Arkansas Administrative Code
Agency 118 - DEPARTMENT OF ENERGY AND ENVIRONMENT
Division 01 - Arkansas Pollution Control and Ecology Commission
Rule 118.01.20-002 - APCandEC Regulation 23 Hazardous Waste Management
Universal Citation: AR Admin Rules 118.01.20-002
Current through Register Vol. 49, No. 9, September, 2024
CHAPTER 1 TITLE AND PURPOSE
The following rules of the Arkansas Pollution Control and Ecology Comission, adopted pursuant to the provisions of the Arkansas Hazardous Waste Management Act of 1979 (Act 406 of 1979, as amended, Arkansas Code Annotated (A.C.A.) §§ 8-7-201 et seq.), and the Arkansas Resource Reclamation Act of 1979 (Act 1098 of 1979, as amended, Arkansas Code Annotated (A.C.A.) §§ 8-7-301 et seq.), shall be known as APC&EC Rule No. 23, (Hazardous Waste Management). It is the purpose of this Rule and it is hereby declared to be the policy of this Commission:
* to protect the public health and safety, the health of living organisms, and the environment from the effects of improper, inadequate, or unsound management of hazardous wastes;
* to establish a program of regulation over the generation, storage, transportation, treatment, and disposal of hazardous waste;
* to assure the safe and adequate management of hazardous wastes within this state;
* to qualify to adopt, administer, and enforce a hazardous waste program pursuant to the Federal Resource Conservation and Recovery Act, as amended, ( P.L. 94-580);
* to afford the people of the State of Arkansas a voice in the permitting of hazardous waste facilities within their respective counties;
* to establish a statewide program designed to protect society and the environment from the risks and burdens associated with the continued practice of disposing of those forms of hazardous waste which could otherwise be treated;
* to encourage the development and utilization of techniques which result in the recovery, reclamation and conservation of resources of the State, including the reclamation and conservation or safeguarding of abandoned hazardous waste disposal sites;
* to encourage interstate cooperation and interstate agreements which would provide a requisite balance of disposal and treatment facilities among the states and which would reduce the amount of hazardous waste disposed of in the state, irrespective of the origin of such wastes; and
* to promote economic growth with environmental concern by establishing a program to assist industries in finding environmentally sound methods of disposing of hazardous waste.
CHAPTER 2 RULES PROMULGATED UNDER THE ARKANSAS HAZARDOUS WASTE MANAGEMENT ACT FOR ADMINISTRATION OF THE STATE RCRA PROGRAM
Section 1.
AUTHORITY
The rules under this Chapter are promulgated pursuant to the Arkansas Hazardous Waste Management Act, as amended (Act 406 of 1979, as amended, A.C.A. §§ 8-7-201 et seq.)
Section 2.
VIOLATIONS
Any of the following acts shall be considered a violation of this Rule and shall be subject to the penalties provided in the Arkansas Hazardous Waste Management Act of 1979 (Act 406 of 1979, as amended):
(a) Failure to comply with the provisions of
this Rule or with the terms of permits or orders issued hereunder.
(b) To purposely or knowingly make any false
statement, representation, or certification in any application, record, report,
plan or other document filed or required to be maintained under this Rule, or
to falsify, tamper with, or knowingly render inaccurate any monitoring device,
testing device, or method required to be maintained under this Rule.
(c) To dispose of hazardous waste at any
disposal site or facility within the state of Arkansas other than one for which
a permit has been issued by the Division pursuant to this Rule.
(d) To engage in hazardous waste management
contrary to the provisions of this Rule or in such a manner or place as to
create or as is likely to be created a public health hazard or to cause water
or air pollution within the meaning of the Arkansas Water and Air Pollution
Control Act, as amended (A.C.A. §§
8-4-201 et seq.)
Section 3.
AMENDMENT AND
UPDATE OF RULE No. 23 (HAZARDOUS WASTE MANAGEMENT)
(a)
Updates. The Commission, at
least annually, after the date of promulgation of any new or revised federal
hazardous waste regulations shall conduct rulemaking procedures with reference
to this Chapter necessary to maintain a State Hazardous Waste Management
Program equivalent to the federal program. Such new or revised federal
regulations upon the date of their publication as final rules of the U.S.
Environmental Protection Agency shall constitute minimum guidelines to the
Commission and the Director in formulating rulemaking proposals to this Rule,
and shall not be construed to limit or interfere with the adoption of
provisions more stringent than federal regulations.
(b)
Incorporations by Reference.
The regulations listed immediately below, promulgated by the U.S.
Environmental Protection Agency, are hereby adopted as provisions of this
Chapter as though set forth herein line for line and word for word with the
exception that all references therein to "Administrator", "Regional
Administrator", "Director", or "State Director" shall be considered references
to the "Director of the Division of Environmental Quality"; and all references
to the "U.S. Environmental Protection Agency" or "EPA" shall be considered
references to the "Division of Environmental Quality ," except
for the following: §§260.21(d), 260.22,
262.11(b), 262.25, 262 Subsection E, 262 Subsection F, 262 Subsection H,
264.12, 264.143(h), 264.147(h), 264.340(b)(1), 265.12, 265.147(b)(1)(i),
265.340(b)(1), 268.5, 268.6, 268.7(d), 268.13, 268.40(b), 268.42(b), 268.44,
270.3, 270.5, 270.11(a)(3), 270.32(c), 270.42(k)(2)(i), 270.51(a), 279.82(b),
and 279.82(c). These sections shall retain the meaning of 'U.S. Environmental
Protection Agency,' 'EPA, Administrator,' or 'Regional Administrator.'"
All references elsewhere in this chapter to any of the following
rules shall constitute a reference to the rule as herein adopted; and provided
that the effective date of provisions adopted herein by reference as provisions
of this Rule shall be the date such provisions are specified as being effective
by the Commission in its rulemaking and the effective date of the federal
regulations adopted herein shall have no bearing on the effective date of any
provisions of this Rule.
Title 40 Code of Federal Regulations:
(1)
Appendix IX of Part 261 (with the exception of delisting decisions for Arkansas
companies; for analogous provisions, see Rule 23 § 261 Appendix
IX);
(2) Appendix IX of Part 266;
and
(3) Subpart A of Part 124 with
the following exceptions: 124.1, 124.2, 124.3(b), 124.3(d), 124.3(e), 124.4,
124.5(b), 124.5(e), 124.5(g), 124.6(b), 124.9, 124.10(a)(1)(i),
124.10(a)(1)(iv), 124.10(a)(1)(v), 124.12(e), 124.14, 124.15, 124.16, 124.18,
124.19, and 124.21 (see also APC&EC Rule No. 8 (Administrative Procedures)
for analogous provisions as referenced in § 270 of this Rule.)
(4) All as adopted as final rules (including
"interim final rules" and "technical amendments") published in the Federal
Register by the U.S. Environmental Protection Agency on or before May 30,
2018.
Section
4.
CONFLICT OF INTEREST.
(a) No employee of the Division shall have a
financial interest in any hazardous waste management facility or in any
commercial enterprise engaged in the transportation, treatment or disposal of
hazardous waste or in any business which furnished real property, plans, labor,
material or equipment to hazardous waste management facilities. For purposes of
this Section, "financial interest of an employee of the Division" shall extend
to that employee's husband or wife if said husband or wife is a stockholder, an
officer or a management official of a commercial entity engaged in any of the
activities listed above.
(b)
Payment by the owner or operator of a hazardous waste management facility to
the Division pursuant to the provisions of § 6(i) shall not be construed
to mean that the Division personnel serving as on-site inspectors have
financial interest in such facility.
Section 5.
(RESERVED)
Section 6.
FEES AND COSTS.
Permit Fees
(a) Any person who applies for a permit for
the construction, operation, and/or post closure care of a hazardous waste
management facility or unit shall submit as part of said application a money
order or cashier's check payable to the Division to cover permit fees in
accordance with the following schedule(s):
(1)
Permits for Construction/Operation Commercial Facility:
(i) Base permit application fee - $20,000
plus waste management activity fee (subsection b).
(ii) Unsolicited application amendment fee
(during application review process) -$3,000 plus applicable waste management
activity fee.
(iii) Permit renewal
fee - Base application fee plus waste management activity fee (subsection
b).
(iv) Annual permit maintenance
fee -$15,000 plus waste management activity fee (subsection b).
(2)
Permits for
Construction/Operation - Noncommercial Facility:
(i) Base permit application fee - $15,000
plus waste management activity fee (subsection b).
(ii) Unsolicited application amendment fee
(during application review process) -$2,250, plus applicable waste management
activity fee
(iii) Permit renewal
fee - Base application fee plus waste management activity fee (subsection
b).
(iv) Annual permit maintenance
fee -$11,250 plus waste management activity fee (subsection b).
(3)
Permits for Post
Closure Care Only - Commercial Facility:
(i) Base permit application fee -
$20,000.
(ii) Unsolicited
application amendment fee (during application review process)
-$3,000.
(iii) Permit renewal fee -
Base application fee.
(iv) Annual
permit maintenance fee - $15,000.
(4)
Permits for Post Closure Care
Only - Noncommercial Facility:
(i)
Base permit application fee - $15,000.
(ii) Unsolicited application amendment fee
(during application review process) - $2,250.
(iii) Permit renewal fee - Base application
fee.
(iv) Annual permit maintenance
fee - $11,250.
(5)
Annual permit maintenance fees will not be assessed during the years
in which permit renewal fees are assessed for commercial and noncommercial
facilities.
(b)
Each hazardous waste management facility or unit in which hazardous wastes are
treated, stored or disposed will be assessed an additional fee (unless said
fees are specifically excluded in subsections (c) and (d) below) for the type
of waste management activity(ies) being conducted, in accordance with the
schedule listed below. Fees addressed by this section shall be assessed and
collected with the base permit application fee (except for the provisions of
(g) below), the permit renewal fee, and annual permit maintenance fee and are
based on the permitted maximum design capacities (including accumulated solids,
where applicable), unless specified otherwise:
(1) Container Storage.
(i) Commercial - $10.00/100 gallons (or
equivalent volume)
(ii)
Noncommercial - $7.50/100 gallons (or equivalent volume).
(2) Tank Treatment and/or Storage.
(i) Commercial - $100.00/1000 gallons (or
equivalent volume)
(ii)
Noncommercial - $75.00/1000 gallons (or equivalent volume).
(3) Waste Pile Storage and/or
Disposal.
(i) Commercial - $10.00/cubic yard
(or equivalent volume)
(ii)
Noncommercial - $7.50/cubic yard (or equivalent volume).
(4) Surface Impoundment Treatment, Storage,
and/or Disposal.
(i) Commercial - $60.00/1000
gallons (or equivalent volume).
(ii) Noncommercial - $45.00/1000 gallons (or
equivalent volume).
(5)
Land Treatment/Land Farm Treatment or Disposal.
(i) Commercial - $10,000/acre.
(ii) Noncommercial - $7,500/acre.
(Fee based on active portion only.)
(6) Landfill Disposal.
(i) Commercial - $5,000/acre feet.
(ii) Noncommercial - $4,000/acre feet.
(Fee based on active portion only.)
(7) Incineration, Boilers, Industrial
Furnaces, and other Thermal Treatment (excluding Open Burning/Detonation of
Waste Explosives).
(i) Commercial -
$3,000/ton/hr.
(ii) Noncommercial -
$2,250/ton/hr.
(Fee based on waste feed rate.)
(8) Open Burning/Detonation of Waste
Explosives.
(i) Commercial -
$2.00/lb/day.
(ii) Noncommercial -
$1.50/lb/day.
(9) Other
Physical, Chemical, or Biological Treatment (not otherwise addressed in (1)
through (8) above).
(i) Commercial -
$20.00/100 gallons/day (or equivalent volume).
(ii) Noncommercial - $15.00/100 gallons/day
(or equivalent volume).
(c) The provisions of subsection (b) do not
apply to impoundments, tanks or other storage devices which are an integral
part of wastewater treatment systems required to have a NPDES discharge
permit.
(d) Underground Injection
Control (UIC) facilities which are subject to permitting for corrective action
under
40 CFR
264.101 and 40 CFR 270.60, but not otherwise
subject to permitting as a hazardous waste management facility, shall submit a
money order or cashier's check payable to the Division as set forth below:
(1) Commercial facility.
(i) Base application fee - $75,000.
(ii) Permit renewal fee - $30,000.
(iii) Annual permit maintenance
fee-$10,000.
(2)
Noncommercial facility.
(i) Base application
fee - $60,000.
(ii) Permit renewal
fee - $20,000.
(iii) Annual permit
maintenance fee - $7,500.
(e) Permit modification applications, other
than Class 1 modifications as defined at § 270.42, must be accompanied by
a money order or cashier's check payable to the Division. If payment is not
received with the permit modification application, the Division will send an
invoice for payment due within 5 business days. Payment of invoices may be made
through DEQ's online payment system (www.adeq.state.ar.us/fiscal).
The fee shall be 50% of the base permit application fee as set forth in
subsection (a). If additional waste management activities are applied for or
operating capacities increased, an additional waste management fee shall be
calculated from subsection (b) and added to the modification fee
total.
(f) [Reserved]
(g) For any facility whose permit application
is processed for an intent to deny the permit, but the facility submits a
revised application in response to this notice of intent to deny, the facility
shall be assessed 100% of the amount of the base application fee, and any
applicable waste management activity fees before further review of the
application is continued.
(h) The
maximum annual amount of fees (exclusive of the unsolicited application
amendment fee addressed at paragraph (a) above, and fees as addressed at
paragraph (g) above, and (s) below) collected for any hazardous waste
management facility permit pursuant to provisions of subsections (a), (b), (d),
and (e) shall not exceed $80,000 for noncommercial facilities or $100,000 for
commercial facilities, provided, however, that the Division may require such
additional fees to be collected from the owner or operator of a commercial
hazardous waste management facility as it deems necessary to compensate it for
costs of providing on-site inspectors under subsection (i).
(i) In addition to fees required by
subsections (a)-(e) any facility which as a condition of its permit is required
to have on-site inspectors shall, prior to the Division's issuance of permit,
submit a money order or cashier's check payable to the Division in the amount
of one fourth the estimated annual cost to the Division of maintaining such
inspectors and shall submit quarterly thereafter a money order or cashier's
check payable to the Division in the amount of one fourth the aforesaid
estimated annual costs. The Division may enter into contractual agreement with
qualified engineering and testing firms to conduct inspections as described
above.
(j) [Reserved]
Hazardous Waste Facility Operator Fees
(k) Any
person who applies to the Division for certification as an operator of a
commercial hazardous waste management facility shall submit as part of that
application a money order or cashier's check of $100 payable to the Division
for initial application and $25 annually thereafter for renewal of the
certification. Nonpayment of the renewal fee within thirty (30) days of the
anniversary date of issuance will cause automatic termination of the
certification.
Closure Plan Fees
(l) Any person who submits a
closure plan (partial or final) shall submit as part of said plan a money order
or cashier check payable to the Division to cover closure plan fees as set
forth below. The fees associated with this subsection are not applicable to
closure plans submitted with a permit application (Part B permit application)
for an operational permit at the time of permit application. They are
applicable to closure of hazardous waste management units which
operated without a permit (whether authorized or not) which are being closed
under enforcement order or otherwise.
(1)
Container Storage Areas and Tank Units:
(i)
Initial Fee
(1) Commercial Facility -
$5,000/unit.
(2) Noncommercial
Facility - $4,000/unit.
(ii) Modification Fee
(1) Commercial Facility -
$3,000/unit.
(2) Noncommercial
Facility - $2,250/unit.
(2) Incinerators, Boilers, Industrial
Furnaces, and other Thermal Treatment Units.
(i) Initial Fee
(1) Commercial Facility -
$6,000/unit.
(2) Noncommercial
Facility - $4,500/unit.
(ii) Modification Fee
(1) Commercial Facility -
$3,000/unit.
(2) Noncommercial
Facility - $2,250/unit.
(3) Waste Pile, Land Treatment, Surface
Impoundment, and Landfill Units:
(i) Initial
Fee
(1) Commercial Facility -
$15,000/unit.
(2) Noncommercial
Facility - $11,250/unit.
(ii) Modification Fee
(1) Commercial Facility -
$5,000/unit.
(2) Noncommercial
Facility - $3,750/unit.
(4) Open Burning/Open Detonation Units:
(i) Initial Fee
(1) Commercial Facility -
$10,000/unit.
(2) Noncommercial
Facility - $7,500/unit.
(ii) Modification Fee
(1) Commercial Facility -
$5,000/unit.
(2) Noncommercial
Facility - $3,750/unit.
(5) Other Treatment Units:
(i) Initial Fee
(1) Commercial Facility -
$10,000/unit.
(2) Noncommercial
Facility - $7,500/unit.
(ii) Modification Fee
(1) Commercial Facility -
$5,000/unit.
(2) Noncommercial
Facility - $3,750/unit.
(m) The maximum initial closure plan fee
collected pursuant to subsection (j) shall not exceed $15,000 for noncommercial
facilities or $20,000 for commercial facilities. A modification fee is not
applicable if an amendment to the closure plan is made necessary due to changes
in rules which become effective subsequent to submissions of the closure plan
for approval.
Monitoring/Inspection Fees
(n) All treatment, storage, and
disposal facilities (TSDF) shall be charged an annual monitoring/inspection fee
as set forth below:
(1) Commercial treatment,
storage or disposal facilities - $2,250.
(2) Noncommercial treatment or disposal
facilities - $1,500.
(3)
Noncommercial storage facilities - $1,125.
Each TSDF shall submit a money order or cashier's check payable to the Division by January 1 of each calendar year beginning January 1, 1990, and annually thereafter.
(o) [Reserved]
(p) All large quantity generators shall be
charged an annual monitoring/inspection fee of $500. Each generator shall
submit a money order or cashier's check payable to the Division by January 1 of
each calendar year.
(q) All small
quantity generators shall be charged an annual monitoring/inspection fee of
$150. Each small quantity generator shall submit a money order or cashier's
check payable to the Division by January 1 of each calendar year.
(r) All transporter transfer facilities shall
be charged an annual monitoring/inspection fee of $50. Each transfer facility
shall submit a money order or cashier's check payable to the Division by
January 1 of each calendar year.
(s) The fees associated with subsections (p),
(q) and (r) shall be in addition to any fees specified elsewhere in this
section. Monitoring and inspection fees are billed by the Division according to
the latest Notification of Regulated Waste Activity on file at the Division.
Miscellaneous Fees and Costs
(t)
Corrective Action Document (and other Technical Document or Proposal) Review
(CADR) Fees. Staff review for all corrective action and/or technical documents
and proposals, whether pursuant to an enforcement order, pursuant to seeking a
permit, or based upon a request from a facility, firm or individual, will be
charged at an initial rate of $60.001 per staff hour for review time, but not
exceeding $15,000 per year for each solid waste management unit or group of
solid waste management units in which the group of units will clearly be
remediated as a single corrective action management unit. This is intended to
include all work associated with corrective measures investigation, study, and
implementation; and all proposal and technical documents reviewed by the
Division.
(1) In addition, this fee shall be
assessed for detailed technical document reviews such as, but not limited to,
plans and specifications for actual closure construction (not closure plans in
applications), documents submitted to comply with new regulatory requirements,
documents for facility or process proposals, etc., reviewed by the
Division.
(2) In the case where a
facility is providing for payment of third party oversight services, which
accompanies the work described in the two paragraphs immediately above, the
maximum total review fee charged by the Division shall not exceed an annual
amount equal to $2,500 for each solid waste management unit at the facility or
10% of the maximum oversight contract limit, for a twelve month period for the
third-party oversight contract(s), whichever is least.
(3) The hourly technical review fee shall be
adjusted annually according to the inflation rate as determined by the U.S.
Department of Labor estimate of Consumer Price Index (CPI) for the specific
year in question.
(u)
Whenever the Division incurs an expense as a result of investigating any
violation of this Rule or as a result of responding to and monitoring the
effects of, spills of hazardous waste, including upset conditions within a
hazardous waste management facility or other location which generates or
handles hazardous waste, the Director may require the person responsible for
such violation, spill or upset condition to submit a money order or cashier's
check to the Division associated with the Division's response, investigations
and monitoring activities. The charges associated with this subsection (u)
shall be in addition to any fees specified elsewhere in this section.
(v) [Reserved]
(1)
This fee is adjusted at the
first of April each calendar year. As a result of applying the annual updates,
the CADR fee rate as of April 2012 was $92.71 per hour.
(w) Fees collected under this
Section shall not be refunded should a permit application or certification be
disapproved pursuant to the provisions of this Rule or voluntarily withdrawn by
the applicant. Nothing in this subsection shall prohibit the Division from
crediting unused portions of fees from permitted facilities toward future
fees.
(x) All fees pursuant to this
Section are due and payable in accordance with each subsection. A late fee of
ten (10) percent of the total fee shall be charged for any fees unpaid after
forty five (45) days from the billing date. No permit will be issued when
indebtedness exists as a result of nonpayment of any of the above fees.
Continued refusal to pay the required fees after a reasonable notice shall
constitute a violation of this Rule and shall be grounds for legal action by
the Division, which may include permit revocation.
(y) A financial assessment of the fee system
shall be presented to the Commission annually by the Director.
(z) Fees and costs associated with the public
participation proceedings regarding permit applications, permit decisions, or
undertaking remedial or corrective action measures shall be borne by the permit
applicant or facility S responsible party(ies). Such costs shall include, but
are not limited to, charges for third parties such as publication fees, rental
charges for hearing halls, professional charges for recording and
transcription, and similar expenses associated with the public participation
proceedings.
(aa)
Fees on the
Generation of Hazardous Waste
(1) On
or before April 1 of each year:
(i) Every
person who generated hazardous wastes in Arkansas during the preceding calendar
year; and every person who accepted for treatment, storage, or disposal in
Arkansas during the preceding calendar year hazardous wastes generated outside
the State shall report the total amount of such hazardous wastes generated or
accepted to the Director on forms prescribed by the Division. (Note: for
facilities subject to the Arkansas Annual Report of Hazardous Waste at
§§ 262.41, 264.75, and/or 265.75, submission of the Annual Report on
or before March 1 fulfills this reporting requirement.)
(ii) Every person required to report wastes
pursuant to subsection (a) above shall be assessed a fee, based upon the
combined total of such wastes (except as exempted at paragraph (3) below) and
billed by the Division in accordance with reported waste generation, to be paid
to the Division on or before July 1 of each year. These fees shall be
calculated and paid according to the following schedule:
|
Category |
Pounds Generated |
Annual Fee |
|
1 |
0 to 29,999 |
$ 0.00 |
|
2 |
30,000 to 99,999 |
$ 750.00 |
|
3 |
100,000 to 199,999 |
$ 1,500.00 |
|
4 |
200,000 to 299,999 |
$ 3,000.00 |
|
5 |
300,000 to 399,999 |
$ 5,000.00 |
|
6 |
400,000 to 499,999 |
$ 7,500.00 |
|
7 |
500,000 and above |
$10,000.00 |
(iii)
No fee shall be assessed pursuant to paragraph (ii) above for hazardous wastes
excluded from inclusion in a facility's determination of its compliance status
or category as a generator (pursuant to § 261.5(c)(1)-(6) of this
rule.
Section
260.- HAZARDOUS WASTE MANAGEMENT SYSTEM - GENERAL
Subsection A-- General
§ 260.1
Purpose, scope, and
applicability
(a) This section provides
definitions of terms, general standards, and overview information applicable to
Sections 260 through 279 of this rule.
(b) In this part:
(1) Section 260.2 sets forth the rules that
the Division will use in making information it receives available to the public
and sets forth the requirements that generators, transporters, or owners or
operators of treatment, storage, or disposal facilities must follow to assert
claims of business confidentiality with respect to information that is
submitted to DEQ under Sections 260 through 265 and 268 of this rule.
(2) Section 260.3 establishes rules of
grammatical construction for Sections 260 through 265 and 268 of this
rule.
(3) Section 260.10 defines
terms which are used in Sections 260 through 265 and 268 of this
rule.
(4) Section 260.20
establishes procedures for petitioning the Commission to amend, modify, or
revoke any provision of Sections 260 through 265 and 268 of this rule and
establishes procedures governing the Commission's action on such
petitions.
(5) Section 260.21
establishes procedures for petitioning the Commission to approve testing
methods as equivalent to those prescribed in Sections 261, 264, or 265 of this
rule.
(6) Section 260.22
establishes procedures for petitioning the Commission to amend subsection D of
Section 261 to exclude a waste from a particular facility.
§ 260.2
Availability of information; confidentiality of information
(a) Any information provided to the
Commission or the Division under this rule will be made available to the public
to the extent and in the manner authorized by the Arkansas Freedom of
Information Act, Ark. Code Ann. § 25-19-100 et.seq., and
the federal Freedom of Information Act,
5
U.S.C. section 552, section 3007(b) of RCRA
and EPA regulations implementing the Freedom of Information Act and RCRA
section 3007(b), as applicable.
(b)
Except as provided under paragraphs (c) and (d) of this section, any person who
submits information to the Commission or Division in accordance with sections
260 through 266 and 268 of this rule may assert a claim of business
confidentiality covering part or all of that information by following the
procedures set forth in § 270.12 of this rule. Information covered by such
a claim will be disclosed by the Commission or Division only to the extent, and
by means of the procedures, set forth in § 270.12(h) except that
information required by § 262.83 that is submitted in a notification of
intent to export a hazardous waste will be provided to the U.S. Department of
State and the appropriate authorities in the transit and receiving or importing
countries regardless of any claims of confidentiality. However, if no such
claim accompanies the information when it is received by the Division, it may
be made available to the public without further notice to the person submitting
it.
(c)
(1) After August 6, 2014, no claim of
business confidentiality may be asserted by any person with respect to
information entered on a Hazardous Waste Manifest (EPA Form 8700-22), a
Hazardous Waste Manifest Continuation Sheet (EPA Form 8700-22A), or an
electronic manifest format that may be prepared and used in accordance with
§ 262.20(a)(3) of this section.
(2) EPA will make any electronic manifest
that is prepared and used in accordance with § 262.20(a)(3), or any paper
manifest that is submitted to the system under §§ 264.71(a)(6) or
265.71(a)(6) of this chapter available to the public under this section when
the electronic or paper manifest is a complete and final document. Electronic
manifests and paper manifests submitted to the system are considered by EPA to
be complete and final documents and publicly available information after 90
days have passed since the delivery to the designated facility of the hazardous
waste shipment identified in the manifest.
(d)
(1)
After June 26, 2018, no claim of business confidentiality may be asserted by
any person with respect to information contained in cathode ray tube export
documents prepared, used and submitted under §§ 261.39(a)(5) and
261.41(a) of this rule, and with respect to information contained in hazardous
waste export, import, and transit documents prepared, used and submitted under
§§ 262.82, 262.83, 262.84, 263.20, 264.12, 264.71, 265.12, 265.71,
and 267.71 of this rule, whether submitted electronically into EPA's Waste
Import Export Tracking System or in paper format.
(2) EPA will make any cathode ray tube export
documents prepared, used and submitted under §§ 261.39(a)(5) and
261.41(a) of this chapter, and any hazardous waste export, import, and transit
documents prepared, used and submitted under §§ 262.82, 262.83,
262.84, 263.20, 264.12, 264.71, 265.12, 265.71, and 267.71 of this chapter
available to the public under this section when these electronic or paper
documents are considered by EPA to be final documents. These submitted
electronic and paper documents related to hazardous waste exports, imports and
transits and cathode ray tube exports are considered by EPA to be final
documents on March 1 of the calendar year after the related cathode ray tube
exports or hazardous waste exports, imports, or transits occur.
§ 260.3
Use
of number and gender
As used in Sections 260 through 273 of this rule:
(a) Words in the masculine gender also
include the feminine and neuter genders; and
(b) Words in the singular include the plural;
and
(c) Words in the plural include
the singular.
§
260.4
Manifest copy submission requirements for certain
interstate waste shipments.
(a) In any
case in which the state in which waste is generated, or the state in which
waste will be transported to a designated facility, requires that the waste be
regulated as a hazardous waste or otherwise be tracked through a hazardous
waste manifest, the designated facility that receives the waste shall,
regardless of the state in which the facility is located:
(1) Complete the facility portion of the
applicable manifest;
(2) Sign and
date the facility certification;
(3) Submit to the e-Manifest system a final
copy of the manifest for data processing purposes; and
(4) Pay the appropriate per manifest fee to
EPA for each manifest submitted to the e-Manifest system, subject to the fee
determination methodology, payment methods, dispute procedures, sanctions, and
other fee requirements specified in subsection FF of Rule No. 23 Section
264.
§
260.5
Applicability of electronic manifest system and user
fee requirements to facilities receiving state-only regulated waste
shipments.
(a) For purposes of this
section, "state-only regulated waste" means:
(1) A non-RCRA waste that a state regulates
more broadly under its state regulatory program, or
(2) A RCRA hazardous waste that is federally
exempt from manifest requirements, but not exempt from manifest requirements
under state law.
(b) In
any case in which a state requires a RCRA manifest to be used under state law
to track the shipment and transportation of a state-only regulated waste to a
receiving facility, the facility receiving such a waste shipment for management
shall:
(1) Comply with the provisions of
§§264.71 (use of the manifest) and 264.72 (manifest discrepancies) of
this chapter; and
(2) Pay the
appropriate per manifest fee to EPA for each manifest submitted to the
e-Manifest system, subject to the fee determination methodology, payment
methods, dispute procedures, sanctions, and other fee requirements specified in
subsection FF of Rule No. 23 Section 264.
Subsection B
--
Definitions
§ 260.10
Definitions
When used in Sections 260 through 279 of this rule, the following terms have the meanings given below:
"Above ground tank" means a device meeting the definition of "tank" in § 260.10 and that is situated in such a way that the entire surface area of the tank is completely above the plane of the adjacent surrounding surface and the entire surface area of the tank (including the tank bottom) is able to be visually inspected.
"Act" means the Arkansas Hazardous Waste Management Act of 1979 (A.C.A. §§ 8-7-201 et
seq.), as amended.
"Active life of a facility" means the period from the initial receipt of hazardous waste at the facility until the Director receives certification of final closure.
"Active Portion" means that portion of a facility where treatment, storage, or disposal operations are being or have been conducted after the effective date of provisions of this rule subjecting such facility to regulation, and which is not a closed portion. (See also "closed portion" and "inactive portion".)
"Acute hazardous waste" means: hazardous wastes that meet the listing criteria in § 261.11(a)(2) and therefore are either listed in § 261.31 of this section with the assigned hazard code of (H) or are listed in § 261.33(e) of this section.
"Administrator" means the Administrator of the U.S. Environmental Protection Agency, or his designee.
"AES filing compliance date" means: the date that EPA announces in the Federal Register, on or after which exporters of hazardous waste and exporters of cathode ray tubes for recycling are required to file EPA information in the Automated Export System or its successor system, under the International Trade Data System (ITDS) platform.
"Ancillary equipment" means any device including, but not limited to, such devices as piping, fittings, flanges, valves, and pumps, that is used to distribute, meter, or control the flow of hazardous waste from its point of generation to a storage or treatment tank(s), between hazardous waste storage and treatment tanks to a point of disposal onsite, or to a point of shipment for disposal off-site.
"Aquifer" means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells or springs.
"Authorized representative" means the person responsible for the overall operation of a facility or an operational unit (i.e., part of a facility), e.g., the plant manager, superintendent or person of equivalent responsibility.
"Battery" means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term "battery" also includes an intact, unbroken battery from which the electrolyte has been removed.
"Boiler" means an enclosed device using controlled flame combustion and having the following characteristics:
(1)
(i) The
unit must have physical provisions for recovering and exporting thermal energy
in the form of steam, heated fluids, or heated gases; and
(ii) The unit's combustion chamber and
primary energy recovery sections(s) must be of integral design. To be of
integral design, the combustion chamber and the primary energy recovery
section(s) (such as waterwalls and superheaters) must be physically formed into
one manufactured or assembled unit. A unit in which the combustion chamber and
the primary energy recovery section(s) are joined only by ducts
(iii) While in operation, the unit must
maintain a thermal energy recovery efficiency of at least 60 percent,
calculated in terms of the recovered energy compared with the thermal value of
the fuel; and
(iv) The unit must
export and utilize at least 75 percent of the recovered energy, calculated on
an annual basis. In this calculation, no credit shall be given for recovered
heat used internally in the same unit. (Examples of internal use are the
preheating of fuel or combustion air, and the driving of induced or forced
draft fans or feedwater pumps); or
(2) The unit is one which the Director has
determined, on a case-by-case basis, to be a boiler, after considering the
standards in § 260.32.
"Carbon dioxide stream" means carbon dioxide that has been captured from an emission source (e.g., power plant), plus incidental associated substances derived from the source materials and the capture process, and any substances added to the stream to enable or improve the injection process.
"Carbon regeneration unit" means any enclosed thermal treatment device used to regenerate spent activated carbon.
"Cathode ray tube" or "CRT" means a vacuum tube, composed primarily of glass, which is the visual or video display component of an electronic device. A used, intact CRT means a CRT whose vacuum has not been released. A used, broken CRT means glass removed from its housing or casing whose vacuum has been released.
"Central accumulation area" means: any on-site hazardous waste accumulation area with hazardous waste accumulating in units subject to either § 262.16 (for small quantity generators) or § 262.17 of this section (for large quantity generators). A central accumulation area at an eligible academic entity that chooses to operate under section 262 subsection K is also subject to § 262.211 when accumulating unwanted material and/or hazardous waste.
"Certification" means a statement of professional opinion based upon knowledge and belief.
"CFR" means the Code of Federal Regulations.
"Closed portion" means that portion of a facility which an owner or operator has closed in accordance with the approved facility closure plan and all applicable closure requirements. (See also "active portion" and "inactive portion".)
"Commercial Hazardous Waste Management Facility" means a hazardous waste management facility which does not meet the definition of a noncommercial hazardous waste facility as defined in this section.
"Commingling" means transfer of different hazardous wastes between DOT-approved containers performed by a transporter where the containers holding such wastes may be opened and mixed with other hazardous wastes. Any commingling that constitutes treatment as defined in this Section cannot occur in the course of transportation.
"Commission" means the Arkansas Pollution Control and Ecology Commission.
"Component" means either the tank or ancillary equipment of a tank system.
"Confined aquifer" means an aquifer bounded above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself; an aquifer containing confined ground water.
"Consolidation" means the transfer of containers of hazardous waste between transport conveyances by a hazardous waste transporter for the sole purpose of achieving transportation efficiencies where the containers holding such wastes are not opened or the wastes repackaged.
"Contained" means held in a unit (including a land-based unit as defined in this subsection) that meets the following criteria:
(1) The unit is in good
condition, with no leaks or other continuing or intermittent unpermitted
releases of the hazardous secondary materials to the environment, and is
designed, as appropriate for the hazardous secondary materials, to prevent
releases of hazardous secondary materials to the environment. Unpermitted
releases are releases that are not covered by a permit (such as a permit to
discharge to water or air) and may include, but are not limited to, releases
through surface transport by precipitation runoff, releases to soil and
groundwater, wind-blown dust, fugitive air emissions, and catastrophic unit
failures;
(2) The unit is properly
labeled or otherwise has a system (such as a log) to immediately identify the
hazardous secondary materials in the unit; and
(3) The unit holds hazardous secondary
materials that are compatible with other hazardous secondary materials placed
in the unit and is compatible with the materials used to construct the unit and
addresses any potential risks of fires or explosions.
(4) Hazardous secondary materials in units
that meet the applicable requirements of APC&EC Rule No. 23 Sections 264 or
265 are presumptively contained.
"Container" means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.
"Containment Building" means a hazardous waste management unit that is used to store or treat hazardous waste under the provisions of Subsection DD of Sections 264 or 265 of this rule.
"Contingency Plan" means a document setting out an organized, planned, and coordinated course of action to be followed in case of a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.
"Corrosion expert" means a person who, by reason of his knowledge of the physical sciences and the principles of engineering and mathematics, acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. Such a person must be certified as being qualified by the National Association of Corrosion Engineers (NACE) or be a registered professional engineer who has certification or licensing that includes education and experience in corrosion control on buried or submerged metal piping systems and metal tanks.
"CRT collector" means a person who receives used, intact CRTs for recycling, repair, resale, or donation.
"CRT exporter" means any person in the United States who initiates a transaction to send used CRTs outside the United States or its territories for recycling or reuse, or any intermediary in the United States arranging for such export.
"CRT glass manufacturer" means an operation or part of an operation that uses a furnace to manufacture CRT glass.
"CRT processing" means conducting all of the following activities:
(1) Receiving
broken or intact CRTs; and
(2)
Intentionally breaking intact CRTs or further breaking or separating broken
CRTs; and
(3) Sorting or otherwise
managing glass removed from CRT monitors. "Division" or
"DEQ" means the Division of Environmental Quality.
"Designated facility" means (a hazardous waste treatment, storage, or disposal facility which :
(1) has received a permit (or interim status)
in accordance with the requirements of Section 270 of this Rule and 40 CFR
124 ,
(2) has received a permit (or
interim status) from a State authorized in accordance with 40 CFR 271, or
(3) is regulated under §
261.6(c)(2) or Subsection F of Section 266 of this Rule, and
(4) that has been designated on the manifest
by the generator pursuant to § 262.20 of this Rule.
"Designated facility" also means a generator site designated on the manifest to receive its waste as a return shipment from a facility that has rejected the waste in accordance with § 264.72(f) or § 265.72(f) of this Rule. If a waste is destined to a facility in an authorized State which has not yet obtained authorization to regulate that particular waste as hazardous, then the designated facility must be a facility allowed by the receiving State to accept such waste.
"Destination facility" means a facility that treats, disposes of, or recycles a particular category of universal waste, except those management activities described in subparagraphs (a) and (c) of sections 273.13 and 273.33. A facility at which a particular category of universal waste is only accumulated, is not a destination facility for purposes of managing that category of universal waste.
"Dike" means an embankment or ridge of either natural or man-made materials used to prevent the movement of liquids, sludges, solids, or other materials.
"Dioxins and furans (D/F)" means tetra, penta, hexa, hepta, and octa-chlorinated dibenzo dioxins and furans.
"Director" means the Director of the Division of Environmental Quality, or his designated representative.
"Discharge or hazardous waste discharge" means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying, or dumping of hazardous waste into or on any land or water.
"Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters.
"Disposal facility" means a facility or part of a facility at which hazardous waste is intentionally placed into or on any land or water, and at which waste will remain after closure. The term disposal facility does not include a corrective action management unit into which remediation wastes are placed.
"Drip pad" is an engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants.
"Electronic import-export reporting compliance date" means: the date that EPA announces in the Federal Register, on or after which exporters, importers, and receiving facilities are required to submit certain export and import related documents to EPA using EPA's Waste Import Export Tracking System, or its successor system.
"Electronic manifest" (or e-Manifest) means the electronic format of the hazardous waste manifest that is obtained from EPA's national e-Manifest system and transmitted electronically to the system, and that is the legal equivalent of EPA Forms 8700-22 (Manifest) and 8700-22A (Continuation Sheet).
"Electronic Manifest System" (or e-Manifest System) means EPA's national information technology system through which the electronic manifest may be obtained, completed, transmitted, and distributed to users of the electronic manifest and to regulatory agencies.
"Elementary neutralization unit" means a device which:
(1) Is used for neutralizing
wastes that are hazardous only because they exhibit the corrosivity
characteristic defined in § 261.22 of this rule, or they are listed in
Subsection D of Section 261 of this rule only for this reason; and
(2) Meets the definition of tank, tank
system, container, transport vehicle, or vessel in § 260.10 of this rule.
"EPA hazardous waste number" means the unique number assigned by the EPA to each hazardous waste listed in Section 261, Subsection D, of this rule and to each characteristic identified in Section 261, Subsection C, of this rule.
"EPA identification number" means the number assigned by EPA or the Division of Environmental Quality to each generator, transporter, and treatment, storage, or disposal facility.
"EPA region" means the states and territories found in any one of the following ten regions:
Region I - Maine, Vermont, New Hampshire, Massachusetts, Connecticut, and Rhode Island.
Region II - New York, New Jersey, Commonwealth of Puerto Rico, and the U.S. Virgin Islands.
Region III - Pennsylvania, Delaware, Maryland, West Virginia, Virginia, and the District of Columbia.
Region IV - Kentucky, Tennessee, North Carolina, Mississippi, Alabama, Georgia, South Carolina, and Florida.
Region V - Minnesota, Wisconsin, Illinois, Michigan, Indiana and Ohio.
Region VI - New Mexico, Oklahoma, Arkansas, Louisiana, and Texas.
Region VII - Nebraska, Kansas, Missouri, and Iowa.
Region VIII - Montana, Wyoming, North Dakota, South Dakota, Utah, and Colorado.
Region IX - California, Nevada, Arizona, Hawaii, Guam, American Samoa, Commonwealth of the Northern Mariana Islands.
Region X - Washington, Oregon, Idaho, and Alaska.
"Equivalent method" means any testing or analytical method approved by the Commission under §§ 260.20 and 260.21.
"Existing hazardous waste management (HWM) facility" or "existing facility" means a facility which was in operation or for which construction commenced on or before March 14, 1979. A facility has commenced construction if:
(1)
The owner or operator has
obtained the Federal, State and local approvals or permits necessary to begin
physical construction; and either
(2)
(i)
A continuous on-site, physical construction program has begun;
or
(ii)
The owner
or operator has entered into contractual obligations - which cannot be
cancelled or modified without substantial loss - for physical construction of
the facility to be completed within a reasonable time.
"Existing portion" means that land surface area of an existing waste management unit, included in the original part A permit application, on which wastes have been placed prior to the issuance of a permit.
"Existing tank system" or "existing component" means a tank system or component that is used for the storage or treatment of hazardous waste and that is in operation, or for which installation has commenced on or prior to July 14, 1986. Installation will be considered to have commenced if the owner or operator has obtained all Federal, State, and local approvals or permits necessary to begin physical construction of the site or installation of the tank system and if either (1) a continuous on-site physical construction or installation program has begun, or (2) the owner or operator has entered into contractual obligations - which cannot be canceled or modified without substantial loss - for physical construction of the site or installation of the tank system to be completed within a reasonable time.
"Explosives or munitions emergency" means a situation involving the suspected or detected presence of unexploded ordnance (UXO), damaged or deteriorated explosives or munitions, an improvised explosive device (IED), other potentially explosive material or device, or other potentially harmful military chemical munitions or device, that creates an actual or potential imminent threat to human health, including safety, or the environment, including property, as determined by an explosives or munitions emergency response specialist. Such situations may require immediate and expeditious action by an explosives or munitions emergency response specialist to control, mitigate, or eliminate the threat.
"Explosives or munitions emergency response" means all immediate response activities by an explosives and munitions emergency response specialist to control, mitigate, or eliminate the actual or potential threat encountered during an explosives or munitions emergency. An explosives or munitions emergency response may include in-place render-safe procedures, treatment or destruction of the explosives or munitions and/or transporting those items to another location to be rendered safe, treated, or destroyed. Any reasonable delay in the completion of an explosives or munitions emergency response caused by a necessary, unforeseen, or uncontrollable circumstance will not terminate the explosives or munitions emergency. Explosives and munitions emergency responses can occur on either public or private lands and are not limited to responses at RCRA facilities.
"Explosives or munitions emergency response specialist" means an individual trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures, or destruction techniques. Explosives or munitions emergency response specialists include Department of Defense (DOD) emergency explosive ordnance disposal (EOD), technical escort unit (TEU), and DOD-certified civilian or contractor personnel; and other Federal, State, or local government, or civilian personnel similarly trained in explosives or munitions emergency responses.
"Facility" means:
(1) All contiguous land, and structures,
other appurtenances, and improvements on the land, used for treating, storing,
or disposing of hazardous waste, or for managing hazardous secondary materials
prior to reclamation. A facility may consist of several treatment, storage, or
disposal operational units (e.g., one or more landfills, surface impoundments,
or combinations of them).
(2) For
the purpose of implementing corrective action under § 264.101 or 267.101
of this rule, all contiguous property under the control of the owner or
operator seeking a permit under Subtitle C of RCRA and/or the Arkansas
Hazardous Waste Management Act. This definition also applies to
facilities implementing corrective action under RCRA § 3008(h) or
the Arkansas Remedial Action Trust Fund Act.
(3) Notwithstanding paragraph (2) of this
definition, a remediation waste management site is not a facility that is
subject to § 264.101, but is subject to corrective action requirements if
the site is located within such a facility.
"Federal agency" means any department, agency, or other instrumentality of the Federal Government, any independent agency or establishment of the Federal Government including any Government corporation, and the Government Printing Office.
"Federal, State and local approvals or permits necessary to begin physical construction" means permits and approvals required under Federal, State or local hazardous waste control statutes, regulations or ordinances.
"Final closure" means the closure of all hazardous waste management units at the facility in accordance with all applicable closure requirements so that hazardous waste management activities under Sections 264 and 265 of this rule are no longer conducted at the facility unless subject to the provisions in § 262.34.
"Food-chain crops" means tobacco, crops grown for human consumption, and crops grown for feed for animals whose products are consumed by humans.
"Free liquids" means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure.
"Freeboard" means the vertical distance between the top of a tank or surface impoundment dike, and the surface of the waste contained therein.
"Generation" means the act or process which results in the production of waste materials.
"Generator" means any person, by site, whose act or process produces hazardous waste identified or listed in Section 261 of this rule or whose act first causes a hazardous waste to become subject to regulation.
"Ground water" means water below the land surface in a zone of saturation.
"Hazardous secondary material" means a secondary material (e.g., spent material, byproduct, or sludge) that, when discarded, would be identified as hazardous waste under Section 261 of this rule.
"Hazardous secondary material generator" means any person whose act or process produces hazardous secondary materials at the generating facility. For purposes of this paragraph, "generating facility" means all contiguous property owned, leased, or otherwise controlled by the hazardous secondary material generator. For the purposes of § 261.2(a)(2)(ii) and § 261.4(a)(23), a facility that collects hazardous secondary materials from other persons is not the hazardous secondary material generator.
"Hazardous Waste" means a hazardous waste as defined in § 261.3 of this rule.
"Hazardous waste constituent" means a constituent that caused the EPA Administrator or Commission to list the hazardous waste in Section 261, Subsection D, of this rule, or a constituent listed in Table 1 of § 261.24 of this rule.
"Hazardous waste management" means the systematic control of the generation, collection, distribution, marketing, source separation, storage, transportation, processing, recovery, disposal and treatment of hazardous waste.
"Hazardous waste management unit" is a contiguous area of land on or in which hazardous waste is placed, or the largest area in which there is significant likelihood of mixing hazardous waste constituents in the same area. Examples of hazardous waste management units include a surface impoundment, a waste pile, a land treatment area, a landfill cell, an incinerator, a tank and its associated piping and underlying containment system and a container storage area. A container alone does not constitute a unit; the unit includes containers and the land or pad upon which they are placed.
"In operation" refers to a facility which is treating, storing, or disposing of hazardous waste.
"Inactive portion" means that portion of a facility which is not operated after the effective date of § 261 of this rule. (See also "active portion" and "closed portion".)
"Incinerator" means any enclosed device that:
(1) Uses controlled flame
combustion and neither meets the criteria for classification as a boiler,
sludge dryer, or carbon regeneration unit, nor is listed as an industrial
furnace; or
(2) Meets the
definition of infrared incinerator or plasma arc incinerator.
Incompatible waste" means a hazardous waste which is unsuitable for:
(1) Placement in a
particular device or facility because it may cause corrosion or decay of
containment materials (e.g., container inner liners or tank walls);
or
(2) Commingling with another
waste or material under uncontrolled conditions because the commingling might
produce heat or pressure, fire or explosion, violent reaction, toxic dusts,
mists, fumes, or gases, or flammable fumes or gases.
(See appendix V of Sections 264 and 265 of this rule for examples.)
"Individual generation site" means the contiguous site at or on which one or more hazardous wastes are generated. An individual generation site, such as a large manufacturing plant, may have one or more sources of hazardous waste but is considered a single or individual generation site if the site or property is contiguous.
"Industrial furnace" means any of the following enclosed devices that are integral components of manufacturing processes and that use thermal treatment to accomplish recovery of materials or energy:
(1) Cement
kilns
(2) Lime kilns
(3) Aggregate kilns
(4) Phosphate kilns
(5) Coke ovens
(6) Blast furnaces
(7) Smelting, melting and refining furnaces
(including pyrometallurgical devices such as cupolas, reverberator furnaces,
sintering machine, roasters, and foundry furnaces)
(8) Titanium dioxide chloride process
oxidation reactors
(9) Methane
reforming furnaces
(10) Pulping
liquor recovery furnaces
(11)
Combustion devices used in the recovery of sulfur values from spent sulfuric
acid
(12) Halogen acid furnaces
(HAFs) for the production of acid from halogenated hazardous waste generated by
chemical production facilities where the furnace is located on the site of a
chemical production facility, the acid product has a halogen acid content of at
least 3%, the acid product is used in a manufacturing process, and, except for
hazardous waste burned as fuel, hazardous waste fed to the furnace has a
minimum halogen content of 20% as-generated.
(13) Such other devices as the Commission
may, after notice and comment, add to this list on the basis of one or more of
the following factors:
(i) The design and use
of the device primarily to accomplish recovery of material products;
(ii) The use of the device to burn or reduce
raw materials to make a material product;
(iii) The use of the device to burn or reduce
secondary materials as effective substitutes for raw materials, in processes
using raw materials as principal feedstocks;
(iv) The use of the device to burn or reduce
secondary materials as ingredients in an industrial process to make a material
product;
(v) The use of the device
in common industrial practice to produce a material product; and
(vi) Other factors, as appropriate.
"Infrared incinerator" means any enclosed device that uses electric powered resistance heaters as a source of radiant heat followed by an afterburner using controlled flame combustion and which is not listed as an industrial furnace.
"Inground tank" means a device meeting the definition of "tank" in § 260.10 whereby a portion of the tank wall is situated to any degree within the ground, thereby preventing visual inspection of that external surface area of the tank that is in the ground.
"Injection well" means a well into which fluids are injected. (See also "underground injection".)
"Inner liner" means a continuous layer of material placed inside a tank or container which protects the construction materials of the tank or container from the contained waste or reagents used to treat the waste.
"Installation inspector" means a person who, by reason of his knowledge of the physical sciences and the principles of engineering, acquired by a professional education and related practical experience, is qualified to supervise the installation of tank systems.
"Intermediate facility" means any facility that stores hazardous secondary materials for more than 10 days, other than a hazardous secondary material generator or reclaimer of such material.
"International shipment" means the transportation of hazardous waste into or out of the jurisdiction of the United States.
"Lamp", also referred to as "universal waste lamp", is defined as the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.
"Land-based unit" means an area where hazardous secondary materials are placed in or on the land before recycling. This definition does not include land-based production units.
"Landfill" means a disposal facility or part of a facility where hazardous waste is placed in or on land and which is not a pile, a land treatment facility, a surface impoundment, an underground injection well, a salt dome formation, a salt bed formation, an underground mine, a cave, or a corrective action management unit.
"Landfill cell" means a discrete volume of a hazardous waste landfill which uses a liner to provide isolation of wastes from adjacent cells or wastes. Examples of landfill cells are trenches and pits.
"Land treatment facility" means a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface; such facilities are disposal facilities if the waste will remain after closure.
"Large quantity generator" means a generator who generates any of the following amounts in a calendar month:
(1) Greater than or equal to 1,000 kilograms
(2200 lbs) of non-acute hazardous waste; or
(2) Greater than 1 kilogram (2.2 lbs) of
acute hazardous waste listed in § 261.31 or § 261.33(e) of this rule;
or
(3) Greater than 100 kilograms
(220 lbs) of any residue or contaminated soil, water, or other debris resulting
from the cleanup of a spill, into or on any land or water, of any acute
hazardous waste listed in § 261.31 or § 261.33(e) of this rule.
"Leachate" means any liquid, including any suspended components in the liquid, that has percolated through or drained from hazardous waste.
"Leak-detection system" means a system capable of detecting the failure of either the primary or secondary containment structure or the presence of a release of hazardous waste or accumulated liquid in the secondary containment structure. Such a system must employ operational controls (e.g., daily visual inspections for releases into the secondary containment system of aboveground tanks) or consist of an interstitial monitoring device designed to detect continuously and automatically the failure of the primary or secondary containment structure or the presence of a release of hazardous waste into the secondary containment structure.
"Liner" means a continuous layer of natural or man-made materials, beneath or on the sides of a surface impoundment, landfill, or landfill cell, which restricts the downward or lateral escape of hazardous waste, hazardous waste constituents, or leachate.
"Management" or "hazardous waste management" means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery, and disposal of hazardous waste.
"Manifest" means the shipping document EPA Form 8700-22 (including, if necessary, EPA Form 8700-22A), or the electronic manifest, originated and signed in accordance with the applicable requirements of sections 262 through 265.
"Manifest tracking number" means: the alphanumeric identification number (i.e., a unique three letter suffix preceded by nine numerical digits), which is pre-printed in Item 4 of the Manifest by a registered source.
"Mercury-containing device" means a device or a part of a device (including thermostats, but excluding batteries and lamps) which contains elemental mercury integral to its function.
"Military munitions" means all ammunition products and components produced or used by or for the U.S. Department of Defense or the U.S. Armed Services for national defense and security, including military munitions under the control of the Department of Defense, the U.S. Coast Guard, the U.S. Department of Energy (DOE), and National Guard personnel. The term military munitions includes: confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries used by DOD components, including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges, and devices and components thereof. Military munitions do not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear components thereof. However, the term does include non-nuclear components of nuclear devices, managed under DOE's nuclear weapons program after all required sanitization operations under the Atomic Energy Act of 1954, as amended, have been completed.
"Mining overburden returned to the mine site" means any material overlying an economic mineral deposit which is removed to gain access to that deposit and is then used for reclamation of a surface mine.
"Miscellaneous unit" means a hazardous waste management unit where hazardous waste is treated, stored, or disposed of and that is not a container, tank, surface impoundment, pile, land treatment unit, landfill, incinerator, boiler, industrial furnace, underground injection well with appropriate technical standards under 40 CFR Part 146, containment building, corrective action management unit, or unit eligible for a research, development, and demonstration permit under § 270.65, or staging pile.
"Movement" means that hazardous waste transported to a facility in an individual vehicle.
"New hazardous waste management facility" or "new facility" means a facility which began operation, or for which construction commenced after November 19, 1980. (See also "Existing hazardous waste management facility".)
"New tank system" or "new tank component" means a tank system or component that will be used for the storage or treatment of hazardous waste and for which installation has commenced after July 14, 1986; except, however, for purposes of § 264.193(g)(2) and § 265.193(g)(2), a new tank system is one for which construction commences after July 14, 1986. (See also "existing tank system.")
"No free liquids" as used in Rule 23 §§ 262.4(a)(26) and 261.4(b)( 18), means that solvent-contaminated wipes may not contain free liquids as determined by Method 9095B (Paint Filter Liquids Test), included in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" (EPA Publication SW-846), which is incorporated by reference, and that there is no free liquid in the container holding the wipes. No free liquids may also be determined using another standard or test method as defined by an authorized state.
"Non-acute hazardous waste" means: all hazardous wastes that are not acute hazardous waste, as defined in this section.
"Noncommercial Hazardous Waste Facility" means a hazardous waste management facility which is constructed and operated to store, treat, and/or dispose of hazardous waste which has been generated by the owners or operators of said facility and which storage, treatment or disposal is not undertaken for profit. A noncommercial hazardous waste facility may accept, at cost or profit, hazardous waste which has been generated by persons other than the owners or operators of said facility, provided that the total amount of such wastes does not exceed 5 (five) percent of the facility's annual operating capacity and provided that the permit for said facility authorizes the acceptance of such waste for storage, treatment, and/or disposal.
"On-ground tank" means a device meeting the definition of "tank" in § 260.10 and that is situated in such a way that the bottom of the tank is on the same level as the adjacent surrounding surface so that the external tank bottom cannot be visually inspected.
"On-site" means the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a crossroads intersection, and access is by crossing as opposed to going along, the right-of-way. Noncontiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access, is also considered on-site property.
"Open burning" means the combustion of any material without the following characteristics:
(1) Control of combustion air to maintain
adequate temperature for efficient combustion,
(2) Containment of the combustion-reaction in
an enclosed device to provide sufficient residence time and mixing for complete
combustion, and
(3) Control of
emission of the gaseous combustion products. (See also "incineration" and
"thermal treatment".)
"Operator" means an individual or individuals charged with the responsibility of managing or operating a hazardous waste management facility, including the responsibility for assuring the operation of said facility is in accordance with the provisions of this hazardous waste management rule.
"Owner" means the person who owns a facility or part of a facility.
"Partial Closure" means the closure of a hazardous waste management unit in accordance with the applicable closure requirements of Sections 264 and 265 of this rule at a facility that contains other active hazardous waste management units. For example, partial closure may include the closure of a tank (including its associated piping and underlying containment systems), landfill cell, surface impoundment, waste pile, or other hazardous waste management unit, while other units of the same facility continue to operate.
"Permit" means a written permit issued by the Arkansas Department of Transportation authorizing a person to transport hazardous waste (Hazardous Waste Transportation Permit), or a written permit issued by the Division of Environmental Quality authorizing the establishment, construction, operation, and/or maintenance of a hazardous waste treatment, disposal, or storage facility or site.
"Permitted Site" means any site used for disposal, treatment or storage of hazardous waste which has a current valid operating permit issued by the Division of Environmental Quality.
"Person" means an individual, corporation, company, firm, partnership, association, trust, joint stock company, joint venture, state or federal agency or instrumentality, county, city, town, or municipal authority, trust venture or any other legal entity, or combination of entities however organized.
"Personnel" or "facility personnel" means all persons who work at, or oversee the operations of, a hazardous waste facility, and whose actions or failure to act may result in noncompliance with the requirements of Section 264 or 265 of this rule.
"Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, other than any article that:
(1) Is a new
animal drug under the federal FFDCA section 201(w), or
(2) Is an animal drug that has been
determined by regulation of the Secretary of the federal Health and Human
Services not to be a new animal drug, or
(3) Is an animal feed under the federal FFDCA
section 201(x) that bears or contains any substances described by paragraph (1)
or (2) of this section.
"Pile" means any non-containerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage and that is not a containment building.
"Plasma arc incinerator" means any enclosed device using a high intensity electrical discharge or arc as a source of heat followed by an afterburner using controlled flame combustion and which is not listed as an industrial furnace.
"Point source" means any discernible, confined, and discrete conveyance, including, but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.
"Publicly owned treatment works" or "POTW" means any device or system used in the treatment (including recycling and reclamation) f municipal sewage or industrial wastes of a liquid nature which is owned by a "State" or "municipality" (as defined by section 502(4) of the CWA). This definition includes sewers, pipes, or other conveyances only if they convey wastewater to a POTW providing treatment.
"Qualified Groundwater Scientist" means a scientist or engineer who has received a baccalaureate or post-graduate degree in the natural sciences or engineering, and has sufficient training and experience in ground-water hydrology and related fields as may be demonstrated by state registration, professional certifications, or completion of accredited university courses that enable that individual to make sound professional judgements regarding ground-water monitoring and contaminant fate and transport.
"RCRA" means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. section 6901 et seq.
"Recognized trader" means a person domiciled in the United States, by site of business, who acts to arrange and facilitate transboundary movements of wastes destined for recovery or disposal operations, either by purchasing from and subsequently selling to United States and foreign facilities, or by acting under arrangements with a United States waste facility to arrange for the export or import of the wastes.
"Regional Administrator" means the Regional Administrator for the EPA Region in which the facility is located, or his designee.
"Remanufacturing" means processing a higher-value hazardous secondary material in order to manufacture a product that serves a similar functional purpose as the original commercial-grade material. For the purpose of this definition, a hazardous secondary material is considered higher value if it was generated from the use of a commercial-grade material in a manufacturing process and can be remanufactured into a similar commercial-grade material.
"Remediation waste" means all solid and hazardous wastes, and all media (including groundwater, surface water, soils, and sediments) and debris that are managed for implementing cleanup.
"Remediation waste management site" means a facility where an owner or operator is or will be treating, storing or disposing of hazardous remediation wastes. A remediation waste management site is not a facility that is subject to corrective action under § 264.101 of this rule, but is subject to corrective action requirements if the site is located in such a facility.
"Replacement unit" means a landfill, surface impoundment, or waste pile unit (1) from which all or substantially all of the waste is removed, and (2) that is subsequently reused to treat, store, or dispose of hazardous waste. "Replacement unit" does not apply to a unit from which waste is removed during closure, if the subsequent reuse solely involves the disposal of waste from that unit and other closing units or corrective action areas at the facility, in accordance with an approved closure plan or EPA- or State-approved corrective action.
"Representative sample" means a sample of a universe or whole (e.g., waste pile, lagoon, ground water) which can be expected to exhibit the average properties of the universe or whole.
"Run-off" means any rainwater, leachate, or other liquid that drains over land from any part of a facility.
"Run-on" means any rainwater, leachate, or other liquid that drains over land onto any part of a facility.
"Saturated zone" or "zone of saturation" means that part of the earth's crust in which all voids are filled with water.
"Shipper" means any person initiating transportation of hazardous waste. A shipper may include a generator or storage, treatment or disposal facility.
"Site" means any real property located within the boundary of the State of Arkansas which is, has been subsequent to March 14, 1979, or is contemplated to be used for treatment, storage, disposal, or generation of hazardous wastes.
"Sludge" means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.
"Sludge dryer" means any enclosed thermal treatment device that is used to dehydrate sludge and that has a maximum total thermal input, excluding the heating value of the sludge itself, of 2,500 BTU/lb of sludge treated on a wet-weight basis.
"Small Quantity Generator" means a generator who generates the following amounts in a calendar month.
(1) Greater than 100 kilograms (220 lbs) but
less than 1,000 kilograms (2200 lbs) of non-acute hazardous waste;
and
(2) Less than or equal to 1
kilogram (2.2 lbs) of acute hazardous waste listed in § 261.31 or §
261.33(e) of this rule; and
(3)
Less than or equal to 100 kilograms (220 lbs) of any residue or contaminated
soil, water, or other debris resulting from the cleanup of a spill, into or on
any land or water, of any acute hazardous waste listed in § 261.31 or
§ 261.33(e) of this rule.
"Solid waste" means a solid waste as defined in § 261.2 of this rule.
"Solid waste management unit", or "SWMU" means any discernible unit at which solid wastes have been placed at any time, irrespective of whether the unit was intended for the management of solid or hazardous wastes. Such units include any area at a facility at which solid wastes have been routinely or systematically released.
"Solvent-contaminated wipe" means a wipe that, after use or after cleaning up a spill either (1) contains one or more of the F001 through F005 solvents listed in Rule 23 § 261.31 or the corresponding P- or U- listed solvents found in Rule 23 § 261.33; (2) exhibits a hazardous characteristic found in Rule 23 § 261 subsection C when that characteristic results from a solvent listed in Rule 23 § 261; and/or (3) exhibits only the hazardous waste characteristic of ignitability found in Rule 23 § 261.21 due to the presence of one or more solvents that are not listed in Rule 23 § 261. Solvent contaminated wipes that contain listed hazardous waste other than solvents, or exhibit the characteristic of toxicity, corrosivity, or reactivity due to contaminants other than solvents, are not eligible for the exclusions at Rule 23 § §261.4(a)(26) and 261.4(b)(18).
"Sorbent" means a material that is used to soak up free liquids by either adsorption or absorption, or both. "Sorb" means to either adsorb or absorb, or both.
"Staging pile" means an accumulation of solid, non-flowing remediation waste (as defined in this section) that is not a containment building and that is used only during remedial operations for temporary storage at a facility. Staging piles must be designated by the Director according to the requirements of § 264.554 of this rule.
"State" means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
"Storage" means the holding of hazardous waste for a temporary period, at the end of which the hazardous waste is treated, disposed of, or stored elsewhere.
"Sump" means any pit or reservoir that meets the definition of tank and those troughs/trenches connected to it that serve to collect hazardous waste for transport to hazardous waste storage, treatment, or disposal facilities; except that as used in the landfill, surface impoundment, and waste pile rules, "sump" means any lined pit or reservoir that serves to collect liquids drained from a leachate collection and removal system or leak detection system for subsequent removal from the system.
"Surface impoundment or impoundment" means a facility or part of a facility which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons.
"Tank" means a stationary device, designed to contain an accumulation of hazardous waste which is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) which provide structural support.
"Tank system" means a hazardous waste storage or treatment tank and its associated ancillary equipment and containment system.
"TEQ" means toxicity equivalence, the international method of relating the toxicity of various dioxin/furan congeners to the toxicity of 2,3,7,8-tetrachlorodibenzo-p-dioxin.
"Thermal treatment" means the treatment of hazardous waste in a device which uses elevated temperatures as the primary means to change the chemical, physical, or biological character or composition of the hazardous waste. Examples of thermal treatment processes are incineration, molten salt, pyrolysis, calcination, wet air oxidation, and microwave discharge. (See also "incinerator" and "open burning".)
"Thermostat" means a temperature control device that contains metallic mercury in an ampule attached to a bimetal sensing element, and mercury-containing ampules that have been removed from these temperature control devices in compliance with the requirements of § 273.13(c)(2) or 273.33(c)(2).
"Totally enclosed treatment facility" means a facility for the treatment of hazardous waste which is directly connected to an industrial production process and which is constructed and operated in a manner which prevents the release of any hazardous waste or any constituent thereof into the environment during treatment. An example is a pipe in which waste acid is neutralized.
"Transfer facility" means any transportation-related facility including loading docks, parking areas, storage areas and other similar areas where shipments of hazardous waste or hazardous secondary materials are held during the normal course of transportation.
"Transport" means the movement of wastes from the point of generation to any intermediate points, or to the point of ultimate storage, treatment or disposal.
"Transport vehicle" means a motor vehicle or rail car used for the transportation of cargo by any mode. Each cargo-carrying body (trailer, railroad freight car, etc.) is a separate transport vehicle.
"Transportation" means the movement of hazardous waste by air, rail, highway, or water.
"Transporter" means a person engaged in the offsite transportation of hazardous waste by air, rail, highway, or water.
"Treatability study" means a study in which a hazardous waste is subjected to a treatment process to determine:
(1) Whether the waste is amenable to the
treatment process,
(2) what
pretreatment (if any) is required,
(3) the optimal process conditions needed to
achieve the desired treatment,
(4)
the efficiency of a treatment process for a specific waste or wastes,
or
(5) the characteristics and
volumes of residuals from a particular treatment process. Also included in this
definition for the purpose of the § 261.4 (e) and (f) exemptions are liner
compatibility, corrosion, and other material compatibility studies and
toxicological and health effects studies. A "treatability study" is not a means
to commercially treat or dispose of hazardous waste.
"Treatment" means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste, or so as to recover energy or material resources from the waste, or so as to render such waste non-hazardous, or less hazardous; safer to transport, store, or dispose of; or amenable for recovery, amenable for storage, or reduced in volume.
"Treatment Facility" means a location at which waste is subject to treatment and may include a facility where waste has been generated.
"Treatment zone" means a soil area of the unsaturated zone of a land treatment unit within which hazardous constituents are degraded, transformed, or immobilized.
"Ultimate Controlling Person" means a person who is not controlled by another person.
"Underground injection" means the subsurface emplacement of fluids through a bored, drilled or driven well; or through a dug well, where the depth of the dug well is greater than the largest surface dimension. (See also "injection well".)
"Underground tank" means a device meeting the definition of "tank" in § 260.10 whose entire surface area is totally below the surface of and covered by the ground.
" Unfit-for-use tank system" means a tank system that has been determined through an integrity assessment or other inspection to be no longer capable of storing or treating hazardous waste without posing a threat of release of hazardous waste to the environment.
"Unsaturated zone" or "zone of aeration" means the zone between the land surface and the water table.
"User of the electronic manifest system" means a hazardous waste generator, a hazardous waste transporter, an owner or operator of a hazardous waste treatment, storage, recycling, or disposal facility, or any other person that:
(1) Is required
to use a manifest to comply with:
(i) Any
federal or state requirement to track the shipment, transportation, and receipt
of hazardous waste or other waste material that is shipped from the site of
generation to an off-site designated facility for treatment, storage,
recycling, or disposal; or
(ii) Any
federal or state requirement to track the shipment, transportation, and receipt
of rejected wastes or regulated container residues that are shipped from a
designated facility to an alternative facility, or returned to the generator;
and
(2) Elects to use the
system to obtain, complete and transmit an electronic manifest format supplied
by the EPA electronic manifest system, or
(3) Elects to use the paper manifest form and
submits to the system for data processing purposes a paper copy of the manifest
(or data from such a paper copy), in accordance with § 264.71(a)(2)(v) or
§ 265.71(a)(2)(v) of this rule. These paper copies are submitted for data
exchange purposes only and are not the official copies of record for legal
purposes.
"United States" means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
"Universal Waste" means any of the following hazardous wastes that are managed under the universal waste requirements of Section 273 of this rule:
(1) Batteries
as described in § 273.2 of this rule;
(2) Pesticides as described in § 273.3
of this rule;
(3)
Mercury-containing devices as described in § 273.4 of this rule;
(4) Lamps as described in § 273.5 of
this rule; and
(5)
Consumer electronic items ("electronic wastes") as described in § 273.6 of
this rule.
"Universal Waste Handler":
(1) Means:
(a) A generator (as defined in this section)
of universal waste; or
(b) The
owner or operator of a facility, including all contiguous property, that
receives universal waste from other universal waste handlers, accumulates
universal waste, and sends universal waste to another universal waste handler,
to a destination facility, or to a foreign destination.
(2) Does not mean:
(a) A person who treats (except under the
provisions of § 273.13(a) or (c), or 273.33(a) or (c)), disposes of, or
recycles universal waste; or
(b) A
person engaged in the off-site transportation of universal waste by air, rail,
highway, or water, including a universal waste transfer facility.
"Universal Waste Transporter" means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.
"Uppermost aquifer" means the geologic formation nearest the natural ground surface that is an aquifer, as well as lower aquifers that are hydraulically inter-connected with this aquifer within the facility's property boundary.
"Used oil" means any oil that has been refined from crude oil, or any synthetic oil, and as a result of such use is contaminated by physical or chemical impurities.
"User of the electronic manifest system" means a hazardous waste generator, a hazardous waste transporter, an owner or operator of a hazardous waste treatment, storage, recycling, or disposal facility, or any other person that:
(1) Is
required to use a manifest to comply with:
(i) Any federal or state requirement to track
the shipment, transportation, and receipt of hazardous waste or other waste
material that is shipped from the site of generation to an off-site designated
facility for treatment, storage, recycling, or disposal; or
(ii) Any federal or state requirement to
track the shipment, transportation, and receipt of rejected wastes or regulated
container residues that are shipped from a designated facility to an
alternative facility, or returned to the generator; and
(2) Elects to use the system to obtain,
complete and transmit an electronic manifest format supplied by the EPA
electronic manifest system, or
(3)
Elects to use the paper manifest form and submits to the system for data
processing purposes a paper copy of the manifest (or data from such a paper
copy), in accordance with § 264.71(a)(2)(v) or § 265.71(a)(2)(v) of
this rule. These paper copies are submitted for data exchange purposes only and
are not the official copies of record for legal purposes.
"Very small quantity generator" means: a generator who generates less than or equal to the following amounts in a calendar month:
(1) 100 kilograms (220 lbs) of
non-acute hazardous waste; and
(2)
1 kilogram (2.2 lbs) of acute hazardous waste listed in § 261.31 or §
261.33(e) of this rule; and
(3) 100
kilograms (220 lbs) of any residue or contaminated soil, water, or other debris
resulting from the cleanup of a spill, into or on any land or water, of any
acute hazardous waste listed in § 261.31 or § 261.33(e) of this rule.
"Vessel" includes every description of watercraft, used or capable of being used as a means of transportation on the water.
"Wastewater treatment unit" means a device which:
(1) Is part of a wastewater
treatment facility that is subject to regulation under either section 402 or
307(b) of the federal Clean Water Act; and
(2) Receives and treats or stores an influent
wastewater that is a hazardous waste as defined in § 261.3 of this rule,
or that generates and accumulates a wastewater treatment sludge that is a
hazardous waste as defined in § 261.3 of this rule, or treats or stores a
wastewater treatment sludge which is a hazardous waste as defined in §
261.3 of this rule; and
(3) Meets
the definition of tank or tank system in § 260.10 of this rule.
"Water (bulk shipment)" means the bulk transportation of hazardous waste which is loaded or carried on board a vessel without containers or labels.
"Well" means any shaft or pit dug or bored into the earth, generally of a cylindrical form, and often walled with bricks or tubing to prevent the earth from caving in.
"Well injection" (See "underground injection".)
"Wipe" means a woven or non-woven shop towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other material.
"Zone of engineering control" means an area under the control of the owner/operator that, upon detection of a hazardous waste release, can be readily cleaned up prior to the release of hazardous waste or hazardous constituents to ground water or surface water.
§ 260.11
Incorporation by Reference
(a)
When used in Sections 260 through 268, 270, 273, and 279 of this rule, the
following publications are incorporated by reference. These incorporations by
reference were approved by the Director of the Federal Register pursuant to
5
U.S.C. 552(a) and 1 CFR part
51. These materials are incorporated as they exist on the date of approval and
a notice of any change in these materials will be published in the Federal
Register. Copies may be inspected at the Library, U.S. Environmental Protection
Agency, 1200 Pennsylvania Ave., NW. (3403T), Washington, DC 20460,
libraryhq@epa.gov; or at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA, call
202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.
(b) The following materials are available for
purchase from the American Society for Testing and Materials, 100 Barr Harbor
Drive, P.O. Box C700, West Conshohocken, PA 19428-2959.
(1) ASTM D-93-79 or D-93-80, ''Standard Test
Methods for Flash Point by Pensky-Martens Closed Cup Tester,'' IBR approved for
§ 261.21.
(2) ASTM D-1946-82,
''Standard Method for Analysis of Reformed Gas by Gas Chromatography,'' IBR
approved for §§ 264.1033, 265.1033.
(3) ASTM D 2267-88, ''Standard Test Method
for Aromatics in Light Naphthas and Aviation Gasolines by Gas Chromatography,''
IBR approved for § 264.1063.
(4) ASTM D 2382-83, ''Standard Test Method
for Heat of Combustion of Hydrocarbon Fuels by Bomb Calorimeter (High-Precision
Method),'' IBR approved for §§ 264.1033, 265.1033.
(5) ASTM D 2879-92, ''Standard Test Method
for Vapor Pressure-Temperature Relationship and Initial Decomposition
Temperature of Liquids by Isoteniscope,'' IBR approved for §
265.1084.
(6) ASTM D-3278-78,
''Standard Test Methods for Flash Point for Liquids by Setaflash Closed
Tester,'' IBR approved for § 261.21(a).
(7) ASTM E 168-88, ''Standard Practices for
General Techniques of Infrared Quantitative Analysis,'' IBR approved for §
264.1063.
(8) ASTM E 169-87,
''Standard Practices for General Techniques of Ultraviolet-Visible Quantitative
Analysis,'' IBR approved for § 264.1063.
(9) ASTM E 260-85, ''Standard Practice for
Packed Column Gas Chromatography,'' IBR approved for § 264.1063.
(10) ASTM E 926-88, ''Standard Test Methods
for Preparing Refuse-Derived Fuel (RDF) Samples for Analyses of Metals,'' Test
Method C-Bomb, Acid Digestion Method.
(c) The following materials are available for
purchase from the National Technical Information Service, 5285 Port Royal Road,
Springfield, VA 22161; or for purchase from the Superintendent of Documents,
U.S. Government Printing Office, Washington, DC 20402, (202) 512-1800.
(1) "APTI Course 415: Control of Gaseous
Emissions," EPA Publication EPA-450/2-81-005, December 1981, IBR approved for
§§ 264.1035 and 265.1035.
(2) Method 1664, Revision A, n-Hexane
Extractable Material (HEM; Oil and Grease) and Silica Gel Treated n-Hexane
Extractable Material (SGT-HEM; Non-polar Material) by Extraction and
Gravimetry, PB99-121949, IBR approved for Section 261, appendix IX.
(3) The following methods as published in the
test methods compendium known as ''Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,'' EPA Publication SW- 846, Third Edition. A suffix
of ''A'' in the method number indicates revision one (the method has been
revised once). A suffix of ''B'' in the method number indicates revision two
(the method has been revised twice). A suffix of ''C'' in the method number
indicates revision three (the method has been revised three times). A suffix of
''D'' in the method number indicates revision four (the method has been revised
four times).
(i) Method 0010, dated September
1986 and in the Basic Manual, IBR approved for Section 261, appendix
IX.
(ii) Method 0020, dated
September 1986 and in the Basic Manual, IBR approved for Section 261, appendix
IX.
(iii) Method 0030, dated
September 1986 and in the Basic Manual, IBR approved for Section 261, appendix
IX.
(iv) Method 1320, dated
September 1986 and in the Basic Manual, IBR approved for Section 261, appendix
IX.
(v) Method 1311, dated
September 1992 and in Update I, IBR approved for Section 261, appendix IX, and
§§ 261.24, 268.7, 268.40.
(vi) Method 1330A, dated September 1992 and
in Update I, IBR approved for Section 261, appendix IX.
(vii) Method 1312 dated September 1994 and in
Update III, IBR approved for Section 261, appendix IX and
40
CFR 278.3(b)(1).
(viii) Method 0011, dated December 1996 and
in Update III, IBR approved for Section 261, appendix IX, and Section 266,
appendix IX.
(ix) Method 0023A,
dated December 1996 and in Update III, IBR approved for Section 261, appendix
IX, Section 266, appendix IX, and § 266.104.
(x) Method 0031, dated December 1996 and in
Update III, IBR approved for Section 261, appendix IX.
(xi) Method 0040, dated December 1996 and in
Update III, IBR approved for Section 261, appendix IX.
(xii) Method 0050, dated December 1996 and in
Update III, IBR approved for Section 261, appendix IX, Section 266, appendix
IX, and § 266.107.
(xiii)
Method 0051, dated December 1996 and in Update III, IBR approved for Section
261, appendix IX, Section 266, appendix IX, and § 266.107.
(xiv) Method 0060, dated December 1996 and in
Update III, IBR approved for Section 261, appendix IX, § 266.106, and
Section 266, appendix IX.
(xv)
Method 0061, dated December 1996 and in Update III, IBR approved for Section
261, appendix IX, § 266.106, and Section 266, appendix IX.
(xvi) Method 9071B, dated April 1998 and in
Update IIIA, IBR approved for Section 261, appendix IX.
(xvii) Method 1010A, dated November 2004 and
in Update IIIB, IBR approved for Section 261, appendix IX.
(xviii) Method 1020B, dated November 2004 and
in Update IIIB, IBR approved for Section 261, appendix IX.
(xix) Method 1110A, dated November 2004 and
in Update IIIB, IBR approved for § 261.22 and Section 261, appendix
IX.
(xx) Method 1310B, dated
November 2004 and in Update IIIB, IBR approved for Section 261, appendix
IX.
(xxi) Method 9010C, dated
November 2004 and in Update IIIB, IBR approved for Section 261, appendix IX and
§§ 268.40, 268.44, 268.48.
(xxii) Method 9012B, dated November 2004 and
in Update IIIB, IBR approved for Section 261, appendix IX and §§
268.40, 268.44, 268.48.
(xxiii)
Method 9040C, dated November 2004 and in Update IIIB, IBR approved for Section
261, appendix IX and § 261.22.
(xxiv) Method 9045D, dated November 2004 and
in Update IIIB, IBR approved for Section 261, appendix IX.
(xxv) Method 9060A, dated November 2004 and
in Update IIIB, IBR approved for Section 261, appendix IX, and §§
264.1034, 264.1063, 265.1034, 265.1063.
(xxvi) Method 9070A, dated November 2004 and
in Update IIIB, IBR approved for Section 261, appendix IX.
(xxvii) Method 9095B, dated November 2004 and
in Update IIIB, IBR approved, Section 261, appendix IX, and §§
264.190, 264.314, 265.190, 265.314, 265.1081, 267.190(a), 268.32.
(d) The following
materials are available for purchase from the National Fire Protection
Association, 1 Batterymarch Park, P.O. Box 9101, Quincy, MA 02269-9101.
(1) ''Flammable and Combustible Liquids
Code'' (NFPA 30), 1977 or 1981, IBR approved for §§ 262.16(b),
264.198(b), 265.198(b), 267.202(b).
(2) [Reserved]
(e) The following materials are available for
purchase from the American Petroleum Institute, 1220 L Street, Northwest,
Washington, DC 20005.
(1) API Publication
2517, Third Edition, February 1989, ''Evaporative Loss from External
Floating-Roof Tanks,'' IBR approved for § 265.1084.
(2) [Reserved]
(f) The following materials are available for
purchase from the Environmental Protection Agency, Research Triangle Park, NC.
(1) ''Screening Procedures for Estimating the
Air Quality Impact of Stationary Sources, Revised'', October 1992, EPA
Publication No. EPA-450/R-92-019, IBR approved for Section 266, appendix
IX.
(2) [Reserved]
(g) The following materials are
available for purchase from the Organization for Economic Cooperation and
Development, Environment Directorate, 2 rue Andre Pascal, F-75775 Paris Cedex
16, France.
(1) Guidance Manual for the
Control of Transboundary Movements of Recoverable Wastes, copyright 2009, Annex
B: OECD Consolidated List of Wastes Subject to the Green Control Procedure and
Annex C: OECD Consolidated List of Wastes Subject to the Amber Control
Procedure, IBR approved for §§ 262.82(a), 262.83(b),(d), and (g), and
262.84(b) and (d) of this rule.
(2)
[Reserved]
Subsection C
-- Rulemaking
Petitions
§ 260.20
General
(a) Any person may
petition the Commission to modify or revoke any provision in this rule. This
section sets forth general requirements which apply to all such petitions.
Section 260.21 sets forth additional requirements for petitions to add a
testing or analytical method to Sections 261, 264 or 265. Section 260.22 sets
forth additional requirements for petitions to exclude a waste or waste-derived
material at a particular facility from § 261.3 of this rule or the lists
of hazardous wastes in Subsection D of Section 261. Section 260.23 sets forth
additional requirements for petitions to amend Section 273 of this rule to
include additional hazardous wastes or categories of hazardous waste as
universal waste.
(b) Each petition
must be formatted as a pleading to the Commission and must
include:
(1) The petitioner's name and
address;
(2) A statement of the
petitioner's interest in the proposed action;
(3) A detailed description
of the proposed action, including a marked-up copy of the rule, or
portion thereof, indicating all changes proposed in the petition;
and
(4) A statement of the
need and justification for the proposed action, including any supporting tests,
studies, or other information.
(c)
Within sixty (60) days of the
date of the petition's submittal, the Commission shall either initiate
rulemaking procedures or deny the petition. (A decision to initiate rulemaking
procedures does not constitute an endorsement of the proposed change to
existing rules.) If the Commission denies the petition, the reasons therefor
shall be stated in writing to the petitioner. This denial shall constitute
final Commission action for the purpose of appeal.
(d)
If the Commission initiates
rulemaking procedures in response to a third-party petition, or upon the
written request of any interested person, the Commission shall cause notice of
the proposed rule to be given as provided by APC&EC Rule No. 8, §
8.801 thru 8.803, and shall hold a public hearing as required by Rule No. 8,
§ 8.804 thru 8.806.
(e)
The Commission shall direct the
proponent of a third-party rule to compile or produce portions of the
rulemaking record required by Rule No. 8, § 8.814. In all cases the
proponent of a third-party rule shall prepare a proposed Statement of Basis and
Purpose and Responsive Summary required by Rule No. 8, § 8.815 for the
Commission's review prior to its final rulemaking decision.
(f)
(1)
Prior to the close of the public comment period, the Division shall
state its position on any proposed third-party proposal to change regulations
in writing for the record.
(2)
The Division shall prepare its
own proposed Statement of Basis and Purpose and Responsive Summary at the close
of the public comment period pursuant to the guidelines of Rule No. 8, §
8.815.
(3)
Upon
consideration of the petitioner's and the Division's positions and proposed
Statements of Basis and Purpose and Responsive Summaries, the Commission may
issue its final ruling, or order whatever rulemaking proceedings it deems
appropriate, giving due regard to the right of the public to fair notice as
provided by this regulation and Rule No. 8.
§ 260.21
Petitions for
equivalent testing or analytical methods
(a) Any person seeking to add a testing or
analytical method to Section 261, 264, or 265 of this rule may petition for a
regulatory amendment under this section and § 260.20. To be successful,
the person must demonstrate to the satisfaction of the Commission that the
proposed method is equal to or superior to the corresponding method prescribed
in section 261, 264, or 265 of this regulation, in terms of its sensitivity,
accuracy, and precision (i.e., reproducibility).
(b) Each petition must include, in addition
to the information required by § 260.20(b):
(1) A full description of the proposed
method, including all procedural steps and equipment used in the
method;
(2) A description of the
types of wastes or waste matrices for which the proposed method may be
used;
(3) Comparative results
obtained from using the proposed method with those obtained from using the
relevant or corresponding methods prescribed in Sections 261, 264, or 265 of
this rule;
(4) An assessment of any
factors which may interfere with, or limit the use of, the proposed method;
and
(5) A description of the
quality control procedures necessary to ensure the sensitivity, accuracy and
precision of the proposed method.
(c) After receiving a petition for an
equivalent method, the Commission may request any additional information on the
proposed method which it may reasonably require to evaluate the
method.
(d) If the EPA
Administrator amends the regulations to permit use of a new testing method, the
method will be incorporated by reference in
40 CFR
260.11 and added to ''Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-846,
U.S. Environmental Protection Agency, Office of Solid Waste, Washington, DC
20460.
§ 260.22
Petitions to amend Section 261 to exclude a waste produced at a
particular facility1
(a) Any person seeking to exclude a waste at
a particular generating facility from the lists in Subsection D of Section 261
of this rule may petition for a regulatory amendment under this section and
40
CFR 260.22. To be successful:
________________
1.
Editorial Notes:
1)
For information on the availability of a guidance manual for petitions to
delist hazardous wastes, see 50 FR 21607, May 28, 1985.
2)
Delisting petitions approved by
the Commission under the procedures in § 260.22 above are effective only
within the borders of Arkansas. For delisting with Federal authorities, refer
to
40
CFR 260.22.
3)
Delisting petitions approved by
the EPA Administrator under this section and
40
CFR 260.22 are effective in the State of
Arkansas only after the final rule has been published in the Federal Register
and the rule has been approved and adopted by the Commission in this Rule No.
23.
(1)
The petitioner must
first demonstrate to the satisfaction of the EPA Administrator, pursuant to the
procedures at
40
CFR 260.22, that the waste produced by a
particular generating facility does not meet any of the criteria under which
the waste was listed as a hazardous or an acutely hazardous waste, and a final
delisting decision must have been promulgated by EPA in the Federal
Register;
(2) The
petitioner must demonstrate to the satisfaction of the Commission that the
waste produced by a particular generating facility does not meet any of the
criteria under which the waste was listed as a hazardous or an acutely
hazardous waste; and
(3) Based on a
complete application, the Commission must determine, where there is a
reasonable basis to believe that factors (including additional constituents)
other than those for which the waste was listed could cause the waste to be a
hazardous waste, that such factors do not warrant retaining the waste as a
hazardous waste. A waste which is so excluded, however, still may be a
hazardous waste by operation of subsection C of Section
261.
(b) The procedures in this Section and §
260.20 may also be used to petition the Commission for a regulatory amendment
to exclude from § 261.3(a)(2)(ii) or (c), a waste which is described in
these Sections and is either a waste listed in Subsection D, or is derived from
a waste listed in Subsection D. This exclusion may only be issued for a
particular generating, storage, treatment, or disposal facility. The petitioner
must make the same demonstration as required by paragraph (a) of this section.
Where the waste is a mixture of solid waste and one or more listed hazardous
wastes or is derived from one or more hazardous wastes, his demonstration must
be made with respect to the waste mixture as a whole; analyses must be
conducted for not only those constituents for which the listed waste contained
in the mixture was listed as hazardous, but also for factors (including
additional constituents) that could cause the waste mixture to be a hazardous
waste. A waste which is so excluded may still be a hazardous waste by operation
of subsection C of Section 261.
(c)
If the waste is listed with codes "I", "C", "R", or "E", in subsection D,
(1) The petitioner must show that the waste
does not exhibit the relevant characteristic for which the waste was listed as
defined in § 261.21, § 261.22, § 261.23, or § 261.24 using
any applicable methods prescribed therein. The petitioner also must show that
the waste does not exhibit any of the other characteristics defined in §
261.21, § 261.22, § 261.23, or § 261.24 using any applicable
methods prescribed therein;
(2)
Based on a complete application, the Commission must determine, where it has a
reasonable basis to believe that factors (including additional constituents)
other than those for which the waste was listed could cause the waste to be
hazardous waste, that such factors do not warrant retaining the waste as a
hazardous waste. A waste which is so excluded, however, still may be a
hazardous waste by operation of Subsection C of Section 261.
(d) If the waste is listed with
code "T" in Subsection D,
(1) The petitioner
must demonstrate that the waste:
(i) Does not
contain the constituent or constituents (as defined in Appendix VII of Section
261 of this rule) that caused the Commission to list the waste; or
(ii) Although containing one or more of the
hazardous constituents (as defined in Appendix VII of Section 261) that caused
the EPA or the Commission to list the waste, does not meet the criterion of
§ 261.11(a)(3) when considering the factors used by the Commission in
§ 261.11(a)(3) (i) through (xi) under which the waste was listed as
hazardous; and
(2) Based
on a complete application, the Commission must determine, where it has a
reasonable basis to believe that factors (including additional constituents)
other than those for which the waste was listed could cause the waste to be a
hazardous waste, that such factors do not warrant retaining the waste as a
hazardous waste; and
(3) The
petitioner must demonstrate that the waste does not exhibit any of the
characteristics defined in § 261.21, § 261.22, § 261.23, and
§ 261.24 of this rule using any applicable methods prescribed
therein;
(4) A waste which is so
excluded, however, still may be a hazardous waste by operation of Subsection C
of Section 261.
(e) If
the waste is listed with the code "H" in Subsection D,
(1) The petitioner must demonstrate that the
waste does not meet the criterion of § 261.11(a)(2); and
(2) Based on a complete application, the
Commission must determine, where it has a reasonable basis to believe that
additional factors (including additional constituents) other than those for
which the waste was listed could cause the waste to be a hazardous waste, that
such factors do not warrant retaining the waste as a hazardous waste;
and
(3) The petitioner must
demonstrate that the waste does not exhibit any of the characteristics defined
in § 261.21, § 261.22, § 261.23, and § 261.24 using any
applicable methods prescribed therein;
(4) A waste which is so excluded, however,
still may be a hazardous waste by operation of subsection C of Section
261.
(f) [Reserved for
listing radioactive wastes.]
(g)
[Reserved for listed infectious wastes.]
(h) Demonstration samples must consist of
enough representative samples, but in no case less than four samples, taken
over a period of time sufficient to represent the variability or the uniformity
of the waste.
(i) Each petition
must include, in addition to the information required by § 260.20(b):
(1) The name and address of the laboratory
facility performing the sampling or tests of the waste;
(2) The names and qualifications of the
persons sampling and testing the waste;
(3) The dates of sampling and
testing;
(4) The location of the
generating facility;
(5) A
description of the manufacturing processes or other operations and feed
materials producing the waste and an assessment of whether such processes,
operations, or feed materials can or might produce a waste that is not covered
by the demonstration;
(6) A
description of the waste and an estimate of the average and maximum monthly and
annual quantities of waste covered by the demonstration;
(7) Pertinent data on and discussion of the
factors delineated in the respective criterion for listing a hazardous waste,
where the demonstration is based on the factors in §
261.11(a)(3);
(8) A description of
the methodologies and equipment used to obtain the representative
samples;
(9) A description of the
sample handling and preparation techniques, including techniques used for
extraction, containerization and preservation of the samples;
(10) A description of the tests performed
(including results);
(11) The names
and model numbers of the instruments used in performing the tests;
and
(12) The following statement
signed by the generator of the waste or his authorized representative:
"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this demonstration and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment."
(j) After receiving a petition for an
exclusion, the Commission may request any additional information which it may
reasonably require to evaluate the petition.
(k) An exclusion will only apply to the waste
generated at the individual facility covered by the demonstration and will not
apply to waste from any other facility.
(l) The Commission may exclude only part of
the waste for which the demonstration is submitted where it has reason to
believe that variability of the waste justifies a partial exclusion.
§ 260.23
Petitions to
amend Section 273 to include additional hazardous wastes
(a) Any person seeking to add a hazardous
waste or a category of hazardous waste to the universal waste rules of Section
273 of this rule may petition for a regulatory amendment under this section,
§ 260.20, and subsection G of § 273.
(b) To be successful, the petitioner must
demonstrate to the satisfaction of the Commission that rule under the universal
waste rules of Section 273: is appropriate for the waste or category of waste;
will improve management practices for the waste or category of waste; and will
improve implementation of the hazardous waste program. The petition must
include the information required by § 260.20(b). The petition should also
address as many of the factors listed in § 273.81 as are appropriate for
the waste or category of waste addressed in the petition.
(c) The Commission will grant or deny a
petition using the factors listed in § 273.81 and Rule No. 8. The decision
will be based on the weight of evidence showing that regulation under §
273 is appropriate for the waste or category of waste, will improve management
practices for the waste or category of waste, and will improve implementation
of the hazardous waste program.
(d)
The Commission may request additional information needed to evaluate the merits
of the petition.
§
260.30
Non-waste determinations and variances from
classification as a solid waste
In accordance with the standards and criteria in § 260.31 and § 260.34 and the procedures in § 260.33, the Director may determine on a case-by-case basis that the following recycled materials are not solid wastes:
(a) Materials that are
accumulated speculatively without sufficient amounts being recycled (as defined
in § 261.1(c)(8) of this rule);
(b) Materials that are reclaimed and then
reused within the original production process in which they were generated;
(c) Materials that have been
reclaimed but must be reclaimed further before the materials are completely
recovered.
(d) Hazardous secondary
materials that are reclaimed in a continuous industrial process; and
(e) Hazardous secondary materials that are
indistinguishable in all relevant aspects from a product or intermediate.
§ 260.31
Standards and criteria for variances from classification as a solid
waste
(a) The Director may grant
requests for a variance from classifying as a solid waste those materials that
are accumulated speculatively without sufficient amounts being recycled if the
applicant demonstrates that sufficient amounts of the material will be recycled
or transferred for recycling in the following year. If a variance is granted,
it is valid only for the following year, but can be renewed, on an annual
basis, by filing a new application. The Director's decision will be based on
the following criteria:
(1) The manner in
which the material is expected to be recycled, when the material is expected to
be recycled, and whether this expected disposition is likely to occur (for
example, because of past practice, market factors, the nature of the material,
or contractual arrangements for recycling);
(2) The reason that the applicant has
accumulated the material for one or more years without recycling 75 percent of
the volume accumulated at the beginning of the year;
(3) The quantity of material already
accumulated and the quantity expected to be generated and accumulated before
the material is recycled;
(4) The
extent to which the material is handled to minimize loss;
(5) Other relevant factors.
(b) The Director may grant
requests for a variance from classifying as a solid waste those materials that
are reclaimed and then reused as feedstock within the original production
process in which the materials were generated if the reclamation operation is
an essential part of the production process. This determination will be based
on the following criteria:
(1) How
economically viable the production process would be if it were to use virgin
materials, rather than reclaimed materials;
(2) The extent to which the material is
handled before reclamation to minimize loss;
(3) The time periods between generating the
material and its reclamation, and between reclamation and return to the
original primary production process;
(4) The location of the reclamation operation
in relation to the production process;
(5) Whether the reclaimed material is used
for the purpose for which it was originally produced when it is returned to the
original process, and whether it is returned to the process in substantially
its original form;
(6) Whether the
person who generates the material also reclaims it;
(7) Other relevant factors.
(c) The Director may grant
requests for a variance from classifying as a solid waste those hazardous
secondary materials that have been partially reclaimed, but must be reclaimed
further before recovery is completed, if the partial reclamation has produced a
commodity-like material. A determination that a partially reclaimed material
for which the variance is sought is commoditylike will be based on whether the
hazardous secondary material is legitimately recycled as specified in §
260.43 of this section and on whether all of the following decision criteria
are satisfied:
(1) Whether the degree of
partial reclamation the material has undergone is substantial as demonstrated
by using a partial reclamation process other than the process that generated
the hazardous waste;
(2) Whether
the partially-reclaimed material has sufficient economic value that it will be
purchased for further reclamation;
(3) Whether the partially-reclaimed material
is a viable substitute for a product or intermediate produced from virgin or
raw materials which is used in subsequent production steps;
(4) Whether there is a market for the
partially-reclaimed material as demonstrated by known customer(s) who are
further reclaiming the material (e.g., records of sales and/or contracts and
evidence of subsequent use, such as bills of lading);
(5) Whether the partially-reclaimed material
is handled to minimize loss.
(d) The Director may grant requests for a
variance from classifying as a solid waste those hazardous secondary materials
that are transferred for reclamation under § 261.4 (a)(24) and are managed
at a verified reclamation facility or intermediate facility where the
management of the hazardous secondary materials is not addressed under a RCRA
Part B permit or interim status standards. The Director's decision will be
based on the following criteria:
(1) The
reclamation facility of intermediate facility must demonstrate that the
reclamation process for the hazardous secondary materials is legitimate
pursuant to § 260.43;
(2) The
reclamation facility of intermediate facility must satisfy the financial
assurance condition in § 261.4 (a)(24)(vi)(F);
(3) The reclamation facility or intermediate
facility must not be subject to a formal enforcement action in the previous
three years and not be classified as a significant non-complier under RCRA
Subtitle C, or must provide credible evidence that the facility will manage the
hazardous secondary materials properly. Credible evidence may include a
demonstration that the facility has taken remedial steps to address the
violations and prevent future violations, or that the violations are not
relevant to the proper management of the hazardous secondary
materials;
(4) The intermediate or
reclamation facility must have the equipment and trained personnel needed to
safely manage the hazardous secondary material and must meet emergency
preparedness and response requirements under APC&EC Rule No. 23 Section 261
Subsection M;
(5) If residuals are
generated from the reclamation of the excluded hazardous secondary materials,
the reclamation facility must have the permits required (if any) to manage the
residuals, have a contract with an appropriately permitted facility to dispose
of the residuals or present credible evidence that the residuals will be
managed in a manner that is protective of human health and the environment,
and
(6) The intermediate or
reclamation facility must address the potential for risk to proximate
populations from unpermitted releases of the hazardous secondary material to
the environment (i.e., releases that are not covered by a permit, such as a
permit to discharge to water or air), which may include, but are not limited
to, potential releases through surface transport by precipitation runoff,
releases to soil and groundwater, wind-blown dust, fugitive air emissions, and
catastrophic unit failures), and must include consideration of potential
cumulative risks from other nearby potential stressors.
§ 260.32
Variance to be
classified as a boiler
In accordance with the standards and criteria in § 260.10 (definition of "boiler"), and the procedures in § 260.33, the Director may determine on a case-by-case basis that certain enclosed devices using controlled flame combustion are boilers, even though they do not otherwise meet the definition of boiler contained in § 260.10, after considering the following criteria:
(a) The extent to
which the unit has provisions for recovering and exporting thermal energy in
the form of steam, heated fluids, or heated gases; and
(b) The extent to which the combustion
chamber and energy recovery equipment are of integral design; and
(c) The efficiency of energy recovery,
calculated in terms of the recovered energy compared with the thermal value of
the fuel; and
(d) The extent to
which exported energy is utilized; and
(e) The extent to which the device is in
common and customary use as a "boiler" functioning primarily to produce steam,
heated fluids, or heated gases; and
(f) Other factors, as appropriate.
§ 260.33
Procedures for variances from classification as a solid waste, for
variances to be classified as a boiler, or for non-waste determinations
The Director will use the following procedures in evaluating applications for variances from classification as a solid waste, applications to classify particular enclosed controlled flame combustion devices as boilers, or applications for non-waste determinations.
(a) The applicant must apply to the Director
for the variance or non-waste determination. The application must address the
relevant criteria contained in § 260.31, § 260.32 or § 260.34 as
applicable.
(b) The Director will
evaluate the application and issue a draft notice tentatively granting or
denying the application. Notification of this tentative decision will be
provided by newspaper advertisement and radio broadcast in the locality where
the recycler is located. The Director will accept comment on the tentative
decision for 30 days, and may also hold a public hearing upon request or at its
discretion. The Director will issue a final decision after receipt of comments
and after the hearing (if any).
(c)
In the event of a change in circumstances that affect how a hazardous secondary
material meets the relevant criteria contained in § 260.31, § 260.32,
or § 260.34 upon which a variance or non-waste determination has been
based, the applicant must send a description of the change in circumstances to
the Director. The Director may issue a determination that the hazardous
secondary material continues to meet the relevant criteria of the variance or
non-waste determination or may require the facility to re-apply for the
variance or non-waste determination.
(d) Variances and non-waste determinations
shall be effective for a fixed term not to exceed ten years. No later than six
months prior to the end of this term, facilities must re-apply for a variance
or non-waste determination. If a facility reapplies for a variance or non-waste
determination within six months, the facility may continue to operate under an
expired variance or non-waste determination until receiving a decision on their
re-application from the Director.
(e) Facilities receiving a variance or
non-waste determination must provide notification as required by § 260.42
of this rule.
§
260.34
Standards and criteria for non-waste
determinations
(a) An applicant may
apply to the Director for a formal determination that a hazardous secondary
material is not discarded and therefore not a solid waste. The determinations
will be based on the criteria contained in paragraphs (b) or (c) of this
section, as applicable. If an application is denied, the hazardous secondary
material might still be eligible for a solid waste variance or exclusion (for
example, one of the solid waste variances under § 260.31). Determinations
may also be granted by the State if the State is either authorized for this
provision or if the following conditions are met:
(1) The State determines the hazardous
secondary material meets the criteria in paragraphs (b) or (c) of this section,
as applicable;
(2) The State
requests that EPA review its determination; and
(3) EPA approves the State
determination.
(b) The
Director may grant a non-waste determination for hazardous secondary material
which is reclaimed in a continuous industrial process if the applicant
demonstrates that the hazardous secondary material is a part of the production
process and is not discarded. The determination will be based on whether the
hazardous secondary material is legitimately recycled as specified in §
260.43 and on the following criteria:
(1) The
extent that the management of the hazardous secondary material is part of the
continuous primary production process and is not waste treatment;
(2) Whether the capacity of the production
process would use the hazardous secondary material in a reasonable time frame
and ensure that the hazardous secondary material will not be abandoned (for
example, based on past practices, market factors, the nature of the hazardous
secondary material, or any contractual arrangements);
(3) Whether the hazardous constituents in the
hazardous secondary material are reclaimed rather than released to the air,
water or land at significantly higher levels from either a statistical or from
a health and environmental risk perspective than would otherwise be released by
the production process; and
(4)
Other relevant factors that demonstrate the hazardous secondary material is not
discarded, including why the hazardous secondary material cannot meet, or
should not have to meet, the conditions of an exclusion under § 261.2 or
§ 261.4 of this rule.
(c) The Director may grant a non-waste
determination for hazardous secondary material which is indistinguishable in
all relevant aspects from a product or intermediate if the applicant
demonstrates that the hazardous secondary material is comparable to a product
or intermediate and is not discarded. The determination will be based on
whether the hazardous secondary material is legitimately recycled as specified
in § 260.43 and on the following criteria:
(1) Whether market participants treat the
hazardous secondary material as a product or intermediate rather than a waste
(for example, based on the current positive value of the hazardous secondary
material, stability of demand, or any contractual arrangements);
(2) Whether the chemical and physical
identity of the hazardous secondary material is comparable to commercial
products or intermediates;
(3)
Whether the capacity of the market would use the hazardous secondary material
in a reasonable time frame and ensure that the hazardous secondary material
will not be abandoned (for example, based on past practices, market factors,
the nature of the hazardous secondary material, or any contractual
arrangements);
(4) Whether the
hazardous constituents in the hazardous secondary material are reclaimed rather
than released to the air, water or land at significantly higher levels from
either a statistical or from a health and environmental risk perspective than
would otherwise be released by the production process; and
(5) Other relevant factors that demonstrate
the hazardous secondary material is not discarded, including why the hazardous
secondary material cannot meet, or should not have to meet, the conditions of
an exclusion under § 261.2 or § 261.4 of this rule.
§ 260.40
Additional regulation of certain hazardous waste recycling activities on
a case-by-case basis
(a) The Director
may decide on a case-by-case basis that persons accumulating or storing the
recyclable materials described in § 261.6(a)(2)(iii) of this rule should
be regulated under § 261.6 (b) and
(c) of this rule. The basis for this decision
is that the materials are being accumulated or stored in a manner that does not
protect human health and the environment because the materials or their toxic
constituents have not been adequately contained, or because the materials being
accumulated or stored together are incompatible. In making this decision, the
Director will consider the following factors:
(1) The types of materials accumulated or
stored and the amounts accumulated or stored;
(2) The method of accumulation or
storage;
(3) The length of time the
materials have been accumulated or stored before being reclaimed;
(4) Whether any contaminants are being
released into the environment, or are likely to be so released; and
(5) Other relevant factors. The procedures
for this decision are set forth in § 260.41 of this rule.
§ 260.41
Procedures for case-by-case regulation of hazardous waste recycling
activities
The Director will use the following procedures when determining whether to regulate hazardous waste recycling activities described in § 261.6(a)(2)(iii) under the provisions of § 261.6 (b) and (c), rather than under the provisions of Subsection F of Section 266 of this rule.
(a) If a generator is accumulating the waste,
the Director will issue a notice setting forth the factual basis for the
decision and stating that the person must comply with the applicable
requirements of subsections A, C, D, and E of Section 262 of this rule. The
notice will become final within 30 days, unless the person served requests a
public hearing to challenge the decision. Upon receiving such a request, the
Director will hold a public hearing. The Director will provide notice of the
hearing to the public and allow public participation at the hearing. The
Director will issue a final order after the hearing stating whether or not
compliance with Section 262 is required. The order becomes effective 30 days
after service of the decision unless the Director specifies a later date or
unless review by the Director is requested. The order may be appealed to the
Director by any person who participated in the public hearing. The Director may
choose to grant or to deny the appeal. Final Division action occurs when a
final order is issued and Division review procedures are exhausted.
(b) If the person is accumulating the
recyclable material as a storage facility, the notice will state that the
person must obtain a permit in accordance with all applicable provisions of
Section 270 of this rule, APC&EC Rule No. 8, and 40 CFR 124. The owner or
operator of the facility must apply for a permit within no less than 60 days
and no more than six months of notice, as specified in the notice. If the owner
or operator of the facility wishes to challenge the Director's decision, he may
do so in his permit application, in a public hearing held on the draft permit,
or in comments filed on the draft permit or on the notice of intent to deny the
permit. The fact sheet accompanying the permit will specify the reasons for the
Division's determination. The question of whether the Director's decision was
proper will remain open for consideration during the public comment period
discussed under
40 CFR
124.11 and in any subsequent hearing.
§ 260.42
Notification requirement for hazardous secondary materials.
(a) Facilities managing hazardous secondary
materials under § 260.30, § 261.4 (a)(23), § 261.4 (a)(24),
§ 261.4 (a)(25), or § 261.4(a)(27) must send a notification prior to
operating under the regulatory provision and by March 1 of each year thereafter
to the Director using EPA Form 8700-12 that includes the following information:
(1) The name, address, and EPA ID number (if
applicable) of the facility;
(2)
The name and telephone number of a contact person;
(3) The NAICS code of the facility;
(4) The rule under which the hazardous
secondary materials will be managed;
(5) For reclaimers and intermediate
facilities managing hazardous secondary materials in accordance with
§261.4(a)(24) or (25), whether the reclaimer or intermediate facility has
financial assurance (not applicable for persons managing hazardous secondary
materials generated and reclaimed under the control of the
generator);
(6) When the facility
began or expects to begin managing the hazardous secondary materials in
accordance with the rule;
(7) A
list of hazardous secondary materials that will be managed according to the
regulation (reported as the EPA hazardous waste numbers that would apply if the
hazardous secondary materials were managed as hazardous wastes);
(8) For each hazardous secondary material,
whether the hazardous secondary material, or any portion thereof, will be
managed in a land-based unit;
(9)
The quantity of each hazardous secondary material to be managed annually;
and
(10) The certification
(included in EPA Form 8700-12) signed and dated by an authorized representative
of the facility.
(b) If a
facility managing hazardous secondary materials has submitted a notification,
but then subsequently stops managing hazardous secondary materials in
accordance with the rule (s) listed above, the facility must notify the
Director within thirty (30) days using EPA Form 8700-12. For purposes of this
section, a facility has stopped managing hazardous secondary materials if the
facility no longer generates, manages and/or reclaims hazardous secondary
materials under the rule(s) above and does not expect to manage any amount of
hazardous secondary materials for at least 1 year.
§ 260.43
Legitimate recycling of
hazardous secondary materials
(a)
Recycling of hazardous secondary materials for the purpose of the exclusions or
exemptions from the hazardous waste rules must be legitimate. Hazardous
secondary material that is not legitimately recycled is discarded material and
is a solid waste. In determining if their recycling is legitimate, persons must
address all the requirements of this paragraph and must consider the
requirements of paragraph (b) of this section.
(1) Legitimate recycling must involve a
hazardous secondary material that provides a useful contribution to the
recycling process or to a product or intermediate of the recycling process. The
hazardous secondary material provides a useful contribution if it:
(i) Contributes valuable ingredients to a
product or intermediate; or
(ii)
Replaces a catalyst or carrier in the recycling process; or
(iii) Is the source of a valuable constituent
recovered in the recycling process; or
(iv) Is recovered or regenerated by the
recycling process; or
(v) Is used
as an effective substitute for a commercial product.
(2) The recycling process must produce a
valuable product or intermediate. The product or intermediate is valuable if it
is:
(i) Sold to a third party; or
(ii) Used by the recycler or the generator as
an effective substitute for a commercial product or as an ingredient or
intermediate in an industrial process.
(3) The generator and the recycler must
manage the hazardous secondary material as a valuable commodity when it is
under their control. Where there is an analogous raw material, the hazardous
secondary material must be managed, at a minimum, in a manner consistent with
the management of the raw material or in an equally protective manner. Where
there is no analogous raw material, the hazardous secondary material must be
contained. Hazardous secondary materials that are released to the environment
and are not recovered immediately are discarded.
(4) The product of the recycling process must
be comparable to a legitimate product or intermediate:
(i) Where there is an analogous product or
intermediate, the product of the recycling process is comparable to a
legitimate product or intermediate if:
(A) The
product of the recycling process does not exhibit a hazardous characteristic
(as defined in Section 261 Subsection C) that analogous products do not
exhibit, and
(B) The concentrations
of any hazardous constituents found in appendix VIII of Section 261 of this
rule that are in the product or intermediate are at levels that are comparable
to or lower than those found in analogous products or at levels that meet
widely-recognized commodity standards and specifications, in the case where the
commodity standards and specifications include levels that specifically address
those hazardous constituents.
(ii) Where there is no analogous product, the
product of the recycling process is comparable to a legitimate product or
intermediate if:
(A) The product of the
recycling process is a commodity that meets widely recognized commodity
standards and specifications (e.g., commodity specification grades for common
metals), or
(B) The hazardous
secondary materials being recycled are returned to the original process or
processes from which they were generated to be reused (e.g., closed loop
recycling).
(iii) If the
product of the recycling process has levels of hazardous constituents that are
not comparable to or unable to be compared to a legitimate product or
intermediate per paragraph (a)(4)(i) or (ii) of this section, the recycling
still may be shown to be legitimate, if it meets the following specified
requirements. The person performing the recycling must conduct the necessary
assessment and prepare documentation showing why the recycling is, in fact,
still legitimate. The recycling can be shown to be legitimate based on lack of
exposure from toxics in the product, lack of the bioavailability of the toxics
in the product, or other relevant considerations which show that the recycled
product does not contain levels of hazardous constituents that pose a
significant human health or environmental risk. The documentation must include
a certification statement that the recycling is legitimate and must be
maintained on-site for three years after the recycling operation has ceased.
The person performing the recycling must notify the Director of this activity
using EPA Form 8700-12.
(b) The following factor must be considered
in making a determination as to the overall legitimacy of a specific recycling
activity.
(1) The product of the recycling
process does not:
(i) Contain significant
concentrations of any hazardous constituents found in appendix VIII of section
261 that are not found in analogous products; or
(ii) Contain concentrations of hazardous
constituents found in appendix VIII of section 261 at levels that are
significantly elevated from those found in analogous products, or
(iii) Exhibit a hazardous characteristic (as
defined in section 261 subsection C) that analogous products do not
exhibit.
(2) In making a
determination that a hazardous secondary material is legitimately recycled,
persons must evaluate all factors and consider legitimacy as a whole. If, after
careful evaluation of these considerations, the factor in this paragraph is not
met, then this fact may be an indication that the material is not legitimately
recycled. However, the factor in this paragraph does not have to be met for the
recycling to be considered legitimate. In evaluating the extent to which this
factor is met and in determining whether a process that does not meet this
factor is still legitimate, persons can consider exposure from toxics in the
product, the bioavailability of the toxics in the product and other relevant
considerations. (c) [Reserved]
Section 261.
- IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
Subsection A
-- General
§ 261.1
Purpose and scope
(a) Subsection A defines the terms "solid
waste" and "hazardous waste", identifies those wastes which are excluded from
regulation under Sections 262 through 265, 268, and Section 270 of this rule
and establishes special management requirements for hazardous waste produced by
very small quantity generators and hazardous waste which is recycled.
(1) Subsection A defines the terms "solid
waste" and "hazardous waste", identifies those wastes which are excluded from
regulation under Sections 262 through 266, 268 and 270 and establishes special
management requirements for hazardous waste produced by conditionally exempt
small quantity generators and hazardous waste which is recycled.
(2) Subsection B sets forth the criteria used
by EPA to identify characteristics of hazardous waste and to list particular
hazardous wastes.
(3) Subsection C
identifies characteristics of hazardous waste.
(4) Subsection D lists particular hazardous
wastes.
(b)
(1) The definition of solid waste contained
in this section applies only to wastes that also are hazardous for purposes of
the rules implementing subtitle C of RCRA. For example, it does not apply to
materials (such as non-hazardous scrap, paper, textiles, or rubber) that are
not otherwise hazardous wastes and that are recycled.
(2) This section identifies only some of the
materials which are solid wastes and hazardous wastes under Sections 3007,
3013, and 7003 of RCRA. A material which is not defined as a solid waste in
this section, or is not a hazardous waste identified or listed in this section,
is still a solid waste and a hazardous waste for purposes of these sections if:
(i) In the case of RCRA sections 3007 and
3013, EPA or the Division has reason to believe that the material may be a
solid waste within the meaning of section 1004(27) of RCRA and a hazardous
waste within the meaning of section 1004(5) of RCRA; or
(ii) In the case of section 7003, the
statutory elements are established.
(c) For the purposes of §§ 261.2
and 261.6:
(1) A "spent material" is any
material that has been used and as a result of contamination can no longer
serve the purpose for which it was produced without processing;
(2) "Sludge" has the same meaning used in
§ 260.10 of this rule;
(3) A
"by-product" is a material that is not one of the primary products of a
production process and is not solely or separately produced by the production
process. Examples are process residues such as slags or distillation column
bottoms. The term does not include a co-product that is produced for the
general public's use and is ordinarily used in the form it is produced by the
process.
(4) A material is
"reclaimed" if it is processed to recover a usable product, or if it is
regenerated. Examples are recovery of lead values from spent batteries and
regeneration of spent solvents. In addition, for purposes of §
261.4(a)(23) and (24), smelting, melting, and refining furnaces are considered
to be solely engaged in metals reclamation if the metal recovery from the
hazardous secondary materials meets the same requirements as those specified
for metals recovery from hazardous waste found in § 266.100(d)(1) through
(3) of this rule, and if the residuals meet the requirements specified in
§ 266.112 of this rule.
(5) A
material is "used or reused" if it is either:
(i) Employed as an ingredient (including use
as an intermediate) in an industrial process to make a product (for example,
distillation bottoms from one process used as feedstock in another process).
However, a material will not satisfy this condition if distinct components of
the material are recovered as separate end products (as when metals are
recovered from metal-containing secondary materials); or
(ii) Employed in a particular function or
application as an effective substitute for a commercial product (for example,
spent pickle liquor used as phosphorous precipitant and sludge conditioner in
wastewater treatment).
(6) "Scrap metal" is bits and pieces of metal
parts (e.g.,) bars, turnings, rods, sheets, wire) or metal pieces that may be
combined together with bolts or soldering (e.g., radiators, scrap automobiles,
railroad box cars), which when worn or superfluous can be recycled.
(7) A material is "recycled" if it is used,
reused, or reclaimed.
(8) A
material is "accumulated speculatively" if it is accumulated before being
recycled. A material is not accumulated speculatively, however, if the person
accumulating it can show that the material is potentially recyclable and has a
feasible means of being recycled; and that -- during the calendar year
(commencing on January 1) -- the amount of material that is recycled, or
transferred to a different site for recycling, equals at least 75 percent by
weight or volume of the amount of that material accumulated at the beginning of
the period. Materials must be placed in a storage unit with a label indicating
the first date that the material began to be accumulated. If placing a label on
the storage unit is not practicable, the accumulation period must be documented
through an inventory log or other appropriate method. In calculating the
percentage of turnover, the 75 percent requirement is to be applied to each
material of the same type (e.g., slags from a single smelting process) that is
recycled in the same way (i.e., from which the same material is recovered or
that is used in the same way). Materials accumulating in units that would be
exempt from rule under § 261.4(c) are not to be included in making the
calculation. (Materials that are already defined as solid wastes also are not
to be included in making the calculation.) Materials are no longer in this
category once they are removed from accumulation for recycling,
however.
(9) "Excluded scrap metal"
is processed scrap metal, unprocessed home scrap metal, and unprocessed prompt
scrap metal.
(10) "Processed scrap
metal" is scrap metal which has been manually or physically altered to either
separate it into distinct materials to enhance economic value or to improve the
handling of materials. Processed scrap metal includes, but is not limited to
scrap metal which has been baled, shredded, sheared, chopped, crushed,
flattened, cut, melted, or separated by metal type (i.e., sorted), and, fines,
drosses and related materials which have been agglomerated. (Note: shredded
circuit boards being sent for recycling are not considered processed scrap
metal. They are covered under the exclusion from the definition of solid waste
for shredded circuit boards being recycled (§ 261.4(a)(14)).
(11) "Home scrap metal" is scrap metal as
generated by steel mills, foundries, and refineries such as turnings, cuttings,
punchings, and borings.
(12)
"Prompt scrap metal" is scrap metal as generated by the metal
working/fabrication industries and includes such scrap metal as turnings,
cuttings, punchings, and borings. Prompt scrap is also known as industrial or
new scrap metal.
§
261.2
Definition of Solid Waste
(a)
(1) A
"solid waste" is any discarded material that is not excluded by § 261.4(a)
or that is not excluded by variance granted under §§ 260.30 and
260.31.
(2) A "discarded material"
is any material which is:
(i) "Abandoned", as
explained in paragraph (b) of this section; or
(ii) [Reserved]
(iii) Considered "inherently waste-like", as
explained in paragraph (d) of this section; or
(iv) A "military munition" identified as a
solid waste in § 266.202.
(b) Materials are solid waste if they are
"abandoned" by being:
(1) Disposed of;
or
(2) Burned or incinerated;
or
(3) Accumulated, stored, or
treated (but not recycled) before or in lieu of being abandoned by being
disposed of, burned, or incinerated; or
(4) Sham recycled, as explained in paragraph
(g) of this section.
(c)
Materials are solid wastes if they are "recycled" -- or accumulated, stored, or
treated before recycling -- as specified in paragraphs (c)(1) through (4) of
this section.
(1) "Used in a manner
constituting disposal".
(i) Materials noted
with an "X" in Column 1 of Table 1 are solid wastes when they are:
(A) Applied to or placed on the land in a
manner that constitutes disposal; or
(B) Used to produce products that are applied
to or placed on the land or are otherwise contained in products that are
applied to or placed on the land (in which cases the product itself remains a
solid waste).
(ii)
However, commercial chemical products listed in § 261.33 are not solid
wastes if they are applied to the land and that is their ordinary manner of
use.
(2) "Burning for
energy recovery".
(i) Materials noted with an
"X" in column 2 of Table 1 are solid wastes when they are:
(A) Burned to recover energy;
(B) Used to produce a fuel or are otherwise
contained in fuels (in which cases the fuel itself remains a solid
waste).
(ii) However,
commercial chemical products listed in § 261.33 are not solid wastes if
they are themselves fuels.
(3)
Reclaimed. Materials
noted with a "-" in column 3 of Table 1 are not solid wastes when reclaimed.
Materials noted with a "X" in column 3 of Table 1 are solid wastes
when reclaimed unless they meet the requirements of §
§ 261.4(a)(17),
or 261.4(a)(23), 261.4(a)(24) or 261.4(a)(27)).
(4) "Accumulated speculatively". Materials
noted with an "X" in column 4 of Table 1 are solid wastes when accumulated
speculatively.
Table 1
|
Use constituting disposal (§261.2(c)(1)) |
Energy recovery/fuel (§261.2(c)(2)) |
Reclamation (§261.2(c)(3)), except as provided in §§261.4(a)(17), 261.4(a)(23), 261.4(a)(24) or 261.4(a)(27) |
Speculative accumulation (§261.2(c)(4)) |
|
|
1 |
2 |
3 |
4 |
|
|
Spent Materials |
(*) |
(*) |
(*) |
(*) |
|
Sludges (listed in 40 CFR part 261 .31 or 261.32) |
(*) |
(*) |
(*) |
(*) |
|
Sludges exhibiting a characteristic of hazardous waste |
(*) |
(*) |
- |
(*) |
|
By-products (listed in 40 CFR 261.31 or 261.32) |
(*) |
(*) |
(*) |
(*) |
|
By-products exhibiting a characteristic of hazardous waste |
(*) |
(*) |
- |
(*) |
|
Commercial chemical products listed in 40 CFR 261.33 |
(*) |
(*) |
- |
- |
|
Scrap metal that is not excluded under 40 CFR |
(*) |
(*) |
(*) |
(*) |
|
261.4(a)(13) |
Note: The terms "spent materials", "sludges", "by-product", "scrap metal", and "processed scrap metal" are defined in § 261.1.
(d)
"Inherently waste-like materials". The following materials are solid wastes
when they are recycled in any manner:
(1)
Hazardous Waste Nos. F020, F021 (unless used as an ingredient to make a product
at the site of generation), F022, F023, F026, and F028.
(2) Secondary materials fed to a halogen acid
furnace that exhibit a characteristic of a hazardous waste or are listed as a
hazardous waste as defined in subsections C or D of this section, except for
brominated material that meets the following criteria:
(i) The material must contain a bromine
concentration of at least 45%; and
(ii) The material must contain less than a
total of 1% of toxic organic compounds listed in Appendix VIII of this section;
and
(iii) The material is processed
continually on-site in the halogen acid furnace via direct conveyance (hard
piping).
(3) The
Commission will use the following criteria to add wastes to that list:
(i)
(A) The
materials are ordinarily disposed of, burned, or incinerated; or
(B) The materials contain toxic constituents
listed in Appendix VIII of Section 261 and these constituents are not
ordinarily found in raw materials or products for which the materials
substitute (or are found in raw materials or products in smaller
concentrations) and are not used or reused during the recycling process;
and
(ii) The material may
pose a substantial hazard to human health and the environment when
recycled.
(e)
"Materials that are not solid waste when recycled".
(1) Materials are not solid wastes when they
can be shown to be recycled by being:
(i)
Used or reused as ingredients in an industrial process to make a product,
provided the materials are not being reclaimed; or
(ii) Used or reused as effective substitutes
for commercial products; or
(iii)
Returned to the original process from which they are generated, without first
being reclaimed or land disposed. The material must be returned as a substitute
for feedstock materials. In cases where the original process to which the
material is returned is a secondary process, the materials must be managed such
that there is no placement on the land. In cases where the materials are
generated and reclaimed within the primary mineral processing industry, the
conditions of the exclusion found at § 261.4(a)(17) apply rather than this
paragraph.
(2) The
following materials are solid wastes, even if the recycling involves use,
reuse, or return to the original process (described in paragraphs (e)(1)(i)
through (iii) of this section):
(i) Materials
used in a manner constituting disposal, or used to produce products that are
applied to the land; or
(ii)
Materials burned for energy recovery, used to produce a fuel, or contained in
fuels; or
(iii) Materials
accumulated speculatively; or
(iv)
Materials listed in paragraphs (d)(1) and (d)(2) of this section.
(f) Documentation of
claims that materials are not solid wastes or are conditionally exempt from
regulation. Respondents in actions to enforce rules implementing subtitle C of
RCRA who raise a claim that a certain material is not a solid waste, or is
conditionally exempt from regulation, must demonstrate that there is a known
market or disposition for the material, and that they meet the terms of the
exclusion or exemption. In doing so, they must provide appropriate
documentation (such as contracts showing that a second person uses the material
as an ingredient in a production process) to demonstrate that the material is
not a waste, or is exempt from regulation. In addition, owners or operators of
facilities claiming that they actually are recycling materials must show that
they have the necessary equipment to do so.
(g) Sham recycling. A hazardous secondary
material found to be sham recycled is considered discarded and a solid waste.
Sham recycling is recycling that is not legitimate recycling as defined in
§ 260.43.
§
261.3
Definition of Hazardous Waste
(a) A solid waste, as defined in §
261.2, is a hazardous waste if:
(1) It is not
excluded from regulation as a hazardous waste under § 261.4(b);
and
(2) It meets any of the
following criteria:
(i) It exhibits any of
the characteristics of hazardous waste identified in subsection C of this
Section. However, any mixture of a waste from the extraction, beneficiation,
and processing of ores and minerals excluded under §261.4(b)(7) and any
other solid waste exhibiting a characteristic of hazardous waste under
subsection C is a hazardous waste only if it exhibits a characteristic that
would not have been exhibited by the excluded waste alone if such mixture had
not occurred, or if it continues to exhibit any of the characteristics
exhibited by the non-excluded wastes prior to mixture. Further, for the
purposes of applying the Toxicity Characteristic to such mixtures, the mixture
is also a hazardous waste if it exceeds the maximum concentration for any
contaminant listed in table 1 to §261.24 that would not have been exceeded
by the excluded waste alone if the mixture had not occurred or if it continues
to exceed the maximum concentration for any contaminant exceeded by the
nonexempt waste prior to mixture.
(ii) It is listed in subsection D of this
section and has not been excluded from the lists in subsection D of this
section under §§ 260.20 and 260.22 of this rule.
(iii) [Reserved]
(iv) It is a mixture of solid waste and one
or more hazardous wastes listed in subsection D of this section and has not
been excluded from paragraph (a)(2) of this section under the provisions of
§§ 260.20 and 260.22, paragraph (g) of this subsection, or paragraph
(h) of this subsection; however, the following mixtures of solid wastes and
hazardous wastes listed in subsection D of this section are not hazardous
wastes (except by application of paragraph (a)(2)(i) or (ii) of this
subsection) if the generator can demonstrate that the mixture consists of
wastewater, the discharge of which is subject to regulation under either
section 402 or section 307(b) of the Clean Water Act (including wastewater at
facilities which have eliminated the discharge of waste water) and;
(A) One or more of the following solvents
listed in § 261.31 - benzene, carbon tetrachloride, tetrachloroethylene,
trichloroethylene - or the scrubber waters derived-from the combustion of these
spent solvents- provided, that the maximum total weekly usage of these solvents
(other than the amounts that can be demonstrated not to be discharged to
wastewater) divided by the average weekly flow of wastewater into the headworks
of the facility's wastewater treatment or pretreatment system does not exceed 1
part per million, OR the total measured concentration of these solvents
entering the headworks of the facility's wastewater treatment system (at
facilities subject to regulation under the Clean Air Act, as amended, at 40 CFR
Parts 60, 61, or 63, or at facilities subject to an enforceable limit in a
federal operating permit that minimizes fugitive emissions), does not exceed 1
part per million on an average weekly basis. Any facility that uses benzene as
a solvent and claims this exemption must use an aerated biological wastewater
treatment system and must use only lined surface impoundments or tanks prior to
secondary clarification in the wastewater treatment system. Facilities that
choose to measure concentration levels must file a copy of their sampling and
analysis plan with the Director, as the context requires, or an authorized
representative ("Director" as defined in § 270.2 of this rule). A facility
must file a copy of a revised sampling and analysis plan only if the initial
plan is rendered inaccurate by changes in the facility's operations. The
sampling and analysis plan must include the monitoring point location
(headworks), the sampling frequency and methodology, and a list of constituents
to be monitored. A facility is eligible for the direct monitoring option once
they receive confirmation that the sampling and analysis plan has been received
by the Director. The Director may reject the sampling and analysis plan if
he/she finds that, the sampling and analysis plan fails to include the above
information; or the plan parameters would not enable the facility to calculate
the weekly average concentration of these chemicals accurately. If the Director
rejects the sampling and analysis plan or if the Director finds that the
facility is not following the sampling and analysis plan, the Director shall
notify the facility to cease the use of the direct monitoring option until such
time as the bases for rejection are corrected; or
(B) One or more of the following spent
solvents listed in § 261.31-methylene chloride, 1,1,1-trichloroethane,
chloro- benzene, o- dichlorobenzene, cresols, cresylic acid, nitrobenzene,
toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, spent
chlorofluorocarbon solvents, 2-ethoxyethanol, or the scrubber waters derived
from the combustion of these spent solvents-provided that the maximum total
weekly usage of these solvents (other than the amounts that can be demonstrated
not to be discharged to wastewater) divided by the average weekly flow of
wastewater into the headworks of the facility's wastewater treatment or
pretreatment system does not exceed 25 parts per million, OR the total measured
concentration of these solvents entering the headworks of the facility's
wastewater treatment system (at facilities subject to regulation under the
Clean Air Act as amended, at 40 CFR parts 60, 61, or 63, or at facilities
subject to an enforceable limit in a federal operating permit that minimizes
fugitive emissions), does not exceed 25 parts per million on an average weekly
basis. Facilities that choose to measure concentration levels must file a copy
of their sampling and analysis plan with the Director, or an authorized
representative ("Director" as defined in § 270.2). A facility must file a
copy of a revised sampling and analysis plan only if the initial plan is
rendered inaccurate by changes in the facility's operations. The sampling and
analysis plan must include the monitoring point location (headworks), the
sampling frequency and methodology, and a list of constituents to be monitored.
A facility is eligible for the direct monitoring option once they receive
confirmation that the sampling and analysis plan has been received by the
Director. The Director may reject the sampling and analysis plan if he/she
finds that, the sampling and analysis plan fails to include the above
information; or the plan parameters would not enable the facility to calculate
the weekly average concentration of these chemicals accurately. If the Director
rejects the sampling and analysis plan or if the Director finds that the
facility is not following the sampling and analysis plan, the Director shall
notify the facility to cease the use of the direct monitoring option until such
time as the bases for rejection are corrected; or
(C) One of the following wastes listed in
§ 261.32, provided that the wastes are discharged to the refinery oil
recovery sewer before primary oil/water/solids separation-heat exchanger bundle
cleaning sludge from the petroleum refining industry (EPA Hazardous Waste No.
K050), crude oil storage tank sediment from petroleum refining operations (EPA
Hazardous Waste No. K169), clarified slurry oil tank sediment and/or in-line
filter/separation solids from petroleum refining operations (EPA Hazardous
Waste No. K170), spent hydrotreating catalyst (EPA Hazardous Waste No. K171),
and spent hydrorefining catalyst (EPA Hazardous Waste No. K172); or
(D) A discarded hazardous waste, commercial
chemical product, or chemical intermediate listed in §§ 261.31
through 261.33, arising from de minimis losses of these materials. For purposes
of this paragraph (a)(2)(iv)(D), de minimis losses are inadvertent releases to
a wastewater treatment system, including those from normal material handling
operations (e.g., spills from the unloading or transfer of materials from bins
or other containers, leaks from pipes, valves or other devices used to transfer
materials); minor leaks of process equipment, storage tanks or containers;
leaks from well maintained pump packings and seals; sample purgings; relief
device discharges; discharges from safety showers and rinsing and cleaning of
personal safety equipment; and rinsate from empty containers or from containers
that are rendered empty by that rinsing. Any manufacturing facility that claims
an exemption for de minimis quantities of wastes listed in §§ 261.31
through 261.32, or any nonmanufacturing facility that claims an exemption for
de minimis quantities of wastes listed in subsection D of this section must
either have eliminated the discharge of wastewaters or have included in its
Clean Water Act permit application or submission to its pretreatment control
authority the constituents for which each waste was listed (in § 261
appendix VII) of this section; and the constituents in the table "Treatment
Standards for Hazardous Wastes" in § 268.40 of this rule for which each
waste has a treatment standard (i.e., Land Disposal Restriction constituents).
A facility is eligible to claim the exemption once the permit writer or control
authority has been notified of possible de minimis releases via the Clean Water
Act permit application or the pretreatment control authority submission. A copy
of the Clean Water permit application or the submission to the pretreatment
control authority must be placed in the facility's on-site files; or
(E) Wastewater resulting from laboratory
operations containing toxic (T) wastes listed in subsection D of this section,
provided, that the annualized average flow of laboratory wastewater does not
exceed one percent of total wastewater flow into the headworks of the
facility's wastewater treatment or pre-treatment system or provided the wastes,
combined annualized average concentration does not exceed one part per million
in the headworks of the facility's wastewater treatment or pre-treatment
facility. Toxic (T) wastes used in laboratories that are demonstrated not to be
discharged to wastewater are not to be included in this calculation;
or
(F) One or more of the following
wastes listed in § 261.32 - wastewaters from the production of carbamates
and carbamoyl oximes (EPA Hazardous Waste No. K157) - provided that the maximum
weekly usage of formaldehyde, methyl chloride, methylene chloride, and
triethylamine (including all amounts that cannot be demonstrated to be reacted
in the process, destroyed through treatment, or is recovered, i.e., what is
discharged or volatilized) divided by the average weekly flow of process
wastewater prior to any dilution into the headworks of the facility's
wastewater treatment system does not exceed a total of 5 parts per million by
weight OR the total measured concentration of these chemicals entering the
headworks of the facility's wastewater treatment system (at facilities subject
to regulation under the Clean Air Act as amended, at 40 CFR parts 60, 61, or
63, or at facilities subject to an enforceable limit in a federal operating
permit that minimizes fugitive emissions), does not exceed 5 parts per million
on an average weekly basis. Facilities that choose to measure concentration
levels must file copy of their sampling and analysis plan with the Director, or
an authorized representative ("Director" as defined in § 270.2). A
facility must file a copy of a revised sampling and analysis plan only if the
initial plan is rendered inaccurate by changes in the facility's operations.
The sampling and analysis plan must include the monitoring point location
(headworks), the sampling frequency and methodology, and a list of constituents
to be monitored. A facility is eligible for the direct monitoring option once
they receive confirmation that the sampling and analysis plan has been received
by the Director. The Director may reject the sampling and analysis plan if
he/she finds that, the sampling and analysis plan fails to include the above
information; or the plan parameters would not enable the facility to calculate
the weekly average concentration of these chemicals accurately. If the Director
rejects the sampling and analysis plan or if the Director finds that the
facility is not following the sampling and analysis plan, the Director shall
notify the facility to cease the use of the direct monitoring option until such
time as the bases for rejection are corrected; or
(G) Wastewaters derived-from the treatment of
one or more of the following wastes listed in § 261.32 - organic waste
(including heavy ends, still bottoms, light ends, spent solvents, filtrates,
and decantates) from the production of carbamates and carbamoyl oximes (EPA
Hazardous Waste No. K156). - provided that the maximum concentration of
formaldehyde, methyl chloride, methylene chloride, and triethylamine prior to
any dilutions into the headworks of the facility's wastewater treatment system
does not exceed a total of 5 milligrams per liter OR the total measured
concentration of these chemicals entering the headworks of the facility's
wastewater treatment system (at facilities subject to regulation under the
Clean Air Act as amended, at 40 CFR parts 60, 61, or 63, or at facilities
subject to an enforceable limit in a federal operating permit that minimizes
fugitive emissions), does not exceed 5 milligrams per liter on an average
weekly basis. Facilities that choose to measure concentration levels must file
copy of their sampling and analysis plan with the Director, or an authorized
representative ("Director" as defined in § 270.2). A facility must file a
copy of a revised sampling and analysis plan only if the initial plan is
rendered inaccurate by changes in the facility's operations. The sampling and
analysis plan must include the monitoring point location (headworks), the
sampling frequency and methodology, and a list of constituents to be monitored.
A facility is eligible for the direct monitoring option once they receive
confirmation that the sampling and analysis plan has been received by the
Director. The Director may reject the sampling and analysis plan if he/she
finds that, the sampling and analysis plan fails to include the above
information; or the plan parameters would not enable the facility to calculate
the weekly average concentration of these chemicals accurately. If the Director
rejects the sampling and analysis plan or if the Director finds that the
facility is not following the sampling and analysis plan, the Director shall
notify the facility to cease the use of the direct monitoring option until such
time as the bases for rejection are corrected.
(v) Rebuttable presumption for used oil. Used
oil containing more than 1000 ppm total halogens is presumed to be a hazardous
waste because it has been mixed with halogenated hazardous waste listed in
subsection D of Section 261 of this rule. Persons may rebut this presumption by
demonstrating that the used oil does not contain hazardous waste (for example,
to show that the used oil does not contain significant concentrations of
halogenated hazardous constituents listed in Appendix VIII of Section 261 of
this rule).
(A) The rebuttable presumption
does not apply to metalworking oils/fluids containing chlorinated paraffins, if
they are processed, through a tolling agreement, to reclaim metalworking
oils/fluids. The presumption does apply to metalworking oils/fluids if such
oils/fluids are recycled in any other manner, or disposed.
(B) The rebuttable presumption does not apply
to used oils contaminated with chlorofluorocarbons (CFCs) removed from
refrigeration units where the CFCs are destined for reclamation. The rebuttable
presumption does apply to used oils contaminated with CFCs that have been mixed
with used oil from sources other than refrigeration units.
(b) A solid waste which
is not excluded from rule under paragraph (a)(1) of this section becomes a
hazardous waste when any of the following events occur:
(1) In the case of a waste listed in
subsection D of this section, when the waste first meets the listing
description set forth in subsection D of this section.
(2) In the case of a mixture of solid waste
and one or more listed hazardous wastes, when a hazardous waste listed in
subsection D is first added to the solid waste.
(3) In the case of any other waste (including
a waste mixture), when the waste exhibits any of the characteristics identified
in subsection C of this section.
(c) Unless and until it meets the criteria of
paragraph (d) of this section:
(1) A hazardous
waste will remain a hazardous waste.
(2)
(i)
Except as otherwise provided in paragraph (c)(2)(ii), (g) or (h) of this
subsection, any solid waste generated from the treatment, storage, or disposal
of a hazardous waste, including any sludge, spill residue, ash, emission
control dust, or leachate (but not including precipitation run-off) is a
hazardous waste. (However, materials that are reclaimed from solid wastes and
that are used beneficially are not solid wastes and hence are not hazardous
wastes under this provision unless the reclaimed material is burned for energy
recovery or used in a manner constituting disposal.)
(ii) The following solid wastes are not
hazardous even though they are generated from the treatment, storage, or
disposal of a hazardous waste, unless they exhibit one or more of the
characteristics of hazardous waste:
(A) Waste
pickle liquor sludge generated by lime stabilization of spent pickle liquor
from the iron and steel industry (SIC Codes 331 and 332).
(B) Waste from burning any of the materials
exempted from regulation by § 261.6(a)(3)(iii) and (iv).
(C)
(1)
Nonwastewater residues, such as slag, resulting from high temperature metals
recovery (HTMR) processing of K061, K062 or F006 waste, in units identified as
rotary kilns, flame reactors, electric furnaces, plasma arc furnaces, slag
reactors, rotary hearth furnace/electric furnace combinations or industrial
furnaces (as defined in paragraphs (6), (7), and (13) of the definition for
"Industrial furnace" in § 260.10), that are disposed in subtitle D units,
provided that these residues meet the generic exclusion levels identified in
the tables in this paragraph for all constituents, and exhibit no
characteristics of hazardous waste. Testing requirements must be incorporated
in a facility's waste analysis plan or a generator's self-implementing waste
analysis plan; at a minimum, composite samples of residues must be collected
and analyzed quarterly and/or when the process or operation generating the
waste changes. Persons claiming this exclusion in an enforcement action will
have the burden of proving by clear and convincing evidence that the material
meets all of the exclusion requirements.
ConstituentMaximum for any single composite sample-TCLP (mg/l)
Generic exclusion levels for K061 and K062 nonwastewater HTMR residues
|
Antimony |
0.10 |
|
Arsenic |
0.50 |
|
Barium |
7.6 |
|
Beryllium |
0.010 |
|
Cadmium |
0.050 |
|
Chromium (total) 0.33 |
|
|
Lead |
0.15 |
|
Mercury |
0.009 |
|
Nickel |
1.0 |
|
Selenium |
0.16 |
|
Silver |
0.30 |
|
Thallium |
0.020 |
|
Zinc |
70 |
Generic exclusion levels for F006 nonwastewater HTMR residues
|
Antimony |
0.10 |
|
Arsenic |
0.50 |
|
Barium |
7.6 |
|
Beryllium |
0.010 |
|
Cadmium |
0.050 |
|
Chromium (total) |
0.33 |
|
Cyanide (total) (mg/kg) 1.8 |
|
|
Lead |
0.15 |
|
Mercury |
0.009 |
|
Nickel |
1.0 |
|
Selenium |
0.16 |
|
Silver |
0.30 |
|
Thallium |
0.020 |
|
Zinc |
70 |
(2) A
one-time notification and certification must be placed in the facility's files
and sent to the Division for K061, K062 or F006 HTMR residues that meet the
generic exclusion levels for all constituents and do not exhibit any
characteristics that are sent to subtitle D units. The notification and
certification that is placed in the generators or treaters files must be
updated if the process or operation generating the waste changes and/or if the
subtitle D unit receiving the waste changes. However, the generator or treater
need only notify the Division on an annual basis if such changes occur. Such
notification and certification should be sent to the Division by the end of the
calendar year, but no later than December 31. The notification must include the
following information: The name and address of the subtitle D unit receiving
the waste shipments; the EPA Hazardous Waste Number(s) and treatability
group(s) at the initial point of generation; and, the treatment standards
applicable to the waste at the initial point of generation. The certification
must be signed by an authorized representative and must state as follows: "I
certify under penalty of law that the generic exclusion levels for all
constituents have been met without impermissible dilution and that no
characteristic of hazardous waste is exhibited. I am aware that there are
significant penalties for submitting a false certification, including the
possibility of fine and imprisonment."
(D) Biological treatment sludge from the
treatment of one of the following wastes listed in §
261.32-organic waste (including heavy ends, still bottoms, light ends,
spent solvents, filtrates, and decantates) from the production of carbamates
and carbamoyl oximes (EPA Hazardous Waste No. K156), and wastewaters from the
production of carbamates and carbamoyl oximes (EPA Hazardous Waste No.
K157).
(E) Catalyst inert support
media separated from one of the following wastes listed in § 261.32 -
Spent hydrotreating catalyst (EPA Hazardous Waste No. K171), and Spent
hydrorefining catalyst (EPA Hazardous Waste No. K172).
(d) Any solid waste
described in paragraph (c) of this section is not a hazardous waste if it meets
the following criteria:
(1) In the case of any
solid waste, it does not exhibit any of the characteristics of hazardous waste
identified in subsection C of this section. (However, wastes that exhibit a
characteristic at the point of generation may still be subject to the
requirements of section 268, even if they no longer exhibit a characteristic at
the point of land disposal.)
(2) In
the case of a waste which is a listed waste under subsection D of this section,
contains a waste listed under subsection D of this section or is derived from a
waste listed in subsection D of this section, it also has been excluded from
paragraph (c) under §§ 260.20 and 260.22 of this rule.
(e)
[Reserved]
(f)
Notwithstanding paragraphs (a) through (d) of this section and provided the
debris as defined in Section 268 of this rule does not exhibit a characteristic
identified at subsection C of this section, the following materials are not
subject to regulation under sections 260, 261 to 266, 268, or 270:
(1) Hazardous debris as defined in Section
268 of this rule that has been treated using one of the required extraction or
destruction technologies specified in Table 1 of § 268.45 of this rule;
persons claiming this exclusion in an enforcement action will have the burden
of proving by clear and convincing evidence that the material meets all of the
exclusion requirements; or
(2)
Debris as defined in Section 268 of this rule that the Director, considering
the extent of contamination, has determined is no longer contaminated with
hazardous waste.
(g)
(1) A hazardous waste that is listed in
subsection D of this section solely because it exhibits one or more
characteristics of ignitability as defined under § 261.21 of this rule,
corrosivity as defined under § 261.22, or reactivity as defined under
§261.23 is not a hazardous waste, if the waste no longer exhibits any
characteristic of hazardous waste identified in subsection C of this
section.
(2) The exclusion
described in paragraph (g)(1) of this subsection also pertains to:
(i) Any mixture of a solid waste and a
hazardous waste listed in subection D of this Section solely because it
exhibits the characteristics of ignitability, corrosivity, or reactivity as
regulated under paragraph (a)(2)(iv) of this subsection; and
(ii) Any solid waste generated from treating,
storing, or disposing of a hazardous waste listed in subsection D of this
Section solely because it exhibits the characteristics of ignitability,
corrosivity, or reactivity as regulated under paragraph (c)(2)(i) of this
section.
(3) Wastes
excluded under this section are subject to Section 268 of this rule (as
applicable), even if they no longer exhibit a characteristic at the point of
land disposal.
(4) Any mixture of a
solid waste excluded from regulation under § 261.4(b)(7) and a hazardous
waste listed in subsection D of this section solely because it exhibits one or
more of the characteristics of ignitability, corrosivity, or reactivity as
regulated under paragraph (a)(2)(iv) of this section is not a hazardous waste,
if the mixture no longer exhibits any characteristic of hazardous waste
identified in subsection C of this section for which the hazardous waste listed
in subsection D of this section was listed.
(3) Waste exempted under this section must
meet the eligibility criteria and specified conditions in § 266.225 and
§ 266.230 (for storage and treatment) and in §266.310 and
§266.315 (for transportation and disposal). Waste that fails to satisfy
these eligibility criteria and conditions is regulated as hazardous
waste.
§
261.4
Exclusions
(a) Materials which are not solid wastes. The
following materials are not solid wastes for the purpose of this section:
(1)
(i)
Domestic sewage; and
(ii) Any
mixture of domestic sewage and other wastes that passes through a sewer system
to a publicly-owned treatment works for treatment. "Domestic sewage" means
untreated sanitary wastes that pass through a sewer system.
(2) Industrial wastewater
discharges that are point source discharges subject to regulation under section
402 of the Clean Water Act, as amended.
Comment: This exclusion applies only to the actual point source discharge. It does not exclude industrial wastewaters while they are being collected, stored or treated before discharge, nor does it exclude sludges that are generated by industrial wastewater treatment.
(3) Irrigation return flows.
(4) Source, special nuclear or by-product
material as defined by the Atomic Energy Act of 1954, as amended,
42 U.S.C.
2011 et seq.
(5) Materials subjected to in-situ mining
techniques which are not removed from the ground as section of the extraction
process.
(6) Pulping liquors (i.e.,
black liquor) that are reclaimed in a pulping liquor recovery furnace and then
reused in the pulping process, unless it is accumulated speculatively as
defined in § 261.1(c) of this rule.
(7) Spent sulfuric acid used to produce
virgin sulfuric acid, provided it is not accumulated speculatively as defined
in § 261.1(c) of this rule.
(8) Secondary materials that are reclaimed
and returned to the original process or processes in which they were generated
where they are reused in the production process provided:
(i) Only tank storage is involved, and the
entire process through completion of reclamation is closed by being entirely
connected with pipes or other comparable enclosed means of
conveyance;
(ii) Reclamation does
not involve controlled flame combustion (such as occurs in boilers, industrial
furnaces, or incinerators);
(iii)
The secondary materials are never accumulated in such tanks for over twelve
months without being reclaimed; and
(iv) The reclaimed material is not used to
produce a fuel, or used to produce products that are used in a manner
constituting disposal.
(9)
(i)
Spent wood preserving solutions that have been reclaimed and are reused for
their original intended purpose; and
(ii) Wastewaters from the wood preserving
process that have been reclaimed and are reused to treat wood.
(iii) Prior to reuse, the wood preserving
wastewaters and spent wood preserving solutions described in paragraphs
(a)(9)(i) and (a)(9)(ii) of this section, so long as they meet all of the
following conditions:
(A) The wood preserving
wastewaters and spent wood preserving solutions are reused on-site at water
borne plants in the production process for their original intended
purpose;
(B) Prior to reuse, the
wastewaters and spent wood preserving solutions are managed to prevent release
to either land or groundwater or both;
(C) Any unit used to manage wastewaters
and/or spent wood preserving solutions prior to reuse can be visually or
otherwise determined to prevent such releases;
(D) Any drip pad used to manage the
wastewaters and/or spent wood preserving solutions prior to reuse complies with
the standards in Section 265, subsection W of this rule, regardless of whether
the plant generates a total of less than 100 kg/month of hazardous waste;
and
(E) Prior to operating pursuant
to this exclusion, the plant owner or operator submits to the Director a
one-time notification stating that the plant intends to claim the exclusion,
giving the date on which the plant intends to begin operating under the
exclusion, and containing the following language: "I have read the applicable
rule establishing an exclusion for wood preserving wastewaters and spent wood
preserving solutions and understand it requires me to comply at all times with
the conditions set out in the rule." The plant must maintain a copy of that
document in its on-site records until the closure of the facility. The
exclusion applies only so long as the plant meets all of the conditions. If the
plant goes out of compliance with any condition, it may apply to the Director
for reinstatement. The Director may reinstate the exclusion upon finding that
the plant has returned to compliance with all conditions and that violations
are not likely to recur.
(10) EPA Hazardous Waste Nos. K060, K087,
K141, K142, K143, K144, K145, K147, and K148, and any wastes from the coke
by-products processes that are hazardous only because they exhibit the Toxicity
Characteristic (TC) specified in § 261.24 of this section when, subsequent
to generation, these materials are recycled to coke ovens, to the tar recovery
process as a feedstock to produce coal tar, or mixed with coal tar prior to the
tar's sale or refining. This exclusion is conditioned on there being no land
disposal of the wastes from the point they are generated to the point they are
recycled to coke ovens or tar recovery or refining processes, or mixed with
coal tar.
(11) Nonwastewater splash
condenser dross residue from the treatment of K061 in high temperature metals
recovery units, provided it is shipped in drums (if shipped) and not land
disposed before recovery.
(12)
(i) Oil-bearing hazardous secondary materials
(i.e., sludges, byproducts, or spent materials) that are generated at a
petroleum refinery (SIC code 2911) and are inserted into the petroleum refining
process (SIC code 2911-including, but not limited to, distillation, catalytic
cracking, fractionation, or thermal cracking units (i.e., cokers)) unless the
material is placed on the land, or speculatively accumulated before being so
recycled. Materials inserted into thermal cracking units are excluded under
this paragraph, provided that the coke product also does not exhibit a
characteristic of hazardous waste. Oil-bearing hazardous secondary materials
may be inserted into the same petroleum refinery where they are generated, or
sent directly to another petroleum refinery, and still be excluded under this
provision. Except as provided in paragraph (a)(12)(ii) of this section,
oil-bearing hazardous secondary materials generated elsewhere in the petroleum
industry (i.e., from sources other than petroleum refineries) are not excluded
under this section. Residuals generated from processing or recycling materials
excluded under this paragraph (a)(12)(i), where such materials as generated
would have otherwise met a listing under subsection D of this section, are
designated as F037 listed wastes when disposed of or intended for
disposal.
(ii) Recovered oil that
is recycled in the same manner and with the same conditions as described in
paragraph (a)(12)(i) of this section. Recovered oil is oil that has been
reclaimed from secondary materials (including wastewater) generated from normal
petroleum industry practices, including refining, exploration and production,
bulk storage, and transportation incident thereto (SIC codes 1311, 1321, 1381,
1382, 1389, 2911, 4612, 4613, 4922, 4923, 4789, 5171, and 5172.) Recovered oil
does not include oil-bearing hazardous wastes listed in subsection D of this
section; however, oil recovered from such wastes may be considered recovered
oil. Recovered oil does not include used oil as defined in § 279.1 of this
rule.
(13) Excluded scrap
metal (processed scrap metal, unprocessed home scrap metal, and unprocessed
prompt scrap metal) being recycled.
(14) Shredded circuit boards being recycled
provided that they are:
(i) Stored in
containers sufficient to prevent a release to the environment prior to
recovery; and
(ii) Free of mercury
switches, mercury relays and nickel-cadmium batteries and lithium
batteries.
(15)
Condensates derived from the overhead gases from kraft mill steam strippers
that are used to comply with
40 CFR
63.446(e). The exemption
applies only to combustion at the mill generating the condensates.
(16) [Reserved]
(17) Spent materials (as defined in
§261.1) (other than hazardous wastes listed in subsection D of this
section) generated within the primary mineral processing industry from which
minerals, acids, cyanide, water or other values are recovered by mineral
processing or by beneficiation, provided that:
(i) The spent material is legitimately
recycled to recover minerals, acids, cyanide, water or other values;
(ii) The spent material is not accumulated
speculatively;
(iii) Except as
provided in paragraph (a)(15)(iv) of this section, the spent material is stored
in tanks, containers, or buildings meeting the following minimum integrity
standards: a building must be an engineered structure with a floor, walls, and
a roof all of which are made of non-earthen materials providing structural
support (except smelter buildings may have partially earthen floors provided
the spent material is stored on the non-earthen portion), and have a roof
suitable for diverting rainwater away from the foundation; a tank must be free
standing, not be a surface impoundment (as defined in § 260.10 of this
rule), and be manufactured of a material suitable for containment of its
contents; a container must be free standing and be manufactured of a material
suitable for containment of its contents. If tanks or containers contain any
particulate which may be subject to wind dispersal, the owner/operator must
operate these units in a manner which controls fugitive dust. Tanks,
containers, and buildings must be designed, constructed and operated to prevent
significant releases to the environment of these materials.
(iv) The Director may make a site-specific
determination, after public review and comment, that only solid mineral
processing spent materials may be placed on pads, rather than in tanks,
containers, or buildings. Solid mineral processing spent materials do not
contain any free liquid. The decision-maker must affirm that pads are designed,
constructed and operated to prevent significant releases of the spent material
into the environment. Pads must provide the same degree of containment afforded
by the non-RCRA tanks, containers and buildings eligible for exclusion.
(A) The decision-maker must also consider if
storage on pads poses the potential for significant releases via groundwater,
surface water, and air exposure pathways.
Factors to be considered for assessing the groundwater, surface water, air exposure pathways are: the volume and physical and chemical properties of the spent material, including its potential for migration off the pad; the potential for human or environmental exposure to hazardous constituents migrating from the pad via each exposure pathway, and the possibility and extent of harm to human and environmental receptors via each exposure pathway.
(B) Pads
must meet the following minimum standards: be designed of non-earthen material
that is compatible with the chemical nature of the mineral processing spent
material, capable of withstanding physical stresses associated with placement
and removal, have run on/runoff controls, be operated in a manner which
controls fugitive dust, and have integrity assurance through inspections and
maintenance programs.
(C) Before
making a determination under this paragraph, the Director must provide notice
and the opportunity for comment to all persons potentially interested in the
determination. This can be accomplished by placing notice of this action in
major local newspapers, or broadcasting notice over local radio
stations.
(v) The owner
or operator provides a notice to the Director, identifying the following
information: the types of materials to be recycled; the type and location of
the storage units and recycling processes; and the annual quantities expected
to be placed in non-land-based units. This notification must be updated when
there is a change in the type of materials recycled or the location of the
recycling process.
(vi) For
purposes of paragraph (b)(7) of this section, mineral processing spent
materials must be the result of mineral processing and may not include any
listed hazardous wastes. Listed hazardous wastes and characteristic hazardous
wastes generated by non-mineral processing industries are not eligible for the
conditional exclusion from the definition of solid waste.
(18) Petrochemicals recovered oil from an
associated organic chemical manufacturing facility, where the oil is to be
inserted into the petroleum refining process (SIC code 2911) along with normal
petroleum refinery process streams, provided:
(i) The oil is hazardous only because it
exhibits the characteristic of ignitability (as defined in § 261.21)
and/or toxicity for benzene (§ 261.24, waste code D018); and
(ii) The oil generated by the organic
chemical manufacturing facility is not placed on the land, or speculatively
accumulated before being recycled into the petroleum refining process. An
"associated organic chemical manufacturing facility'' is a facility where the
primary SIC code is 2869, but where operations may also include SIC codes 2821,
2822, and 2865; and is physically co-located with a petroleum refinery; and
where the petroleum refinery to which the oil being recycled is returned also
provides hydrocarbon feedstocks to the organic chemical manufacturing facility.
"Petrochemical recovered oil'' is oil that has been reclaimed from secondary
materials (i.e., sludges, byproducts, or spent materials, including wastewater)
from normal organic chemical manufacturing operations, as well as oil recovered
from organic chemical manufacturing processes.
(19) Spent caustic solutions from petroleum
refining liquid treating processes used as a feedstock to produce cresylic or
naphthenic acid unless the material is placed on the land, or accumulated
speculatively as defined in § 261.1(c).
(20) Hazardous secondary materials used to
make zinc fertilizers, provided that the following conditions specified are
satisfied:
(i) Hazardous secondary materials
used to make zinc micronutrient fertilizers must not be accumulated
speculatively, as defined in § 261.1(c)(8).
(ii) Generators and intermediate handlers of
zinc-bearing hazardous secondary materials that are to be incorporated into
zinc fertilizers must:
(A) Submit a one-time
notice to the Regional Administrator or State Director in whose jurisdiction
the exclusion is being claimed, which contains the name, address and EPA ID
number of the generator or intermediate handler facility, provides a brief
description of the secondary material that will be subject to the exclusion,
and identifies when the manufacturer intends to begin managing excluded,
zinc-bearing hazardous secondary materials under the conditions specified in
this paragraph (a)(20).
(B) Store
the excluded secondary material in tanks, containers, or buildings that are
constructed and maintained in a way that prevents releases of the secondary
materials into the environment. At a minimum, any building used for this
purpose must be an engineered structure made of non-earthen materials that
provide structural support, and must have a floor, walls and a roof that
prevent wind dispersal and contact with rainwater. Tanks used for this purpose
must be structurally sound and, if outdoors, must have roofs or covers that
prevent contact with wind and rain. Containers used for this purpose must be
kept closed except when it is necessary to add or remove material, and must be
in sound condition. Containers that are stored outdoors must be managed within
storage areas that:
(1) have containment
structures or systems sufficiently impervious to contain leaks, spills and
accumulated precipitation; and
(2)
provide for effective drainage and removal of leaks, spills and accumulated
precipitation; and
(3) prevent
run-on into the containment system.
(C) With each off-site shipment of excluded
hazardous secondary materials, provide written notice to the receiving facility
that the material is subject to the conditions of this paragraph
(a)(20).
(D) Maintain at the
generator's or intermediate handlers's facility for no less than three years
records of all shipments of excluded hazardous secondary materials. For each
shipment these records must at a minimum contain the following information:
(1) Name of the transporter and date of the
shipment;
(2) Name and address of
the facility that received the excluded material, and documentation confirming
receipt of the shipment; and
(3)
Type and quantity of excluded secondary material in each shipment.
(iii) Manufacturers of
zinc fertilizers or zinc fertilizer ingredients made from excluded hazardous
secondary materials must:
(A) Store excluded
hazardous secondary materials in accordance with the storage requirements for
generators and intermediate handlers, as specified in paragraph (a)(20)(ii)(B)
of this section.
(B) Submit a
one-time notification to the Director that, at a minimum, specifies the name,
address and EPA ID number of the manufacturing facility, and identifies when
the manufacturer intends to begin managing excluded, zinc-bearing hazardous
secondary materials under the conditions specified in this paragraph
(a)(20).
(C) Maintain for a minimum
of three years records of all shipments of excluded hazardous secondary
materials received by the manufacturer, which must at a minimum identify for
each shipment the name and address of the generating facility, name of
transporter and date the materials were received, the quantity received, and a
brief description of the industrial process that generated the
material.
(D) Submit to the
Director an annual report that identifies the total quantities of all excluded
hazardous secondary materials that were used to manufacture zinc fertilizers or
zinc fertilizer ingredients in the previous year, the name and address of each
generating facility, and the industrial process(s) from which they were
generated.
(iv) Nothing
in this section preempts, overrides or otherwise negates the provision in
§ 262.11 of this rule, which requires any person who generates a solid
waste to determine if that waste is a hazardous waste.
(v) Interim status and permitted storage
units that have been used to store only zinc-bearing hazardous wastes prior to
the submission of the one-time notice described in paragraph (a)(20)(ii)(A) of
this section, and that afterward will be used only to store hazardous secondary
materials excluded under this paragraph, are not subject to the closure
requirements of Sections 264 and 265 of this rule.
(21) Zinc fertilizers made from hazardous
wastes, or hazardous secondary materials that are excluded under paragraph
(a)(20) of this section, provided that:
(i)
The fertilizers meet the following contaminant limits:
(A) For metal contaminants:
|
Constituent |
Maximum Allowable Total Concentration in Fertilizer, per Unit(1%) of Zinc (ppm) |
|
Arsenic |
0.3 |
|
Cadmium |
1.4 |
|
Chromium |
0.6 |
|
Lead |
2.8 |
|
Mercury |
0.3 |
(B) For
dioxin contaminants the fertilizer must contain no more than eight (8) parts
per trillion of dioxin, measured as toxic equivalent (TEQ).
(ii) The manufacturer performs
sampling and analysis of the fertilizer product to determine compliance with
the contaminant limits for metals no less than every six months, and for
dioxins no less than every twelve months. Testing must also be performed
whenever changes occur to manufacturing processes or ingredients that could
significantly affect the amounts of contaminants in the fertilizer product. The
manufacturer may use any reliable analytical method to demonstrate that no
constituent of concern is present in the product at concentrations above the
applicable limits. It is the responsibility of the manufacturer to ensure that
the sampling and analysis are unbiased, precise, and representative of the
product(s) introduced into commerce.
(iii) The manufacturer maintains for no less
than three years records of all sampling and analyses performed for purposes of
determining compliance with the requirements of paragraph (a)(21)(ii) of this
section. Such records must at a minimum include:
(A) The dates and times product samples were
taken, and the dates the samples were analyzed;
(B) The names and qualifications of the
person(s) taking the samples;
(C) A
description of the methods and equipment used to take the samples;
(D) The name and address of the laboratory
facility at which analyses of the samples were performed;
(E) A description of the analytical methods
used, including any cleanup and sample preparation methods; and
(F) All laboratory analytical results used to
determine compliance with the contaminant limits specified in this paragraph
(a)(21).
(22)
Used cathode ray tubes (CRTs)
(i) Used, intact
CRTs as defined in § 260.10 of this rule are not solid wastes within the
United States unless they are disposed, or unless they are speculatively
accumulated as defined in § 261.1(c)(8) by CRT collectors or glass
processors.
(ii) Used, intact CRTs
as defined in § 260.10 of this rule are not solid wastes when exported for
recycling provided that they meet the requirements of Sec. 261.40.
(iii) Used, broken CRTs as defined in §
260.10 of this rule are not solid wastes provided that they meet the
requirements of § 261.39.
(iv)
Glass removed from CRTs is not a solid waste provided that it meets the
requirements of § 261.39(c).
(23) Hazardous secondary material generated
and legitimately reclaimed within the United States or its territories and
under the control of the generator, provided that the material complies with
paragraphs (a)(23)(i) and (ii) of this section:
(i)
(A) The
hazardous secondary material is generated and reclaimed at the generating
facility (for purposes of this definition, generating facility means all
contiguous property owned, leased, or otherwise controlled by the hazardous
secondary material generator); or
(B) The hazardous secondary material is
generated and reclaimed at different facilities, if the reclaiming facility is
controlled by the generator or if both the generating facility and the
reclaiming facility are controlled by a person as defined in § 260.10 of
this rule, and if the generator provides one of the following certifications:
"on behalf of [insert generator facility name], I certify that this facility
will send the indicated hazardous secondary material to [insert reclaimer
facility name], which is controlled by [insert generator facility name] and
that [insert name of either facility] has acknowledged full responsibility for
the safe management of the hazardous secondary material," or "on behalf of
[insert generator facility name], I certify that this facility will send the
indicated hazardous secondary material to [insert reclaimer facility name],
that both facilities are under common control, and that [insert name of either
facility] has acknowledged full responsibility for the safe management of the
hazardous secondary material." For purposes of this paragraph, "control" means
the power to direct the policies of the facility, whether by the ownership of
stock, voting rights, or otherwise, except that contractors who operate
facilities on behalf of a different person as defined in § 260.10 shall
not be deemed to "control" such facilities. The generating and receiving
facilities must both maintain at their facilities for no less than three years
records of hazardous secondary materials sent or received under this exclusion.
In both cases, the records must contain the name of the transporter, the date
of the shipment, and the type and quantity of the hazardous secondary material
shipped or received under the exclusion. These requirements may be satisfied by
routine business records (e.g., financial records, bills of lading, copies of
DOT shipping papers, or electronic confirmations); or
(C) The hazardous secondary material is
generated pursuant to a written contract between a tolling contractor and a
toll manufacturer and is reclaimed by the tolling contractor, if the tolling
contractor certifies the following: "On behalf of [insert tolling contractor
name], I certify that [insert tolling contractor name] has a written contract
with [insert toll manufacturer name] to manufacture [insert name of product or
intermediate] which is made from specified unused materials, and that [insert
tolling contractor name] will reclaim the hazardous secondary materials
generated during this manufacture. On behalf of [insert tolling contractor
name], I also certify that [insert tolling contractor name] retains ownership
of, and responsibility for, the hazardous secondary materials that are
generated during the course of the manufacture, including any releases of
hazardous secondary materials that occur during the manufacturing process". The
tolling contractor must maintain at its facility for no less than three years
records of hazardous secondary materials received pursuant to its written
contract with the tolling manufacturer, and the tolling manufacturer must
maintain at its facility for no less than three years records of hazardous
secondary materials shipped pursuant to its written contract with the tolling
contractor. In both cases, the records must contain the name of the
transporter, the date of the shipment, and the type and quantity of the
hazardous secondary material shipped or received pursuant to the written
contract. These requirements may be satisfied by routine business records
(e.g., financial records, bills of lading, copies of DOT shipping papers, or
electronic confirmations). For purposes of this paragraph, tolling contractor
means a person who arranges for the production of a product or intermediate
made from specified unused materials through a written contract with a toll
manufacturer. Toll manufacturer means a person who produces a product or
intermediate made from specified unused materials pursuant to a written
contract with a tolling contractor.
(ii)
(A)
The hazardous secondary material is contained as defined in § 260.10 of
this rule. A hazardous secondary material released to the environment is
discarded and a solid waste unless it is immediately recovered for the purpose
of reclamation. Hazardous secondary material managed in a unit with leaks or
other continuing or intermittent unpermitted releases is discarded and a solid
waste.
(B) The hazardous secondary
material is not speculatively accumulated, as defined in §
261.1(c)(8).
(C) Notice is provided
as required by §260.42 of this rule.
(D) The material is not otherwise subject to
material-specific management conditions under paragraph (a) of this section
when reclaimed, and it is not a spent lead-acid battery (see § 266.80 and
§ 273.2 of this rule).
(E)
Persons performing the recycling of hazardous secondary materials under this
exclusion must maintain documentation of their legitimacy determination
on-site. Documentation must be a written description of how the recycling meets
all four factors in § 260.43(a). Documentation must be maintained for
three years after the recycling operation has ceased.
(F) The emergency preparedness and response
requirements found in subsection M of this Section are met.
(24) Hazardous secondary
material that is generated and then transferred to a verified reclamation
facility for the purpose of reclamation is not a solid waste, provided that:
(i) The material is not speculatively
accumulated, as defined in § 261.1(c)(8);
(ii) The material is not handled by any
person or facility other than the hazardous secondary material generator, the
transporter, an intermediate facility or a reclaimer, and, while in transport,
is not stored for more than 10 days at a transfer facility, as defined in
§260.10 of this rule, and is packaged according to applicable Department
of Transportation regulations at 49 CFR parts 173, 178, and 179 while in
transport;
(iii) The material is
not otherwise subject to material-specific management conditions under this
paragraph (a) when reclaimed, and it is not a spent lead-acid battery (see
§§ 266.80 and 273.2 of this rule);
(iv) The reclamation of the material is
legitimate, as specified under § 260.43 of this rule;
(v) The hazardous secondary material
generator satisfies all of the following conditions:
(A) The material must be contained as defined
in § 260.10. A hazardous secondary material released to the environment is
discarded and a solid waste unless it is immediately recovered for the purpose
of recycling. Hazardous secondary material managed in a unit with leaks or
other continuing releases is discarded and a solid waste.
(B) Prior to arranging for transport of
hazardous secondary materials to a reclamation facility (or facilities) where
the management of the hazardous secondary materials is not addressed under a
RCRA Part B permit or interim status standards, the hazardous secondary
material generator must make reasonable efforts to ensure that each reclaimer
intends to properly and legitimately reclaim the hazardous secondary material
and not discard it, and that each reclaimer will manage the hazardous secondary
material in a manner that is protective of human health and the environment. If
the hazardous secondary material will be passing through an intermediate
facility where the management of the hazardous secondary materials is not
addressed under a RCRA Part B permit or interim status standards, the hazardous
secondary material generator must make contractual arrangements with the
intermediate facility to ensure that the hazardous secondary material is sent
to the reclamation facility identified by the hazardous secondary material
generator, and the hazardous secondary material generator must perform
reasonable efforts to ensure that the intermediate facility will manage the
hazardous secondary material in a manner that is protective of human health and
the environment. Reasonable efforts must be repeated at a minimum of every
three years for the hazardous secondary material generator to claim the
exclusion and to send the hazardous secondary materials to each reclaimer and
any intermediate facility. In making these reasonable efforts, the generator
may use any credible evidence available, including information gathered by the
hazardous secondary material generator, provided by the reclaimer or
intermediate facility, and/or provided by a third party. The hazardous
secondary material generator must affirmatively answer all of the following
questions for each reclamation facility and any intermediate facility:
(1) Does the available information indicate
that the reclamation process is legitimate pursuant to §260.43 of this
chapter? In answering this question, the hazardous secondary material generator
can rely on their existing knowledge of the physical and chemical properties of
the hazardous secondary material, as well as information from other sources
(e.g., the reclamation facility, audit reports, etc.) about the reclamation
process.
(2) Does the publicly
available information indicate that the reclamation facility and any
intermediate facility that is used by the hazardous secondary material
generator notified the appropriate authorities of hazardous secondary materials
reclamation activities pursuant to §260.42 of this rule and have they
notified the appropriate authorities that the financial assurance condition is
satisfied per paragraph (a)(24)(vi)(F) of this section? In answering these
questions, the hazardous secondary material generator can rely on the available
information documenting the reclamation facility's and any intermediate
facility's compliance with the notification requirements per §260.42 of
this rule, including the requirement in §260.42(a)(5) to notify DEQ
whether the reclaimer or intermediate facility has financial
assurance.
(3) Does publicly
available information indicate that the reclamation facility or any
intermediate facility that is used by the hazardous secondary material
generator has not had any formal enforcement actions taken against the facility
in the previous three years for violations of the RCRA hazardous waste rules
and has not been classified as a significant non-complier with RCRA Subtitle C?
In answering this question, the hazardous secondary material generator can rely
on the publicly available information from EPA or the state. If the reclamation
facility or any intermediate facility that is used by the hazardous secondary
material generator has had a formal enforcement action taken against the
facility in the previous three years for violations of the RCRA hazardous waste
rules and has been classified as a significant non-complier with RCRA Subtitle
C, does the hazardous secondary material generator have credible evidence that
the facilities will manage the hazardous secondary materials properly? In
answering this question, the hazardous secondary material generator can obtain
additional information from EPA, the state, or the facility itself that the
facility has addressed the violations, taken remedial steps to address the
violations and prevent future violations, or that the violations are not
relevant to the proper management of the hazardous secondary
materials.
(4) Does the available
information indicate that the reclamation facility and any intermediate
facility that is used by the hazardous secondary material generator have the
equipment and trained personnel to safely recycle the hazardous secondary
material? In answering this question, the generator may rely on a description
by the reclamation facility or by an independent third party of the equipment
and trained personnel to be used to recycle the generator's hazardous secondary
material.
(5) If residuals are
generated from the reclamation of the excluded hazardous secondary materials,
does the reclamation facility have the permits required (if any) to manage the
residuals? If not, does the reclamation facility have a contract with an
appropriately permitted facility to dispose of the residuals? If not, does the
hazardous secondary material generator have credible evidence that the
residuals will be managed in a manner that is protective of human health and
the environment? In answering these questions, the hazardous secondary material
generator can rely on publicly available information from EPA or the state, or
information provided by the facility itself.
(C) The hazardous secondary material
generator must maintain for a minimum of three years documentation and
certification that reasonable efforts were made for each reclamation facility
and, if applicable, intermediate facility where the management of the hazardous
secondary materials is not addressed under a RCRA Part B permit or interim
status standards prior to transferring hazardous secondary material.
Documentation and certification must be made available upon request by a
regulatory authority within 72 hours, or within a longer period of time as
specified by the regulatory authority. The certification statement must:
(1) Include the printed name and official
title of an authorized representative of the hazardous secondary material
generator company, the authorized representative's signature, and the date
signed;
(2) Incorporate the
following language: "I hereby certify in good faith and to the best of my
knowledge that, prior to arranging for transport of excluded hazardous
secondary materials to [insert name(s) of reclamation facility and any
intermediate facility], reasonable efforts were made in accordance with
§261.4(a)(24)(v)(B) to ensure that the hazardous secondary materials would
be recycled legitimately, and otherwise managed in a manner that is protective
of human health and the environment, and that such efforts were based on
current and accurate information."
(3) The type and quantity of hazardous
secondary material in the shipment.
(D) The hazardous secondary material
generator must maintain at the generating facility for no less than three (3)
years records of all off-site shipments of hazardous secondary materials. For
each shipment, these records must, at a minimum, contain the following
information:
(1) Name of the transporter and
date of the shipment;
(2) Name and
address of each reclaimer and, if applicable, the name and address of each
intermediate facility to which the hazardous secondary material was
sent;
(3) The type and quantity of
hazardous secondary material in the shipment.
(E) The hazardous secondary material
generator must maintain at the generating facility for no less than three (3)
years confirmations of receipt from each reclaimer and, if applicable, each
intermediate facility for all off-site shipments of hazardous secondary
materials. Confirmations of receipt must include the name and address of the
reclaimer (or intermediate facility), the type and quantity of the hazardous
secondary materials received and the date which the hazardous secondary
materials were received. This requirement may be satisfied by routine business
records (e.g., financial records, bills of lading, copies of DOT shipping
papers, or electronic confirmations of receipt);
(F) The hazardous secondary material
generator must comply with the emergency preparedness and response conditions
in subsection M of this section.
(vi) Reclaimers of hazardous secondary
material excluded from regulation under this exclusion and intermediate
facilities as defined in §260.10 of this rule satisfy all of the following
conditions:
(A) The reclaimer and intermediate
facility must maintain at its facility for no less than three (3) years records
of all shipments of hazardous secondary material that were received at the
facility and, if applicable, for all shipments of hazardous secondary materials
that were received and subsequently sent off-site from the facility for further
reclamation. For each shipment, these records must at a minimum contain the
following information:
(1) Name of the
transporter and date of the shipment;
(2) Name and address of the hazardous
secondary material generator and, if applicable, the name and address of the
reclaimer or intermediate facility which the hazardous secondary materials were
received from;
(3) The type and
quantity of hazardous secondary material in the shipment; and
(4) For hazardous secondary materials that,
after being received by the reclaimer or intermediate facility, were
subsequently transferred off-site for further reclamation, the name and address
of the (subsequent) reclaimer and, if applicable, the name and address of each
intermediate facility to which the hazardous secondary material was
sent.
(B) The
intermediate facility must send the hazardous secondary material to the
reclaimer(s) designated by the hazardous secondary materials
generator.
(C) The reclaimer and
intermediate facility must send to the hazardous secondary material generator
confirmations of receipt for all off-site shipments of hazardous secondary
materials. Confirmations of receipt must include the name and address of the
reclaimer (or intermediate facility), the type and quantity of the hazardous
secondary materials received and the date which the hazardous secondary
materials were received. This requirement may be satisfied by routine business
records (e.g., financial records, bills of lading, copies of DOT shipping
papers, or electronic confirmations of receipt).
(D) The reclaimer and intermediate facility
must manage the hazardous secondary material in a manner that is at least as
protective as that employed for analogous raw material and must be contained.
An "analogous raw material" is a raw material for which a hazardous secondary
material is a substitute and serves the same function and has similar physical
and chemical properties as the hazardous secondary material.
(E) Any residuals that are generated from
reclamation processes will be managed in a manner that is protective of human
health and the environment. If any residuals exhibit a hazardous characteristic
according to Subsection C of APC&EC Rule No. 23 Section 261, or if they
themselves are specifically listed in Subsection D of APC&EC Rule No. 23
Section 261, such residuals are hazardous wastes and must be managed in
accordance with the applicable requirements of APC&EC Rule No. 23 Sections
260 through 272.
(F) The reclaimer
and intermediate facility have financial assurance as required under Subsection
H of APC&EC Rule No. 23 Section 261.
(vii) In addition, all persons claiming the
exclusion under this paragraph (a)(24) of this section provide notification as
required under § 260.42 of this rule.
(25) Hazardous secondary material that is
exported from the United States and reclaimed at a reclamation facility located
in a foreign country is not a solid waste, provided that the hazardous
secondary material generator complies with the applicable requirements of
paragraph (a)(24)(i)-(v) of this section (excepting paragraph (a)(24)(v)(B)(2)
of this section for foreign reclaimers and foreign intermediate facilities),
and that the hazardous secondary material generator also complies with the
following requirements:
(i) Notify EPA of an
intended export before the hazardous secondary material is scheduled to leave
the United States. A complete notification must be submitted at least sixty
(60) days before the initial shipment is intended to be shipped off-site. This
notification may cover export activities extending over a twelve (12) month or
lesser period. The notification must be in writing, signed by the hazardous
secondary material generator, and include the following information:
(A) Name, mailing address, telephone number
and EPA ID number (if applicable) of the hazardous secondary material
generator;
(B) A description of the
hazardous secondary material and the EPA hazardous waste number that would
apply if the hazardous secondary material was managed as hazardous waste and
the U.S. DOT proper shipping name, hazard class and ID number (UN/NA) for each
hazardous secondary material as identified in 49 CFR parts 171 through
177;
(C) The estimated frequency or
rate at which the hazardous secondary material is to be exported and the period
of time over which the hazardous secondary material is to be
exported;
(D) The estimated total
quantity of hazardous secondary material;
(E) All points of entry to and departure from
each foreign country through which the hazardous secondary material will
pass;
(F) A description of the
means by which each shipment of the hazardous secondary material will be
transported (e.g., mode of transportation vehicle (air, highway, rail, water,
etc.), type(s) of container (drums, boxes, tanks, etc.));
(G) A description of the manner in which the
hazardous secondary material will be reclaimed in the country of
import;
(H) The name and address of
the reclaimer, any intermediate facility and any alternate reclaimer and
intermediate facilities; and
(I)
The name of any countries of transit through which the hazardous secondary
material will be sent and a description of the approximate length of time it
will remain in such countries and the nature of its handling while there (for
purposes of this section, the terms "EPA Acknowledgement of Consent", "country
of import" and "country of transit" are used as defined in
40
CFR 262.81 with the exception that the terms
in this section refer to hazardous secondary materials, rather than hazardous
waste):
(ii)
Notifications must be submitted electronically using EPA's Waste Import Export
Tracking System (WIETS), or its successor system.
(iii) Except for changes to the telephone
number in paragraph (a)(25)(i)(A) of this section and decreases in the quantity
of hazardous secondary material indicated pursuant to paragraph (a)(25)(i)(D)
of this section, when the conditions specified on the original notification
change (including any exceedance of the estimate of the quantity of hazardous
secondary material specified in the original notification), the hazardous
secondary material generator must provide EPA with a written renotification of
the change. The shipment cannot take place until consent of the country of
import to the changes (except for changes to paragraph (a)(25)(i)(I) of this
section and in the ports of entry to and departure from countries of transit
pursuant to paragraphs (a)(25)(i)(E) of this section) has been obtained and the
hazardous secondary material generator receives from EPA an EPA Acknowledgment
of Consent reflecting the country of import's consent to the changes.
(iv) Upon request by EPA, the hazardous
secondary material generator shall furnish to EPA any additional information
which a country of import requests in order to respond to a
notification.
(v) EPA will provide
a complete notification to the country of import and any countries of transit.
A notification is complete when EPA receives a notification which EPA
determines satisfies the requirements of paragraph (a)(25)(i) of this section.
Where a claim of confidentiality is asserted with respect to any notification
information required by paragraph (a)(25)(i) of this section, EPA may find the
notification not complete until any such claim is resolved in accordance with
40 CFR
260.2.
(vi) The export of hazardous secondary
material under this paragraph (a)(25) is prohibited unless the country of
import consents to the intended export. When the country of import consents in
writing to the receipt of the hazardous secondary material, EPA will send an
EPA Acknowledgment of Consent to the hazardous secondary material generator.
Where the country of import objects to receipt of the hazardous secondary
material or withdraws a prior consent, EPA will notify the hazardous secondary
material generator in writing. EPA will also notify the hazardous secondary
material generator of any responses from countries of transit.
(vii) For exports to OECD Member countries,
the receiving country may respond to the notification using tacit consent. If
no objection has been lodged by any country of import or countries of transit
to a notification provided pursuant to paragraph (a)(25)(i) of this section
within thirty (30) days after the date of issuance of the acknowledgement of
receipt of notification by the competent authority of the country of import,
the transboundary movement may commence. In such cases, EPA will send an EPA
Acknowledgment of Consent to inform the hazardous secondary material generator
that the country of import and any relevant countries of transit have not
objected to the shipment, and are thus presumed to have consented tacitly.
Tacit consent expires one (1) calendar year after the close of the thirty (30)
day period; renotification and renewal of all consents is required for exports
after that date.
(viii) A copy of
the EPA Acknowledgment of Consent must accompany the shipment. The shipment
must conform to the terms of the EPA Acknowledgment of Consent.
(ix) If a shipment cannot be delivered for
any reason to the reclaimer, intermediate facility or the alternate reclaimer
or alternate intermediate facility, the hazardous secondary material generator
must re-notify EPA of a change in the conditions of the original notification
to allow shipment to a new reclaimer in accordance with paragraph (iii) of this
section and obtain another EPA Acknowledgment of Consent.
(x) Hazardous secondary material generators
must keep a copy of each notification of intent to export and each EPA
Acknowledgment of Consent for a period of three years following receipt of the
EPA Acknowledgment of Consent. They may satisfy this recordkeeping requirement
by retaining electronically submitted notifications or electronically generated
Acknowledgements in their account on EPA's Waste Import Export Tracking System
(WIETS), or its successor system, provided that such copies are readily
available for viewing and production if requested by any EPA or authorized
state inspector. No hazardous secondary material generator may be held liable
for the inability to produce a notification or Acknowledgement for inspection
under this section if they can demonstrate that the inability to produce such
copies are due exclusively to technical difficulty with EPA's Waste Import
Export Tracking System (WIETS), or its successor system for which the hazardous
secondary material generator bears no responsibility.
(xi) Hazardous secondary material generators
must file with the Administrator no later than March 1 of each year, a report
summarizing the types, quantities, frequency and ultimate destination of all
hazardous secondary materials exported during the previous calendar year.
Annual reports must be submitted electronically using EPA's Waste Import Export
Tracking System (WIETS), or its successor system. Such reports must include the
following information:
(A) Name, mailing and
site address, and EPA ID number (if applicable) of the hazardous secondary
material generator;
(B) The
calendar year covered by the report;
(C) The name and site address of each
reclaimer and intermediate facility;
(D) By reclaimer and intermediate facility,
for each hazardous secondary material exported, a description of the hazardous
secondary material and the EPA hazardous waste number that would apply if the
hazardous secondary material was managed as hazardous waste, the DOT hazard
class, the name and U.S. EPA ID number (where applicable) for each transporter
used, the total amount of hazardous secondary material shipped and the number
of shipments pursuant to each notification;
(E) A certification signed by the hazardous
secondary material generator which states: "I certify under penalty of law that
I have personally examined and am familiar with the information submitted in
this and all attached documents, and that based on my inquiry of those
individuals immediately responsible for obtaining the information, I believe
that the submitted information is true, accurate, and complete. I am aware that
there are significant penalties for submitting false information including the
possibility of fine and imprisonment."
(xii) All persons claiming an exclusion under
this paragraph (a)(25) must provide notification as required by §260.42 of
this rule.
(26)
"Solvent-contaminated wipes that are sent for cleaning and reuse are not solid
wastes from the point of generation, provided that
(i) The solvent-contaminated wipes, when
accumulated, stored, and transported, are contained in non-leaking, closed
containers that are labeled "Excluded Solvent-Contaminated Wipes." The
containers must be able to contain free liquids, should free liquids occur.
During accumulation, a container is considered closed when there is complete
contact between the fitted lid and the rim, except when it is necessary to add
or remove solvent-contaminated wipes. When the container is full, or when the
solvent-contaminated wipes are no longer being accumulated, or when the
container is being transported, the container must be sealed with all lids
properly and securely affixed to the container and all openings tightly bound
or closed sufficiently to prevent leaks and emissions;
(ii) The solvent-contaminated wipes may be
accumulated by the generator for up to 180 days from the start date of
accumulation for each container prior to being sent for cleaning;
(iii) At the point of being sent for cleaning
on-site or at the point of being transported off-site for cleaning, the
solvent-contaminated wipes must contain no free liquids as defined in §
260.10;
(iv) Free liquids removed
from the solvent-contaminated wipes or from the container holding the wipes
must be managed according to the applicable rules found in Rule 23 §§
260 through 273;
(v) Generators
must maintain at their site the following documentation:
(A) Name and address of the laundry or dry
cleaner that is receiving the solvent-contaminated wipes;
(B) Documentation that the 180-day
accumulation time limit in Rule 23 § 261.4(a)(26)(ii) is being
met;
(C) Description of the process
the generator is using to ensure the solvent-contaminated wipes contain no free
liquids at the point of being laundered or dry cleaned on-site or at the point
of being transported off-site for laundering or dry cleaning;
(vi) The solvent-contaminated
wipes are sent to a laundry or dry cleaner whose discharge, if any, is
regulated under §§ 301 and 402 or section 307 of the Clean Water
Act."
(27) Hazardous
secondary material that is generated and then transferred to another person for
the purpose of remanufacturing is not a solid waste, provided that:
(i) The hazardous secondary material consists
of one or more of the following spent solvents: toluene, xylenes, ethylbenzene,
1,2,4-trimethylbenzene, chlorobenzene, n-hexane, cyclohexane, methyl tert-butyl
ether, acetonitrile, chloroform, chloromethane, dichloromethane, methyl
isobutyl ketone, NN-dimethylformamide, tetrahydrofuran, n-butyl alcohol,
ethanol, and/or methanol;
(ii) The
hazardous secondary material originated from using one or more of the solvents
listed in paragraph (a)(27)(i) of this section in a commercial grade for
reacting, extracting, purifying, or blending chemicals (or for rinsing out the
process lines associated with these functions) in the pharmaceutical
manufacturing (NAICS 325412), basic organic chemical manufacturing (NAICS
325199), plastics and resins manufacturing (NAICS 325211), and/or the paints
and coatings manufacturing sectors (NAICS 325510).
(iii) The hazardous secondary material
generator sends the hazardous secondary material spent solvents listed in
paragraph (a)(27)(i) of this section to a remanufacturer in the pharmaceutical
manufacturing (NAICS 325412), basic organic chemical manufacturing (NAICS
325199), plastics and resins manufacturing (NAICS 325211), and/or the paints
and coatings manufacturing sectors (NAICS 325510).
(iv) After remanufacturing one or more of the
solvents listed in paragraph (a)(27)(i) of this section, the use of the
remanufactured solvent shall be limited to reacting, extracting, purifying, or
blending chemicals (or for rinsing out the process lines associated with these
functions) in the pharmaceutical manufacturing (NAICS 325412), basic organic
chemical manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS
325211), and the paints and coatings manufacturing sectors (NAICS 325510) or to
using them as ingredients in a product. These allowed uses correspond to
chemical functional uses enumerated under the Chemical Data Reporting Rule of
the Toxic Substances Control Act (40 CFR parts 704, 710-711), including
Industrial Function Codes U015 (solvents consumed in a reaction to produce
other chemicals) and U030 (solvents become part of the mixture);
(v) After remanufacturing one or more of the
solvents listed in paragraph (a)(27)(i) of this section, the use of the
remanufactured solvent does not involve cleaning or degreasing oil, grease, or
similar material from textiles, glassware, metal surfaces, or other articles.
(These disallowed continuing uses correspond to chemical functional uses in
Industrial Function Code U029 under the Chemical Data Reporting Rule of the
Toxics Substances Control Act.); and
(vi) Both the hazardous secondary material
generator and the remanufacturer must:
(A)
Notify EPA or the State Director, if the state is authorized for the program,
and update the notification every two years per § 260.42;
(B) Develop and maintain an up-to-date
remanufacturing plan which identifies:
(1) The
name, address and EPA ID number of the generator(s) and the
remanufacturer(s),
(2) The types
and estimated annual volumes of spent solvents to be remanufactured,
(3) The processes and industry sectors that
generate the spent solvents,
(4)
The specific uses and industry sectors for the remanufactured solvents,
and
(5) A certification from the
remanufacturer stating "on behalf of [insert remanufacturer facility name], I
certify that this facility is a remanufacturer under pharmaceutical
manufacturing (NAICS 325412), basic organic chemical manufacturing (NAICS
325199), plastics and resins manufacturing (NAICS 325211), and/or the paints
and coatings manufacturing sectors (NAICS 325510), and will accept the spent
solvent(s) for the sole purpose of remanufacturing into commercial-grade
solvent(s) that will be used for reacting, extracting, purifying, or blending
chemicals (or for rinsing out the process lines associated with these
functions) or for use as product ingredient(s). I also certify that the
remanufacturing equipment, vents, and tanks are equipped with and are operating
air emission controls in compliance with the appropriate Clean Air Act
regulations under 40 CFR Part 60, part 61 or part 63, or, absent such Clean Air
Act standards for the particular operation or piece of equipment covered by the
remanufacturing exclusion, are in compliance with the appropriate standards in
APC&EC Rule No. 23 Section 261, Subsections AA (vents), BB (equipment) and
CC (tank storage),";
(C)
Maintain records of shipments and confirmations of receipts for a period of
three years from the dates of the shipments;
(D) Prior to remanufacturing, store the
hazardous spent solvents in tanks or containers that meet technical standards
found in Subsections I and J of APC&EC Rule No. 23 Section 261, with the
tanks and containers being labeled or otherwise having an immediately available
record of the material being stored;
(E) During remanufacturing, and during
storage of the hazardous secondary materials prior to remanufacturing, the
remanufacturer certifies that the remanufacturing equipment, vents, and tanks
are equipped with and are operating air emission controls in compliance with
the appropriate Clean Air Act regulations under 40 CFR part 60, part 61 or part
63; or, absent such Clean Air Act standards for the particular operation or
piece of equipment covered by the remanufacturing exclusion, are in compliance
with the appropriate standards in APC&EC Rule No. 23 Section 261
Subsections AA (vents), BB (equipment) and CC (tank storage); and
(F) Meet the requirements prohibiting
speculative accumulation per § 261.1(c)(8).
(b) Solid wastes which
are not hazardous wastes. The following solid wastes are not hazardous wastes:
(1) Household waste, including household
waste that has been collected, transported, stored, treated, disposed,
recovered (e.g., refuse-derived fuel) or reused. "Household waste" means any
material (including garbage, trash and sanitary wastes in septic tanks) derived
from households (including single and multiple residences, hotels and motels,
bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and
day-use recreation areas). A resource recovery facility managing municipal
solid waste shall not be deemed to be treating, storing, disposing of, or
otherwise managing hazardous wastes for the purposes of regulation under this
subtitle, if such facility:
(i) Receives and
burns only
(A) Household waste (from single
and multiple dwellings, hotels, motels, and other residential sources)
and
(B) Solid waste from commercial
or industrial sources that does not contain hazardous waste; and
(ii) Such facility does not accept
hazardous wastes and the owner or operator of such facility has established
contractual requirements or other appropriate notification or inspection
procedures to assure that hazardous wastes are not received at or burned in
such facility.
(2) Solid
wastes generated by any of the following and which are returned to the soils as
fertilizers:
(i) The growing and harvesting of
agricultural crops.
(ii) The
raising of animals, including animal manures.
(3) Mining overburden returned to the mine
site.
(4)
(i) Fly ash waste, bottom ash waste, slag
waste, and flue gas emission control waste, generated primarily from the
combustion of coal or other fossil fuels, except as provided by § 266.112
of this rule for facilities that burn or process hazardous waste.
(ii) The following wastes generated primarily
from processes that support the combustion of coal or other fossil fuels that
are co-disposed with the wastes in paragraph (b)(4)(i) of this section, except
as provided by § 266.112 of this rule for facilities that burn or process
hazardous waste:
(A) Coal pile run-off. For
purposes of paragraph (b)(4) of this section, coal pile runoff means any
precipitation that drains off coal piles.
(B) Boiler cleaning solutions. For purposes
of paragraph (b)(4) of this section, boiler cleaning solutions means water
solutions and chemical solutions used to clean the fire-side and water-side of
the boiler.
(C) Boiler blowdown.
For purposes of paragraph (b)(4) of this section, boiler blowdown means water
purged from boilers used to generate steam.
(D) Process water treatment and demineralizer
regeneration wastes. For purposes of paragraph (b)(4) of this section, process
water treatment and demineralizer regeneration wastes means sludges, rinses,
and spent resins generated from processes to remove dissolved gases, suspended
solids, and dissolved chemical salts from combustion system process
water.
(E) Cooling tower blowdown.
For purposes of paragraph (b)(4) of this section, cooling tower blowdown means
water purged from a closed cycle cooling system. Closed cycle cooling systems
include cooling towers, cooling ponds, or spray canals.
(F) Air heater and precipitator washes. For
purposes of paragraph (b)(4) of this section, air heater and precipitator
washes means wastes from cleaning air preheaters and electrostatic
precipitators.
(G) Effluents from
floor and yard drains and sumps. For purposes of paragraph (b)(4) of this
section, effluents from floor and yard drains and sumps means wastewaters, such
as wash water, collected by or from floor drains, equipment drains, and sumps
located inside the power plant building; and wastewaters, such as rain runoff,
collected by yard drains and sumps located outside the power plant
building.
(H) Wastewater treatment
sludges. For purposes of paragraph (b)(4) of this section, wastewater treatment
sludges refers to sludges generated from the treatment of wastewaters specified
in paragraphs (b)(4)(ii)(A) through (F) of this section.
(5) Drilling fluids, produced
waters, and other wastes associated with the exploration, development, or
production of crude oil, natural gas or geothermal energy.
(6)
(i)
Wastes which fail the test for the Toxicity Characteristic because chromium is
present or are listed in subsection D due to the presence of chromium, which do
not fail the test for the Toxicity Characteristic for any other constituent or
are not listed due to the presence of any other constituent, and which do not
fail the test for any other characteristic, if it is shown by a waste generator
or by waste generators that:
(A) The chromium
in the waste is exclusively (or nearly exclusively) trivalent chromium;
and
(B) The waste is generated from
an industrial process which uses trivalent chromium exclusively (or nearly
exclusively) and the process does not generate hexavalent chromium;
and
(C) The waste is typically and
frequently managed in non-oxidizing environments.
(ii) Specific wastes which meet the standard
in paragraphs (b)(6)(i) (A), (B), and (C) (so long as they do not fail the test
for the toxicity characteristic for any other constituent, and do not exhibit
any other characteristic) are:
(A) Chrome
(blue) trimmings generated by the following subcategories of the leather
tanning and finishing industry; hair pulp/chrome tan/retan/wet finish; hair
save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse;
through-the-blue; and shearling.
(B) Chrome (blue) shavings generated by the
following subcategories of the leather tanning and finishing industry: Hair
pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish;
retan/wet finish; no beamhouse; through-the-blue; and shearling.
(C) Buffing dust generated by the following
subcategories of the leather tanning and finishing industry; hair pulp/chrome
tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish;
no beamhouse; through-the-blue.
(D)
Sewer screenings generated by the following subcategories of the leather
tanning and finishing industry: Hair pulp/chrome tan/retan/wet finish; hair
save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse;
through-the-blue; and shearling.
(E) Wastewater treatment sludges generated by
the following subcategories of the leather tanning and finishing industry: Hair
pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish;
retan/wet finish; no beamhouse; through-the-blue; and shearling.
(F) Wastewater treatment sludges generated by
the following subcategories of the leather tanning and finishing industry: Hair
pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; and
through-the-blue.
(G) Waste scrap
leather from the leather tanning industry, the shoe manufacturing industry, and
other leather product manufacturing industries.
(H) Wastewater treatment sludges from the
production of TiO2 pigment using chromium-bearing ores
by the chloride process.
(7) Solid waste from the extraction,
beneficiation, and processing of ores and minerals (including coal, phosphate
rock, and overburden from the mining of uranium ore), except as provided by
§266.112 of this rule for facilities that burn or process hazardous waste.
(i) For purposes of § 261.4(b)(7),
beneficiation of ores and minerals is restricted to the following activities;
crushing; grinding; washing; dissolution; crystallization; filtration; sorting;
sizing; drying; sintering; pelletizing; briquetting; calcining to remove water
and/or carbon dioxide; roasting, autoclaving, and/or chlorination in
preparation for leaching (except where the roasting (and/or autoclaving and/or
chlorination) /leaching sequence produces a final or intermediate product that
does not undergo further beneficiation or processing); gravity concentration;
magnetic separation; electrostatic separation; flotation; ion exchange; solvent
extraction; electrowinning; precipitation; amalgamation; and heap, dump, vat,
tank, and in situ leaching.
(ii)
For the purposes of §261.4(b)(7), solid waste from the processing of ores
and minerals includes only the following wastes as generated:
(A) Slag from primary copper
processing;
(B) Slag from primary
lead processing;
(C) Red and brown
muds from bauxite refining;
(D)
Phosphogypsum from phosphoric acid production;
(E) Slag from elemental phosphorus
production;
(F) Gasifier ash from
coal gasification;
(G) Process
wastewater from coal gasification;
(H) Calcium sulfate wastewater treatment
plant sludge from primary copper processing;
(I) Slag tailings from primary copper
processing;
(J) Fluorogypsum from
hydrofluoric acid production;
(K)
Process wastewater from hydrofluoric acid production;
(L) Air pollution control dust/sludge from
iron blast furnaces;
(M) Iron blast
furnace slag;
(N) Treated residue
from roasting/leaching of chrome ore;
(O) Process wastewater from primary magnesium
processing by the anhydrous process;
(P) Process wastewater from phosphoric acid
production;
(Q) Basic oxygen
furnace and open hearth furnace air pollution control dust/sludge from carbon
steel production;
(R) Basic oxygen
furnace and open hearth furnace slag from carbon steel production;
(S) Chloride process waste solids from
titanium tetrachloride production;
(T) Slag from primary zinc
processing.
(iii) A
residue derived from co-processing mineral processing secondary materials with
normal beneficiation raw materials or with normal mineral processing raw
materials remains excluded under paragraph (b) of this section if the owner or
operator:
(A) Processes at least 50 percent by
weight normal beneficiation raw materials or normal mineral processing raw
materials; and,
(B) Legitimately
reclaims the secondary mineral processing materials.
(8) Cement kiln dust waste, except
as provided by § 266.112 of this rule for facilities that burn or process
hazardous waste.
(9) Solid waste
which consists of discarded arsenical-treated wood or wood products which fails
the test for the Toxicity Characteristic for Hazardous Waste Codes D004 through
D017 and which is not a hazardous waste for any other reason if the waste is
generated by persons who utilize the arsenical-treated wood and wood products
for these materials' intended end use.
(10) Petroleum-contaminated media and debris
that fail the test for the Toxicity Characteristic of § 261.24 (Hazardous
Waste Codes D018 through D043 only) and are subject to the corrective action
regulations under 40 CFR 280.
(11)
Injected groundwater that is hazardous only because it exhibits the Toxicity
Characteristic (Hazardous Waste Codes D018 through D043 only) in § 261.24
of this section that is reinjected through an underground injection well
pursuant to free phase hydrocarbon recovery operations undertaken at petroleum
refineries, petroleum marketing terminals, petroleum bulk plants, petroleum
pipelines, and petroleum transportation spill sites until January 25, 1993.
This extension applies to recovery operations in existence, or for which
contracts have been issued, on or before March 25, 1991. For groundwater
returned through infiltration galleries from such operations at petroleum
refineries, marketing terminals, and bulk plants, until October 2, 1991. New
operations involving injection wells (beginning after March 25, 1991) will
qualify for this compliance date extension (until January 25, 1993) only if:
(i) Operations are performed pursuant to a
written state agreement that includes a provision to assess the groundwater and
the need for further remediation once the free phase recovery is completed;
and
(ii) A copy of the written
agreement has been submitted to: Characteristics Section (OS-333), U.S.
Environmental Protection Agency, 401 M Street, SW., Washington, DC
20460.
(12) Used
chlorofluorocarbon refrigerants from totally enclosed heat transfer equipment,
including mobile air conditioning systems, mobile refrigeration, and commercial
and industrial air conditioning and refrigeration systems that use
chlorofluorocarbons as the heat transfer fluid in a refrigeration cycle,
provided the refrigerant is reclaimed for further use.
(13) Non-terne plated used oil filters that
are not mixed with wastes listed in subsection D of this section if these oil
filters have been gravity hot-drained using one of the following methods:
(i) Puncturing the filter anti-drain back
valve or the filter dome end and hot-draining;
(ii) Hot-draining and crushing;
(iii) Dismantling and hot-draining;
or
(iv) Any other equivalent
hot-draining method that will remove used oil.
(14) Used oil re-refining distillation
bottoms that are used as feedstock to manufacture asphalt products.
(15) Leachate or gas condensate collected
from landfills where certain solid wastes have been disposed, provided that:
(i) The solid wastes disposed would meet one
or more of the listing descriptions for Hazardous Waste Codes K169, K170, K171,
K172, K174, K175, K176, K177, K178, and K181 if these wastes had been generated
after the effective date of the listing;
(ii) The solid wastes described in paragraph
(b)(15)(i) of this section were disposed prior to the effective date of the
listing;
(iii) The leachate or gas
condensate do not exhibit any characteristic of hazardous waste nor are derived
from any other listed hazardous waste;
(iv) Discharge of the leachate or gas
condensate, including leachate or gas condensate transferred from the landfill
to a POTW by truck, rail, or dedicated pipe, is subject to regulation under
sections 307(b) or 402 of the Clean Water Act.
(v) After February 13, 2001, leachate or gas
condensate derived from K169-172 is no longer exempt if it is stored or managed
in a surface impoundment prior to discharge. After November 21, 2003, leachate
or gas condensate derived from K176, K177, and K178 will no longer be exempt if
it is stored or managed in a surface impoundment prior to discharge. After
February 26, 2007, leachate or gas condensate derived from K181 will no longer
be exempt if it is stored or managed in a surface impoundment prior to
discharge. There is one exception: if the surface impoundment is used to
temporarily store leachate or gas condensate in response to an emergency
situation (e.g., shutdown of wastewater treatment system), provided the
impoundment has a double liner, and provided the leachate or gas condensate is
removed from the impoundment and continues to be managed in compliance with the
conditions of this paragraph (b)(15)(v) after the emergency ends.
(16-17) [Reserved]
(18) "Solvent-contaminated wipes, except for
wipes that are hazardous waste due to the presence of trichloroethylene, that
are sent for disposal are not hazardous waste from the point of generation
provided that
(i) The solvent-contaminated
wipes, when accumulated, stored, and transported, are contained in non-leaking,
closed containers that are labeled "Excluded Solvent-Contaminated Wipes." The
containers must be able to contain free liquids, should free liquids occur.
During accumulation, a container is considered closed when there is complete
contact between the fitted lid and the rim, except when it is necessary to add
or remove solvent-contaminated wipes. When the container is full, or when the
solvent-contaminated wipes are no longer being accumulated, or when the
container is being transported, the container must be sealed with all lids
properly and securely affixed to the container and all openings tightly bound
or closed sufficiently to prevent leaks and emissions;
(ii) The solvent-contaminated wipes may be
accumulated by the generator for up to 180 days from the start date of
accumulation for each container prior to being sent for disposal;
(iii) At the point of being transported for
disposal, the solvent-contaminated wipes must contain no free liquids as
defined in § 260.10;
(iv) Free
liquids removed from the solvent-contaminated wipes or from the container
holding the wipes must be managed according to the applicable rules found in
Rule 23 §§ 260 through 273;
(v) Generators must maintain at their site
the following documentation:
(A) Name and
address of the landfill or combustor that is receiving the solvent-contaminated
wipes;
(B) Documentation that the
180 day accumulation time limit in Rule 23 § 261.4(b)(18)(ii) is being
met;
(C) Description of the process
the generator is using to ensure solvent-contaminated wipes contain no free
liquids at the point of being transported for disposal;
(vi) The solvent-contaminated wipes are sent
for disposal:
(A) To a municipal solid waste
landfill regulated under Rule 22.701, or to a hazardous waste landfill
regulated under Rule 23 §§ 264 or 265; or
(B) To a municipal waste combustor or other
combustion facility regulated under § 129 of the Clean Air Act or to a
hazardous waste combustor, boiler, or industrial furnace regulated under Rule
23 §§ 264, 265, or 266 Subsection H."
(c) Hazardous wastes which are
exempted from certain rules. A hazardous waste which is generated in a product
or raw material storage tank, a product or raw material transport vehicle or
vessel, a product or raw material pipeline, or in a manufacturing process unit
or an associated non-waste-treatment-manufacturing unit, is not subject to
regulation under sections 262 through 265, 268, 270 of this rule, 40 CFR Part
271 and Part 124, or to the notification requirements of section 3010 of RCRA
until it exits the unit in which it was generated, unless the unit is a surface
impoundment, or unless the hazardous waste remains in the unit more than 90
days after the unit ceases to be operated for manufacturing, or for storage or
transportation of product or raw materials.
(d) Samples.
(1) Except as provided in paragraph (d)(2)
and (4) of this section, a sample of solid waste or a sample of water, soil, or
air, which is collected for the sole purpose of testing to determine its
characteristics or composition, is not subject to any requirements of this
section or sections 262 through 268 or section 270 of this rule or 40 CFR Part
124 or to the notification requirements of section 3010 of RCRA, when:
(i) The sample is being transported to a
laboratory for the purpose of testing; or
(ii) The sample is being transported back to
the sample collector after testing; or
(iii) The sample is being stored by the
sample collector before transport to a laboratory for testing; or
(iv) The sample is being stored in a
laboratory before testing; or
(v)
The sample is being stored in a laboratory after testing but before it is
returned to the sample collector; or
(vi) The sample is being stored temporarily
in the laboratory after testing for a specific purpose (for example, until
conclusion of a court case or enforcement action where further testing of the
sample may be necessary).
(2) In order to qualify for the exemption in
paragraphs (d)(1) (i) and (ii) of this section, a sample collector shipping
samples to a laboratory and a laboratory returning samples to a sample
collector must:
(i) Comply with U.S.
Department of Transportation (DOT), U.S. Postal Service (USPS), or any other
applicable shipping requirements; or
(ii) Comply with the following requirements
if the sample collector determines that DOT, USPS, or other shipping
requirements do not apply to the shipment of the sample:
(A) Assure that the following information
accompanies the sample:
(1) The sample
collector's name, mailing address, and telephone number;
(2) The laboratory's name, mailing address,
and telephone number;
(3) The
quantity of the sample;
(4) The
date of shipment; and
(5) A
description of the sample.
(B) Package the sample so that it does not
leak, spill, or vaporize from its packaging.
(3) This exemption does not apply if the
laboratory determines that the waste is hazardous but the laboratory is no
longer meeting any of the conditions stated in paragraph (d)(1) of this
section.
(4) In order to qualify
for the exemption in paragraphs (d)(1)(i) and (ii) of this section, the mass of
a sample that will be exported to a foreign laboratory or that will be imported
to a U.S. laboratory from a foreign source must additionally not exceed 25
kg.
(e) Treatability
Study Samples.
(1) Except as provided in
paragraph (e)(2) and (4) of this section, persons who generate or collect
samples for the purpose of conducting treatability studies as defined in
section 260.10, are not subject to any requirement of sections 261 through 263
of this rule or to the notification requirements of Section 3010 of RCRA, nor
are such samples included in the quantity determinations of § 261.5 and
§ 262.34(d) when:
(i) The sample is
being collected and prepared for transportation by the generator or sample
collector; or
(ii) The sample is
being accumulated or stored by the generator or sample collector prior to
transportation to a laboratory or testing facility; or
(iii) The sample is being transported to the
laboratory or testing facility for the purpose of conducting a treatability
study.
(2) The exemption
in paragraph (e)(1) of this section is applicable to samples of hazardous waste
being collected and shipped for the purpose of conducting treatability studies
provided that:
(i) The generator or sample
collector uses (in "treatability studies") no more than 10,000 kg of media
contaminated with non-acute hazardous waste, 1000 kg of non-acute hazardous
waste other than contaminated media, 1 kg of acute hazardous waste, 2500 kg of
media contaminated with acute hazardous waste for each process being evaluated
for each generated waste stream; and
(ii) The mass of each sample shipment does
not exceed 10,000 kg; the 10,000 kg quantity may be all media contaminated with
non-acute hazardous waste, or may include 2500 kg of media contaminated with
acute hazardous waste, 1000 kg of hazardous waste, and 1 kg of acute hazardous
waste; and
(iii) The sample must be
packaged so that it will not leak, spill, or vaporize from its packaging during
shipment and the requirements of paragraph A or B of this subparagraph are met.
(A) The transportation of each sample
shipment complies with U.S. Department of Transportation (DOT), U.S. Postal
Service (USPS), or any other applicable shipping requirements; or
(B) If the DOT, USPS, or other shipping
requirements do not apply to the shipment of the sample, the following
information must accompany the sample:
(1) The
name, mailing address, and telephone number of the originator of the
sample;
(2) The name, address, and
telephone number of the facility that will perform the treatability
study;
(3) The quantity of the
sample;
(4) The date of shipment;
and
(5) A description of the
sample, including its EPA Hazardous Waste Number.
(iv) The sample is shipped to a
laboratory or testing facility which is exempt under § 261.4(f) or has an
appropriate RCRA permit or interim status.
(v) The generator or sample collector
maintains the following records for a period ending 3 years after completion of
the treatability study:
(A) Copies of the
shipping documents;
(B) A copy of
the contract with the facility conducting the treatability study;
(C) Documentation showing:
(1) The amount of waste shipped under this
exemption;
(2) The name, address,
and EPA identification number of the laboratory or testing facility that
received the waste;
(3) The date
the shipment was made; and
(4)
Whether or not unused samples and residues were returned to the
generator.
(vi)
The generator reports the information required under paragraph (e)(2)(v)(C) of
this section in its annual report.
(3) The Director may grant requests on a
case-by-case basis for up to an additional two years for treatability studies
involving bioremediation. The Director may grant requests on a case-by-case
basis for quantity limits in excess of those specified in paragraphs (e)(2) (i)
and (ii) and (f)(4) of this section, for up to an additional 5000 kg of media
contaminated with non-acute hazardous waste, 500 kg of non-acute hazardous
waste, 2500 kg of media contaminated with acute hazardous waste and 1 kg of
acute hazardous waste:
(i) In response to
requests for authorization to ship, store and conduct treatability studies on
additional quantities in advance of commencing treatability studies. Factors to
be considered in reviewing such requests include the nature of the technology,
the type of process (e.g., batch versus continuous), size of the unit
undergoing testing (particularly in relation to scale-up considerations), the
time/quantity of material required to reach steady state operating conditions,
or test design considerations such as mass balance calculations.
(ii) In response to requests for
authorization to ship, store and conduct treatability studies on additional
quantities after initiation or completion of initial treatability studies,
when: There has been an equipment or mechanical failure during the conduct of a
treatability study; there is a need to verify the results of a previously
conducted treatability study; there is a need to study and analyze alternative
techniques within a previously evaluated treatment process; or there is a need
to do further evaluation of an ongoing treatability study to determine final
specifications for treatment.
(iii)
The additional quantities and timeframes allowed in paragraph (e)(3) (i) and
(ii) of this section are subject to all the provisions in paragraphs (e) (1)
and (e)(2) (iii) through (vi) of this section. The generator or sample
collector must apply to the Director and provide in writing the following
information:
(A) The reason why the generator
or sample collector requires additional time or quantity of sample for
treatability study evaluation and the additional time or quantity
needed;
(B) Documentation
accounting for all samples of hazardous waste from the waste stream which have
been sent for or undergone treatability studies including the date each
previous sample from the waste stream was shipped, the quantity of each
previous shipment, the laboratory or testing facility to which it was shipped,
what treatability study processes were conducted on each sample shipped, and
the available results on each treatability study;
(C) A description of the technical
modifications or change in specifications which will be evaluated and the
expected results;
(D) If such
further study is being required due to equipment or mechanical failure, the
applicant must include information regarding the reason for the failure or
breakdown and also include what procedures or equipment improvements have been
made to protect against further breakdowns; and
(E) Such other information that the Director
considers necessary.
(4) In order to qualify for the exemption in
paragraph (e)(1)(i) of this section, the mass of a sample that will be exported
to a foreign laboratory or testing facility, or that will be imported to a U.S.
laboratory or testing facility from a foreign source must additionally not
exceed 25 kg.
(f) Samples
Undergoing Treatability Studies at Laboratories and Testing Facilities. Samples
undergoing treatability studies and the laboratory or testing facility
conducting such treatability studies (to the extent such facilities are not
otherwise subject to RCRA requirements) are not subject to any requirement of
this section, 40 CFR Part 124, Sections 262-266, 268, and 270 of this rule, or
to the notification requirements of Section 3010 of RCRA provided that the
conditions of paragraphs (f) (1) through (11) of this section are met. A mobile
treatment unit (MTU) may qualify as a testing facility subject to paragraphs
(f) (1) through (11) of this section. Where a group of MTUs are located at the
same site, the limitations specified in (f) (1) through (11) of this section
apply to the entire group of MTUs collectively as if the group were one MTU.
(1) No less than 45 days before conducting
treatability studies, the facility notifies the Director in writing that it
intends to conduct treatability studies under this paragraph.
(2) The laboratory or testing facility
conducting the treatability study has an EPA identification number.
(3) No more than a total of 10,000 kg of "as
received" media contaminated with non-acute hazardous waste, 2500 kg of media
contaminated with acute hazardous waste or 250 kg of other "as received"
hazardous waste is subject to initiation of treatment in all treatability
studies in any single day. "As received" waste refers to the waste as received
in the shipment from the generator or sample collector.
(4) The quantity of "as received" hazardous
waste stored at the facility for the purpose of evaluation in treatability
studies does not exceed 10,000 kg, the total of which can include 10,000 kg of
media contaminated with non-acute hazardous waste, 2500 kg of media
contaminated with acute hazardous waste, 1000 kg of non-acute hazardous wastes
other than contaminated media, and 1 kg of acute hazardous waste. This quantity
limitation does not include treatment materials (including nonhazardous solid
waste) added to "as received" hazardous waste.
(5) No more than 90 days have elapsed since
the treatability study for the sample was completed, or no more than one year
(two years for treatability studies involving bioremediation) have elapsed
since the generator or sample collector shipped the sample to the laboratory or
testing facility, whichever date first occurs. Up to 500 kg of treated material
from a particular waste stream from treatability studies may be archived for
future evaluation up to five years from the date of initial receipt. Quantities
of materials archived are counted against the total storage limit for the
facility.
(6) The treatability
study does not involve the placement of hazardous waste on the land or open
burning of hazardous waste.
(7) The
facility maintains records for 3 years following completion of each study that
show compliance with the treatment rate limits and the storage time and
quantity limits. The following specific information must be included for each
treatability study conducted:
(i) The name,
address, and EPA identification number of the generator or sample collector of
each waste sample;
(ii) The date
the shipment was received;
(iii)
The quantity of waste accepted;
(iv) The quantity of "as received" waste in
storage each day;
(v) The date the
treatment study was initiated and the amount of "as received" waste introduced
to treatment each day;
(vi) The
date the treatability study was concluded;
(vii) The date any unused sample or residues
generated from the treatability study were returned to the generator or sample
collector or, if sent to a designated facility, the name of the facility and
the EPA identification number.
(8) The facility keeps, on-site, a copy of
the treatability study contract and all shipping papers associated with the
transport of treatability study samples to and from the facility for a period
ending 3 years from the completion date of each treatability study.
(9) The facility prepares and submits a
report to the Director by March 15 of each year that includes the following
information for the previous calendar year:
(i) The name, address, and EPA identification
number of the facility conducting the treatability studies;
(ii) The types (by process) of treatability
studies conducted;
(iii) The names
and addresses of persons for whom studies have been conducted (including their
EPA identification numbers);
(iv)
The total quantity of waste in storage each day;
(v) The quantity and types of waste subjected
to treatability studies;
(vi) When
each treatability study was conducted;
(vii) The final disposition of residues and
unused sample from each treatability study.
(10) The facility determines whether any
unused sample or residues generated by the treatability study are hazardous
waste under § 261.3 and, if so, are subject to sections 261 through 268,
and section 270 of this rule, unless the residues and unused samples are
returned to the sample originator under the § 261.4(e)
exemption.
(11) The facility
notifies the Director by letter when the facility is no longer planning to
conduct any treatability studies at the site.
(g) Dredged material that is not a hazardous
waste. Dredged material that is subject to the requirements of a permit that
has been issued under 404 of the Federal Water Pollution Control Act (33 U.S.C.
1344) or section 103 of the Marine
Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C.
1413) is not a hazardous waste. For this
paragraph (g), the following definitions apply:
(1) The term dredged material has the same
meaning as defined in
40
CFR 232.2;
(2) The term "permit" means:
(i) A permit issued by the U.S. Army Corps of
Engineers (Corps) or an approved State under section 404 of the Federal Water
Pollution Control Act (33 U.S.C.
1344);
(ii) A permit issued by the Corps under
section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C.
1413); or
(iii) In the case of Corps civil works
projects, the administrative equivalent of the permits referred to in
paragraphs (g)(2)(i) and (ii) of this section, as provided for in Corps
regulations (for example, see
33
CFR 336.1,
336.2,
and
337.6).
(h) Carbon
Dioxide Stream Injected for Geologic Sequestration. Carbon dioxide streams that
are captured and transported for purposes of injection into an underground
injection well subject to the requirements for Class VI Underground Injection
Control wells, including the requirements in 40 CFR Parts 144 and 146 of the
Underground Injection Control Program of the Safe Drinking Water Act, are not a
hazardous waste, provided the following conditions are met:
(1) Transportation of the carbon dioxide
stream must be in compliance with U.S. Department of Transportation
requirements, including the pipeline safety laws (49
U.S.C. §
60101 et seq.) and regulations
(49 C.F.R. Parts 190-199) of the U.S. Department of Transportation, and
pipeline safety regulations adopted and administered by a state authority
pursuant to a certification under
49 U.S.C. §
60105, as applicable.
(2) Injection of the carbon dioxide stream
must be in compliance with the applicable requirements for Class VI Underground
Injection Control wells, including the applicable requirements in 40 CFR Parts
144 and 146;
(3) No hazardous
wastes shall be mixed with, or otherwise co-injected with, the carbon dioxide
stream; and
(4)
(i) Any generator of a carbon dioxide stream,
who claims that a carbon dioxide stream is excluded under paragraph (h) of this
section, must have an authorized representative (as defined in
40
CFR 260.10) sign a certification statement
worded as follows:
I certify under penalty of law that the carbon dioxide stream that I am claiming to be excluded under 40 C.F.R. § 261.4(h) has not been mixed with hazardous wastes, and I have transported the carbon dioxide stream in compliance with (or have contracted with a pipeline operator or transporter to transport the carbon dioxide stream in compliance with) Department of Transportation requirements, including the pipeline safety laws (49 U.S.C. § 60101 et seq.) and regulations (49 C.F.R. Parts 190-199) of the U.S. Department of Transportation, and the pipeline safety regulations adopted and administered by a state authority pursuant to a certification under 49 U.S.C. § 60105, as applicable, for injection into a well subject to the requirements for the Class VI Underground Injection Control Program of the Safe Drinking Water Act.
(ii) Any Class VI Underground Injection
Control well owner or operator, who claims that a carbon dioxide stream is
excluded under paragraph (h) of this section, must have an authorized
representative (as defined in
40
CFR 260.10) sign a certification statement
worded as follows:
I certify under penalty of law that the carbon dioxide stream that I am claiming to be excluded under 40 C.F.R. § 261.4(h) has not been mixed with, or otherwise co-injected with, hazardous waste at the Underground Injection Control (UIC) Class VI permitted facility, and that injection of the carbon dioxide stream is in compliance with the applicable requirements for UIC Class VI wells, including the applicable requirements in 40 CFR Parts 144 and 146.
(iii) The signed certification statement must
be kept on-site for no less than three years, and must be made available within
72 hours of a written request from the Director (if located in an authorized
state), or their designee. The signed certification statement must be renewed
every year that the exclusion is claimed, by having an authorized
representative (as defined in
40
CFR 260.10) annually prepare and sign a new
copy of the certification statement within one year of the date of the previous
statement. The signed certification statement must also be readily accessible
on the facility's publicly-available website (if such website exists) as a
public notification with the title of "Carbon Dioxide Stream Certification" at
the time the exclusion is claimed.
§ 261.5
[Reserved]
§
261.6
Requirements for recyclable materials
(a)
(1)
Hazardous wastes that are recycled are subject to the requirements for
generators, transporters, and storage facilities of paragraphs (b) and (c) of
this section, except for the materials listed in paragraphs (a)(2) and (a)(3)
of this section. Hazardous wastes that are recycled will be known as
"recyclable materials."
(2) The
following recyclable materials are not subject to the requirements of this
section but are regulated under subsections C through N of Section 266 of this
rule and all applicable provisions in Sections 268 and 270 of this rule and 40
CFR Part 124 :
(i) Recyclable materials used
in a manner constituting disposal (§ 266, Subsection C);
(ii) Hazardous wastes burned (as defined in
§ 266.100(a)) in boilers and industrial furnaces that are not regulated
under subsection O of Section 264 or 265 of this rule (Section 266, Subsection
H);
(iii) Recyclable materials from
which precious metals are reclaimed (§ 266, Subsection F);
(iv) Spent lead-acid batteries that are being
reclaimed (§ 266, Subsection G).
(3) The following recyclable materials are
not subject to regulation under Sections 262 through 268, and 270 of this rule
or 40 CFR Part 124, and are not subject to the notification requirements of
Section 3010 of RCRA:
(i) Industrial ethyl
alcohol that is reclaimed except that exports and imports of such recyclable
materials must comply with the requirements of APC & EC Rule No. 23 section
262, subsection H.
(A) A person initiating a
shipment for reclamation in a foreign country, and any intermediary arranging
for the shipment, must comply with the requirements applicable to a primary
exporter in §§ 262.53, 262.56(a)(1)-(4), (6), and (b), and 262.57,
export such materials only upon consent of the receiving country and in
conformance with the EPA Acknowledgment of Consent as defined in subsection E
of section 262, and provide a copy of the EPA Acknowledgment of Consent to the
shipment to the transporter transporting the shipment for export;
(B) Transporters transporting a shipment for
export may not accept a shipment if he knows the shipment does not conform to
the EPA Acknowledgment of Consent, must ensure that a copy of the EPA
Acknowledgment of Consent accompanies the shipment and must ensure that it is
delivered to the facility designated by the person initiating the
shipment.
(ii) Scrap
metal that is not excluded under § 261.4(a)(13) of this rule;
(iii) Fuels produced from the refining of
oil-bearing hazardous waste along with normal process streams at a petroleum
refining facility if such wastes result from normal petroleum refining,
production, and transportation practices (this exemption does not apply to
fuels produced from oil recovered from oil-bearing hazardous waste, where such
recovered oil is already excluded under § 261.4(a)(12);
(iv)
(A)
Hazardous waste fuel produced from oil-bearing hazardous wastes from petroleum
refining, production, or transportation practices, or produced from oil
reclaimed from such hazardous wastes, where such hazardous wastes are
reintroduced into a process that does not use distillation or does not produce
products from crude oil so long as the resulting fuel meets the used oil
specification under § 279.11 of this rule and so long as no other
hazardous wastes are used to produce the hazardous waste fuel;
(B) Hazardous waste fuel produced from
oil-bearing hazardous waste from petroleum refining production, and
transportation practices, where such hazardous wastes are reintroduced into a
refining process after a point at which contaminants are removed, so long as
the fuel meets the used oil fuel specification under § 279.11 of this
rule; and
(C) Oil reclaimed from
oil-bearing hazardous wastes from petroleum refining, production, and
transportation practices, which reclaimed oil is burned as a fuel without
reintroduction to a refining process, so long as the reclaimed oil meets the
used oil fuel specification under § 279.11 of this rule.
(4) Used oil that is
recycled and is also a hazardous waste solely because it exhibits a hazardous
characteristic is not subject to the requirements of Sections 260 through 268
of this rule, but is regulated under section 279 of this rule. Used oil that is
recycled includes any used oil which is reused, following its original use, for
any purpose (including the purpose for which the oil was originally used). Such
term includes, but is not limited to, oil which is re-refined, reclaimed,
burned for energy recovery, or reprocessed.
(5) Hazardous waste that is exported or
imported for purpose of recovery is subject to the requirements of APC&EC
Rule No. 23 section 262, subsection H.
(b) Generators and transporters of recyclable
materials are subject to the applicable requirements of sections 262 and 263 of
this rule and the notification requirements under section 3010 of RCRA, except
as provided in paragraph (a) of this section.
(c)
(1)
Owners or operators of facilities that store recyclable materials before they
are recycled are regulated under all applicable provisions of subsections A
through L, AA, BB, and CC of Sections 264 and 265, and under Sections 266, 267,
268, and 270 of this rule and 40 CFR Part 124, and the notification
requirements under section 3010 of RCRA, except as provided in paragraph (a) of
this section. (The recycling process itself is exempt from regulation except as
provided in § 261.6(d).)
(2)
Owners or operators of facilities that recycle recyclable materials without
storing them before they are recycled are subject to the following
requirements, except as provided in paragraph (a) of this section:
(i) Notification requirements under section
3010 of RCRA;
(ii) Sections 265.71
and 265.72 (dealing with the use of the manifest and manifest discrepancies) of
this rule.
(iii) Section 261.6(d)
of this rule.
(iv) Section 265.75
of this rule (annual reporting requirements). (d) Owners or operators of
facilities subject to RCRA permitting requirements with hazardous waste
management units that recycle hazardous wastes are subject to the requirements
of subsections AA and BB of Sections 264, 265 or 267 of this rule.
§ 261.7
Residues of hazardous waste in empty containers
(a)
(1) Any
hazardous waste remaining in either (i) an empty container or (ii) an inner
liner removed from an empty container, as defined in paragraph (b) of this
section, is not subject to regulation under Sections 261 through 268 and 270 of
this rule or 40 CFR Part 124 or to the notification requirements of section
3010 of RCRA.
(2) Any hazardous
waste in either (i) a container that is not empty or (ii) an inner liner
removed from a container that is not empty, as defined in paragraph (b) of this
section, is subject to regulation under Sections 261 through 268 and 270 of
this rule and 40 CFR Part 124 and to the notification requirements of section
3010 of RCRA.
(b)
(1) A container or an inner liner removed
from a container that has held any hazardous waste, except a waste that is a
compressed gas or that is identified as an acute hazardous waste listed in
§§ 261.31 or 261.33(e) of this rule is empty if:
(i) All wastes have been removed that can be
removed using the practices commonly employed to remove materials from that
type of container, e.g., pouring, pumping, and aspirating, and
(ii) No more than 2.5 centimeters (one inch)
of residue remain on the bottom of the container or inner liner, or
(iii)
(A)
No more than 3 percent by weight of the total capacity of the container remains
in the container or inner liner if the container is less than or equal to 119
gallons in size, or
(B) No more
than 0.3 percent by weight of the total capacity of the container remains in
the container or inner liner if the container is greater than 119 gallons in
size.
(2) A
container that has held a hazardous waste that is a compressed gas is empty
when the pressure in the container approaches atmospheric.
(3) A container or an inner liner removed
from a container that has held an acute hazardous waste listed in §§
261.31 or 261.33(e) is empty if:
(i) The
container or inner liner has been triple rinsed using a solvent capable of
removing the commercial chemical product or manufacturing chemical
intermediate;
(ii) The container or
inner liner has been cleaned by another method that has been shown in the
scientific literature, or by tests conducted by the generator, to achieve
equivalent removal; or
(iii) In the
case of a container, the inner liner that prevented contact of the commercial
chemical product or manufacturing chemical intermediate with the container, has
been removed.
§ 261.8
PCB Wastes Regulated under
Toxic Substances Control Act
The disposal of PCB-containing dielectric fluid and electric equipment containing such fluid authorized for use and regulated under 40 CFR Part 761 and that are hazardous only because they fail the test for the toxicity characteristic (hazardous waste codes D018 through D043 only) are exempt from regulation under Sections 261 through 265, and Sections 268 and 270 of this rule, and the notification requirements of Section 3010 of the RCRA.
§ 261.9
Requirements for Universal Waste
The wastes listed in this section are exempt from regulation under Sections 262 through 270 of this rule except as specified in Section 273 of this rule and, therefore are not fully regulated as hazardous waste. The wastes listed in this section are subject to regulation under Section 273:
(a) Batteries as described in
§ 273.2;
(b) Pesticides as
described in § 273.3 of this rule;
(c) Mercury-containing devices as described
in § 273.4 of this rule;
(d)
Lamps as described in § 273.5 of this rule; and
(e)
Consumer electronic items
("electronic wastes") as described in § 273.6 of this rule.
Subsection B
-- Criteria for Identifying the Characteristics of Hazardous Waste and
for Listing Hazardous Waste
§
261.10
Criteria for identifying the characteristics of
hazardous waste
(a) The Director shall
identify and define a characteristic of hazardous waste in subsection C only
upon determining that:
(1) A solid waste that
exhibits the characteristic may:
(i) Cause, or
significantly contribute to, an increase in mortality or an increase in serious
irreversible, or incapacitating reversible, illness; or
(ii) Pose a substantial present or potential
hazard to human health or the environment when it is improperly treated,
stored, transported, disposed of or otherwise managed; and
(2) The characteristic can be:
(i) Measured by an available standardized
test method which is reasonably within the capability of generators of solid
waste or private sector laboratories that are available to serve generators of
solid waste; or
(ii) Reasonably
detected by generators of solid waste through their knowledge of their
waste.
§
261.11
Criteria for listing hazardous waste
(a) The Commission shall list a solid waste
as a hazardous waste only upon determining that the solid waste meets one of
the following criteria:
(1) It exhibits any of
the characteristics of hazardous waste identified in subsection C.
(2) It has been found to be fatal to humans
in low doses or, in the absence of data on human toxicity, it has been shown in
studies to have an oral LD 50 toxicity (rat) of less than 50 milligrams per
kilogram, an inhalation LC 50 toxicity (rat) of less than 2 milligrams per
liter, or a dermal LD 50 toxicity (rabbit) of less than 200 milligrams per
kilogram or is otherwise capable of causing or significantly contributing to an
increase in serious irreversible, or incapacitating reversible, illness. (Waste
listed in accordance with these criteria will be designated Acutely
Hazardous Waste.)
(3) It
contains any of the toxic constituents listed in Appendix VIII and, after
considering the following factors, the Director concludes that the waste is
capable of posing a substantial present or potential hazard to human health or
the environ-ment when improperly treated, stored, transported or disposed of,
or otherwise managed:
(i) The nature of the
toxicity presented by the constituent.
(ii) The concentration of the constituent in
the waste.
(iii) The potential of
the constituent or any toxic degradation product of the constituent to migrate
from the waste into the environment under the types of improper management
considered in paragraph (a)(3)(vii) of this section.
(iv) The persistence of the constituent or
any toxic degradation product of the constituent.
(v) The potential for the constituent or any
toxic degradation product of the constituent to degrade into non-harmful
constituents and the rate of degradation.
(vi) The degree to which the constituent or
any degradation product of the constituent bioaccumulates in
ecosystems.
(vii) The plausible
types of improper management to which the waste could be subjected.
(viii) The quantities of the waste generated
at individual generation sites or on a regional or national basis.
(ix) The nature and severity of the human
health and environmental damage that has occurred as a result of the improper
management of wastes containing the constituent.
(x) Action taken by other governmental
agencies or regulatory programs based on the health or environmental hazard
posed by the waste or waste constituent.
(xi) Such other factors as may be
appropriate. Substances will be listed on Appendix VIII only if they have been
shown in scientific studies to have toxic, carcinogenic, mutagenic or
teratogenic effects on humans or other life forms. (Wastes listed in accordance
with these criteria will be designated Toxic wastes.)
(b) The Director may list classes
or types of solid waste as hazardous waste if he has reason to believe that
individual wastes, within the class or type of waste, typically or frequently
are hazardous under the definition of hazardous waste found in section 1004(5)
of the Act.
(c) The Director will
use the criteria for listing specified in this section to establish the
exclusion limits referred to in § 261.5(c).
Subsection C
-- Characteristics of
Hazardous Waste.
§ 261.20
General
(a) A solid waste, as
defined in § 261.2, which is not excluded from regulation as a hazardous
waste under § 261.4(b), is a hazardous waste if it exhibits any of the
characteristics identified in this subsection.
Comment: § 262.11 of this rule sets forth the generator's responsibility to determine whether his waste exhibits one or more of the characteristics identified in this subsection.
(b) A hazardous waste which is identified by
a characteristic in this subsection is assigned every EPA Hazardous Waste
Number that is applicable as set forth in this subsection. This number must be
used in complying with the notification requirements of section 3010 of the Act
and all applicable recordkeeping and reporting requirements under sections 262
through 265, 268, and 270 of this rule.
(c) For purposes of this subsection, the
Director will consider a sample obtained using any of the applicable sampling
methods specified in Appendix I to be a representative sample within the
meaning of section 260 of this rule.
Comment: Since the Appendix I sampling methods are not being formally adopted by the Director, a person who desires to employ an alternative sampling method is not required to demonstrate the equivalency of his method under the procedures set forth in §§ 260.20 and 260.21.
§
261.21
Characteristic of ignitability
(a) A solid waste exhibits the characteristic
of ignitability if a representative sample of the waste has any of the
following properties:
(1) It is a liquid,
other than an aqueous solution containing less than 24 percent alcohol by
volume and has flash point less than 60°C (140°F), as determined by a
Pensky-Martens Closed Cup Tester, using the test method specified in ASTM
Standard D-93-79 or D-93-80 (incorporated by reference, see § 260.11), or
a Setaflash Closed Cup Tester, using the test method specified in ASTM Standard
D-3278-78 (incorporated by reference, see § 260.11).
(2) It is not a liquid and is capable, under
standard temperature and pressure, of causing fire through friction, absorption
of moisture or spontaneous chemical changes and, when ignited, burns so
vigorously and persistently that it creates a hazard.
(3) It is an ignitable compressed gas.
(i) The term "compressed gas" shall designate
any material or mixture having in the container an absolute pressure exceeding
40 p.s.i. at 70°F or, regardless of the pressure at 70°F, having an
absolute pressure exceeding 104 p.s.i. at 130°F; or any liquid flammable
material having a vapor pressure exceeding 40 p.s.i. absolute at 100°F as
determined by ASTM Test D-323.
(ii)
A compressed gas shall be characterized as ignitable if any one of the
following occurs:
(A) Either a mixture of 13
percent or less (by volume) with air forms a flammable mixture or the flammable
range with air is wider than 12 percent regardless of the lower limit. These
limits shall be determined at atmospheric temperature and pressure.
The method of sampling and test procedure shall be acceptable to the Bureau of Explosives and approved by the director, Pipeline and Hazardous Materials Technology, U.S. Department of Transportation (see Note 2).
(B) Using the Bureau of
Explosives' Flame Projection Apparatus (see Note 1), the flame projects more
than 18 inches beyond the ignition source with valve opened fully, or, the
flame flashes back and burns at the valve with any degree of valve
opening.
(C) Using the Bureau of
Explosives' Open Drum Apparatus (see Note 1), there is any significant
propagation of flame away from the ignition source.
(D) Using the Bureau of Explosives' Closed
Drum Apparatus (see Note 1), there is any explosion of the vapor-air mixture in
the drum.
(4)
An oxidizer is a substance that yields oxygen readily to stimulate the
combustion of organic matter
(i) An organic
compound containing the bivalent -O-O- structure and may be considered a
derivative of hydrogen peroxide must be classed as an organic peroxide unless:
(A) The material meets the definition of a
Class A explosive or a Class B explosive, as defined in § 261.23(a)(8), in
which case it must be classed as an explosive,
(B) The material is forbidden to be offered
for transportation according to
49 CFR
172.101 and 49 CFR 173.21,
(C) It is determined that the predominant
hazard of the material containing an organic peroxide is other than that of an
organic peroxide, or
(D) According
to data on file with the Pipeline and Hazardous Materials Safety Administration
in the U.S. Department of Transportation (see Note 3), it has been determined
that the material does not present a hazard in transportation.
(b) A solid
waste that exhibits the characteristic of ignitability has the EPA Hazardous
Waste Number of D001.
Note 1: A description of the Bureau of Explosives' Flame Projection Apparatus, Open Drum Apparatus, Closed Drum Apparatus, and method of tests may be procured from the Bureau of Explosives.
Note 2: As part of a U.S. Department of Transportation (DOT) reorganization, the Office of Hazardous Materials Technology (OHMT), which was the office listed in the 1980 publication of 49 CFR 173.300 for the purposes of approving sampling and test procedures for a flammable gas, ceased operations on February 20, 2005. OHMT programs have moved to the Pipeline and Hazardous Materials Safety Administration (PHMSA) in the DOT.
Note 3: As part of a U.S. Department of Transportation (DOT) reorganization, the Research and Special Programs Administration (RSPA), which was the office listed in the 1980 publication of 49 CFR 173.151a for the purposes of determining that a material does not present a hazard in transport, ceased operations on February 20, 2005. RSPA programs have moved to the Pipeline and Hazardous Materials Safety Administration (PHMSA) in the DOT.
Note 4: The DOT regulatory definition of an oxidizer was contained in § 173.151 of 49 CFR, and the definition of an organic peroxide was contained in paragraph 173.151a. An organic peroxide is a type of oxidizer.
§
261.22
Characteristic of corrosivity
(a) A solid waste exhibits the characteristic
of corrosivity if a representative sample of the waste has either of the
following properties:
(1) It is aqueous and
has a pH less than or equal to 2 or greater than or equal to 12.5, as
determined by a pH meter using Method 9040C in "Test Methods for Evaluating
Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as
incorporated by reference in § 260.11 of this rule.
(2) It is a liquid and corrodes steel (SAE
1020) at a rate greater than 6.35 mm (0.250 inch) per year at a test
temperature of 55°C (130°F) as determined by Method 1110A in ''Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA
Publication SW- 846, and as incorporated by reference in § 260.11 of this
Rule.
(b) A solid waste
that exhibits the characteristic of corrosivity has the EPA Hazardous Waste
Number of D002.
§
261.23
Characteristic of reactivity
(a) A solid waste exhibits the characteristic
of reactivity if a representative sample of the waste has any of the following
properties:
(1) It is normally unstable and
readily undergoes violent change without detonating.
(2) It reacts violently with water.
(3) It forms potentially explosive mixtures
with water.
(4) When mixed with
water, it generates toxic gases, vapors or fumes in a quantity sufficient to
present a danger to human health or the environment.
(5) It is a cyanide or sulfide bearing waste
which, when exposed to pH conditions between 2 and 12.5, can generate toxic
gases, vapors or fumes in a quantity sufficient to present a danger to human
health or the environment.
(6) It
is capable of detonation or explosive reaction if it is subjected to a strong
initiating source or if heated under confinement.
(7) It is readily capable of detonation or
explosive decomposition or reaction at standard temperature and
pressure.
(8) It is a forbidden
explosive as defined in
49 CFR
173.54, or is a Division 1.1, 1.2, or 1.3
explosive as defined in
49 CFR 173.50
and
173.53.
(b) A solid waste that exhibits the
characteristic of reactivity has the EPA Hazardous Waste Number of
D003.
§ 261.24
Toxicity characteristic
(a) A
solid waste (except a manufactured gas plant waste) exhibits the characteristic
of toxicity if, using the Toxicity Characteristic Leaching Procedure, test
Method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods," EPA Publication SW-846, as incorporated by reference in § 260.11
of this rule, the extract from a representative sample of the waste contains
any of the contaminants listed in table 1 at the concentration equal to or
greater than the respective value given in that table. Where the waste contains
less than 0.5 percent filterable solids, the waste itself, after filtering
using the methodology outlined in Method 1311, is considered to be the extract
for the purpose of this section.
(b) A solid waste that exhibits the
characteristic of toxicity has the EPA Hazardous Waste Number specified in
Table 1 which corresponds to the toxic contaminant causing it to be hazardous.
Table 1.
Maximum Concentration of Contaminants for the
Toxicity Characteristic
|
EPA HW Number |
Contaminant |
CAS No.2 |
Regulatory Level (mg/L) |
|
D004 |
Arsenic |
7440-38-2 |
5.0 |
|
D005 |
Barium |
7440-39-3 |
100.0 |
|
D018 |
Benzene |
71-43-2 |
0.5 |
|
D006 |
Cadmium |
7440-43-9 |
1.0 |
|
D019 |
Carbon tetrachloride |
56-23-5 |
0.5 |
|
D020 |
Chlordane |
57-74-9 |
0.03 |
|
D021 |
Chlorobenzene |
108-90-7 |
100.0 |
|
D022 |
Chloroform |
67-66-3 |
6.0 |
|
D007 |
Chromium |
7440-47-3 |
5.0 |
|
D023 |
o-Cresol |
95-48-7 |
4200.0 |
|
D024 |
m-Cresol |
108-39-4 |
4200.0 |
|
D025 |
p-Cresol |
106-44-5 |
4200.0 |
|
D026 |
Cresol |
4200.0 |
|
|
D016 |
2,4-D |
94-75-7 |
10.0 |
|
D027 |
1,4-Dichlorobenzene |
106-46-7 |
7.5 |
|
D028 |
1,2-Dichloroethane |
107-06-2 |
0.5 |
|
D029 |
1,1-Dichloroethylene |
75-35-4 |
0.7 |
|
D030 |
2,4-Dinitrotoluene |
121-14-2 |
30.13 |
|
D012 |
Endrin |
72-20-8 |
0.02 |
|
D031 |
Heptachlor (and its epoxide) |
76-44-8 |
0.008 |
|
D032 |
Hexachlorobenzene |
118-74-1 |
30.13 |
|
D033 |
Hexachlorobutadiene |
87-68-3 |
0.5 |
|
D034 |
Hexachloroethane |
67-72-1 |
3.0 |
|
D008 |
Lead |
7439-92-1 |
5.0 |
|
D013 |
Lindane |
58-89-9 |
0.4 |
|
D009 |
Mercury |
7439-97-6 |
0.2 |
|
D014 |
Methoxychlor |
72-43-5 |
10.0 |
|
DOS 5 |
Methyl ethyl ketone |
78-93-3 |
200.0 |
|
D036 |
Nitrobenzene |
98-95-3 |
2.0 |
|
D037 |
Pentachlorophenol |
87-86-5 |
100.0 |
|
DOS 8 |
Pyridine |
110-86-1 |
35.0 |
|
DOlO |
Selenium |
7782-49-2 |
1.0 |
|
DOll |
Silver |
7440-22-4 |
5.0 |
|
D039 |
Tetrachloroethylene |
127-18-4 |
0.7 |
|
D015 |
Toxaphene |
8001-35-2 |
0.5 |
|
D040 |
Trichl oroethyl ene |
79-01-6 |
0.5 |
|
D041 |
2,4,5-Trichlorophenol |
95-95-4 |
400.0 |
|
D042 |
2,4,6-Trichlorophenol |
88-06-2 |
2.0 |
|
D017 |
2,4,5-TP (Silvex) |
93-72-1 |
1.0 |
|
D043 |
Vinyl chloride |
75-01-4 |
0.2 |
1. Hazardous
waste number.
2. Chemical abstracts
service number.
3. Quantitation
limit is greater than the calculated regulatory level. The quantitation limit
therefore becomes the regulatory level.
4. If 0-, m-, and p-Cresol concentrations
cannot be differentiated, the total cresol (D026) concentration is used. The
regulatory level of total cresol is 200 mg/1.
Subsection D
--
Lists of Hazardous Wastes
§
261.30
General
(a)
A solid waste is a hazardous waste if it is listed in this subsection, unless
it has been excluded from this list under §§ 260.20 and
260.22.
(b) The Director will
indicate his basis for listing the classes or types of wastes listed in this
subsection by employing one or more of the following Hazard Codes:
|
Ignitable Waste |
(I) |
|
Corrosive Waste |
(C) |
|
Reactive Waste |
(R) |
|
Toxicity Characteristic Waste |
(E) |
|
Acute Hazardous Waste |
(H) |
|
Toxic Waste |
(T) |
Appendix VII identifies the constituent which caused the Director to list the waste as a Toxicity Characteristic Waste (E) or Toxic Waste (T) in §§ 261.31 and 261.32.
(c) Each hazardous waste listed in this
subsection is assigned an EPA Hazardous Waste Number which precedes the name of
the waste. This number must be used in complying with the notification
requirements of Section 3010 of the Act and certain recordkeeping and reporting
requirements under Sections 262 through 265, 267, 268, and 270 of this
rule.
(d) The following hazardous
wastes listed in § 261.31 are subject to the exclusion limits for acutely
hazardous wastes established in § 261.5: EPA Hazardous Wastes Nos. F020,
F021, F022, F023, F026, and F027.
§ 261.31
Hazardous wastes from
non-specific sources
(a) The following
solid wastes are listed hazardous wastes from non-specific sources unless they
are excluded under §§ 260.20 and 260.22 and listed in Appendix IX.
|
Industry and EPA hazardous waste Code |
Hazardous waste |
Hazard code |
|
Generic: |
||
|
F001 |
The following spent halogenated solvents used in degreasing: Tetrachloroethylene, trichloroethylene, methylene chloride, 1,1,1-trichloroethane, carbon tetrachloride, and chlorinated fluorocarbons; all spent solvent mixtures/blends used in degreasing containing, before use, a total of ten percent or more (by volume) of one or more of the above halogenated solvents or those solvents listed in F002, F004, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures |
(T) |
|
F002 |
The following spent halogenated solvents: Tetrachloroethylene, methylene chloride, trichloroethylene, 1,1,1-trichloroethane, chlorobenzene, 1,1,2-trichloro-1,2,2-trifluoroethane, ortho-dichlorobenzene, trichlorofluoromethane, and 1,1,2-trichloroethane; all spent solvent mixtures/blends containing, before use, a total of ten percent or more (by volume) of one or more of the above halogenated solvents or those listed in F001, F004, or F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures |
(T) |
|
F003 |
The following spent non-halogenated solvents: Xylene, acetone, ethyl acetate, ethyl benzene, ethyl ether, methyl isobutyl ketone, n-butyl alcohol, cyclohexanone, and methanol; all spent solvent mixtures/blends containing, before use, only the above spent non-halogenated solvents; and all spent solvent mixtures/blends containing, before use, one or more of the above non-halogenated solvents, and, a total of ten percent or more (by volume) of one or more of those solvents listed in F001, F002, F004, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures |
(I)* |
|
F004 |
The following spent non-halogenated solvents: Cresols and cresylic acid, and nitrobenzene; all spent solvent mixtures/blends containing, before use, a total of ten percent or more (by volume) of one or more of the above non-halogenated solvents or those solvents listed in F001, F002, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures |
(T) |
|
F005 |
The following spent non-halogenated solvents: Toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, benzene, 2-ethoxyethanol, and 2-nitropropane; all spent solvent mixtures/blends containing, before use, a total of ten percent or more (by volume) of one or more of the above non-halogenated solvents or those solvents listed in F001, F002, or F004; and still bottoms from the recovery of these spent solvents and spent solvent mixtures |
(I,T) |
|
F006 |
Wastewater treatment sludges from electroplating operations except from the following processes: (1) Sulfuric acid anodizing of aluminum; (2) tin plating on carbon steel; (3) zinc plating (segregated basis) on carbon steel; (4) aluminum or zinc-aluminum plating on carbon steel; (5) cleaning/stripping associated with tin, zinc and aluminum plating on carbon steel; and (6) chemical etching and milling of aluminum |
(T) |
|
F007 |
Spent cyanide plating bath solutions from electroplating operations |
(R, T) |
|
F008 |
Plating bath residues from the bottom of plating baths from electroplating operations where cyanides are used in the process |
(R, T) |
|
F009 |
Spent stripping and cleaning bath solutions from electroplating operations where cyanides are used in the process |
(R, T) |
|
F010 |
Quenching bath residues from oil baths from metal heat treating operations where cyanides are used in the process |
(R, T) |
|
F011 |
Spent cyanide solutions from salt bath pot cleaning from metal heat treating operations |
(R, T) |
|
F012 |
Quenching waste water treatment sludges from metal heat treating operations where cyanides are used in the process |
(T) |
|
F019 |
Wastewater treatment sludges from the chemical conversion coating of aluminum except from zirconium phosphating in aluminum can washing when such phosphating is an exclusive conversion coating process. Wastewater treatment sludges from the manufacturing of motor vehicles using a zinc phosphating process will not be subject to this listing at the point of generation if the wastes are not placed outside on the land prior to shipment to a landfill for disposal and are either: disposed in a Subtitle D municipal or industrial landfill unit that is equipped with a single clay liner and is permitted, licensed or otherwise authorized by the state; or disposed in a landfill unit subject to, or otherwise meeting, the landfill requirements in §258.40, §264.301 or §265.301. For the purposes of this listing, motor vehicle manufacturing is defined in paragraph (b)(4)(i) of this section and (b)(4)(ii) of this section describes the recordkeeping requirements for motor vehicle manufacturing facilities |
(T) |
|
F020 |
Wastes (except wastewater and spent carbon from hydrogen chloride purification) from the production or manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of tri-or tetrachlorophenol, or of intermediates used to produce their pesticide derivatives. (This listing does not include wastes from the production of Hexachlorophene from highly purified 2,4,5-trichlorophenol.) |
(H) |
|
F021 |
Wastes (except wastewater and spent carbon from hydrogen chloride purification) from the production or manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of pentachlorophenol, or of intermediates used to produce its derivatives |
(H) |
|
F022 |
Wastes (except wastewater and spent carbon from hydrogen chloride purification) from the manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of tetra-, penta-, or hexachlorobenzenes under alkaline conditions |
(H) |
|
F023 |
Wastes (except wastewater and spent carbon from hydrogen chloride purification) from the production of materials on equipment previously used for the production or manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of tri- and tetrachlorophenols. (This listing does not include wastes from equipment used only for the production or use of Hexachlorophene from highly purified 2,4,5-trichlorophenol.) |
(H) |
|
F024 |
Process wastes, including but not limited to, distillation residues, heavy ends, tars, and reactor clean-out wastes, from the production of certain chlorinated aliphatic hydrocarbons by free radical catalyzed processes. These chlorinated aliphatic hydrocarbons are those having carbon chain lengths ranging from one to and including five, with varying amounts and positions of chlorine substitution. (This listing does not include wastewaters, wastewater treatment sludges, spent catalysts, and wastes listed in §261.31 or §261.32.) |
(T) |
|
F025 |
Condensed light ends, spent filters and filter aids, and spent desiccant wastes from the production of certain chlorinated aliphatic hydrocarbons, by free radical catalyzed processes. These chlorinated aliphatic hydrocarbons are those having carbon chain lengths ranging from one to and including five, with varying amounts and positions of chlorine substitution |
(T) |
|
F026 |
Wastes (except wastewater and spent carbon from hydrogen chloride purification) from the production of materials on equipment previously used for the manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of tetra-, penta-, or hexachlorobenzene under alkaline conditions |
(H) |
|
F027 |
Discarded unused formulations containing tri-, tetra-, or pentachlorophenol or discarded unused formulations containing compounds derived from these chlorophenols. (This listing does not include formulations containing Hexachlorophene synthesized from prepurified 2,4,5-trichlorophenol as the sole component.) |
(H) |
|
F028 |
Residues resulting from the incineration or thermal treatment of soil contaminated with EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, and F027 |
(T) |
|
F032 |
Wastewaters (except those that have not come into contact with process contaminants), process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that currently use or have previously used chlorophenolic formulations (except potentially cross-contaminated wastes that have had the F032 waste code deleted in accordance with §261.35 of this chapter or potentially cross-contaminated wastes that are otherwise currently regulated as hazardous wastes (i.e., F034 or F035), and where the generator does not resume or initiate use of chlorophenolic formulations). This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote and/or pentachlorophenol |
(T) |
|
F034 |
Wastewaters (except those that have not come into contact with process contaminants), process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that use creosote formulations. This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote and/or pentachlorophenol |
(T) |
|
F035 |
Wastewaters (except those that have not come into contact with process contaminants), process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that use inorganic preservatives containing arsenic or chromium. This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote and/or pentachlorophenol |
(T) |
|
F037 |
Petroleum refinery primary oil/water/solids separation sludge-Any sludge generated from the gravitational separation of oil/water/solids during the storage or treatment of process wastewaters and oily cooling wastewaters from petroleum refineries. Such sludges include, but are not limited to, those generated in oil/water/solids separators; tanks and impoundments; ditches and other conveyances; sumps; and stormwater units receiving dry weather flow. Sludge generated in stormwater units that do not receive dry weather flow, sludges generated from non-contact once-through cooling waters segregated for treatment from other process or oily cooling waters, sludges generated in aggressive biological treatment units as defined in §261.31(b)(2) (including sludges generated in one or more additional units after wastewaters have been treated in aggressive biological treatment units) and K051 wastes are not included in this listing. This listing does include residuals generated from processing or recycling oil-bearing hazardous secondary materials excluded under §261.4(a)(12)(i), if those residuals are to be disposed of |
(T) |
|
F038 |
Petroleum refinery secondary (emulsified) oil/water/solids separation sludge-Any sludge and/or float generated from the physical and/or chemical separation of oil/water/solids in process wastewaters and oily cooling wastewaters from petroleum refineries. Such wastes include, but are not limited to, all sludges and floats generated in: induced air flotation (IAF) units, tanks and impoundments, and all sludges generated in DAF units. Sludges generated in stormwater units that do not receive dry weather flow, sludges generated from non-contact once-through cooling waters segregated for treatment from other process or oily cooling waters, sludges and floats generated in aggressive biological treatment units as defined in §261.31(b)(2) (including sludges and floats generated in one or more additional units after wastewaters have been treated in aggressive biological treatment units) and F037, K048, and K051 wastes are not included in this listing |
(T) |
|
F039 |
Leachate (liquids that have percolated through land disposed wastes) resulting from the disposal of more than one restricted waste classified as hazardous under subpart D of this part. (Leachate resulting from the disposal of one or more of the following EPA Hazardous Wastes and no other Hazardous Wastes retains its EPA Hazardous Waste Number(s): F020, F021, F022, F026, F027, and/or F028.) |
(T) |
FOOTNOTE: *(I,T) should be used to specify mixtures that are ignitable and contain toxic constituents.
(b) Listing Specific Definitions:
(1) For the purposes of the F037 and F038
listings, oil/water/solids is defined as oil and/or water and/or
solids.
(2)
(i) For the purposes of the F037 and F038
listings, aggressive biological treatment units are defined as units which
employ one of the following four treatment methods: activated sludge; trickling
filter; rotating biological contactor for the continuous accelerated biological
oxidation of wastewaters; or high-rate aeration. High-rate aeration is a system
of surface impoundments or tanks, in which intense mechanical aeration is used
to completely mix the wastes, enhance biological activity, and (A) the units
employ a minimum of 6 hp per million gallons of treatment volume; and either
(B) the hydraulic retention time of the unit is no longer than 5 days; or (C)
the hydraulic retention time is no longer than 30 days and the unit does not
generate a sludge that is a hazardous waste by the Toxicity
Characteristic.
(ii) Generators and
treatment, storage and disposal facilities have the burden of proving that
their sludges are exempt from listing as F037 and F038 wastes under this
definition. Generators and treatment, storage and disposal facilities must
maintain, in their operating or other onsite records, documents and data
sufficient to prove that:
(A) the unit is an
aggressive biological treatment unit as defined in this subsection; and
(B) the sludges sought to be
exempted from the definitions of F037 and/or F038 were actually treated in the
aggressive biological treatment unit.
(3)
(i) For
the purposes of the F037 listing, sludges are considered to be generated at the
moment of deposition in the unit, where deposition is defined as at least a
temporary cessation of lateral particle movement.
(ii) For the purposes of the F038 listing,
(A) sludges are considered to be generated at
the moment of deposition in the unit, where deposition is defined as at least a
temporary cessation of lateral particle movement and
(B) floats are considered to be generated at
the moment they are formed in the top of the unit.
(4) For the purposes of the F019
listing, the following apply to wastewater treatment sludges from the
manufacturing of motor vehicles using a zinc phosphating process.
(i) Motor vehicle manufacturing is defined to
include the manufacture of automobiles and light trucks/utility vehicles
(including light duty vans, pick-up trucks, minivans, and sport utility
vehicles). Facilities must be engaged in manufacturing complete vehicles (body
and chassis or unibody) or chassis only.
(ii) Generators must maintain in their
on-site records documentation and information sufficient to prove that the
wastewater treatment sludges to be exempted from the F019 listing meet the
conditions of the listing. These records must include: the volume of waste
generated and disposed of off site; documentation showing when the waste
volumes were generated and sent off site; the name and address of the receiving
facility; and documentation confirming receipt of the waste by the receiving
facility. Generators must maintain these documents on site for no less than
three years. The retention period for the documentation is automatically
extended during the course of any enforcement action or as requested by the
Director.
§
261.32
Hazardous wastes from specific sources
(a) The following solid wastes are listed
hazardous wastes from specific sources unless they are excluded under
§§ 260.20 and 260.22 and listed in Appendix IX.
|
Industry and EPA hazardous waste No. |
Hazardous waste |
Hazard code |
|
Wood preservation: |
Bottom sediment sludge from the treatment of wastewaters from |
(T) |
|
K001 |
wood preserving processes that use creosote and/or pentachlorophenol |
|
|
Inorganic pigments: |
||
|
K002 |
Wastewater treatment sludge from the production of chrome yellow and orange pigments |
(T) |
|
K003 |
Wastewater treatment sludge from the production of molybdate orange pigments |
(T) |
|
K004 |
Wastewater treatment sludge from the production of zinc yellow pigments |
(T) |
|
K005 |
Wastewater treatment sludge from the production of chrome green pigments |
(T) |
|
K006 |
Wastewater treatment sludge from the production of chrome oxide green pigments (anhydrous and hydrated) |
(T) |
|
K007 |
Wastewater treatment sludge from the production of iron blue pigments |
(T) |
|
K008 |
Oven residue from the production of chrome oxide green pigments |
(T) |
|
Organic chemicals: |
||
|
K009 |
Distillation bottoms from the production of acetaldehyde from ethylene |
(T) |
|
K010 |
Distillation side cuts from the production of acetaldehyde from ethylene |
(T) |
|
K011 |
Bottom stream from the wastewater stripper in the production of acrylonitrile |
(R, T) |
|
K013 |
Bottom stream from the acetonitrile column in the production of acrylonitrile |
(R, T) |
|
K014 |
Bottoms from the acetonitrile purification column in the production of acrylonitrile |
(T) |
|
K015 |
Still bottoms from the distillation of benzyl chloride |
(T) |
|
K016 |
Heavy ends or distillation residues from the production of carbon tetrachloride |
(T) |
|
K017 |
Heavy ends (still bottoms) from the purification column in the production of epichlorohydrin |
(T) |
|
K018 |
Heavy ends from the fractionation column in ethyl chloride production |
(T) |
|
K019 |
Heavy ends from the distillation of ethylene dichloride in ethylene dichloride production |
(T) |
|
K020 |
Heavy ends from the distillation of vinyl chloride in vinyl chloride monomer production |
(T) |
|
K021 |
Aqueous spent antimony catalyst waste from fluoromethanes production |
(T) |
|
K022 |
Distillation bottom tars from the production of phenol/acetone from cumene |
(T) |
|
K023 |
Distillation light ends from the production of phthalic anhydride from naphthalene |
(T) |
|
K024 |
Distillation bottoms from the production of phthalic anhydride from naphthalene |
(T) |
|
K025 |
Distillation bottoms from the production of nitrobenzene by the nitration of benzene |
(T) |
|
K026 |
Stripping still tails from the production of methy ethyl pyridines |
(T) |
|
K027 |
Centrifuge and distillation residues from toluene diisocyanate production |
(R, T) |
|
K028 |
Spent catalyst from the hydrochlorinator reactor in the production of 1,1,1-trichloroethane |
(T) |
|
K029 |
Waste from the product steam stripper in the production of 1,1,1-trichloroethane |
(T) |
|
K030 |
Column bottoms or heavy ends from the combined production of trichloroethylene and perchloroethylene |
(T) |
|
K083 |
Distillation bottoms from aniline production |
(T) |
|
K085 |
Distillation or fractionation column bottoms from the production of chlorobenzenes |
(T) |
|
K093 |
Distillation light ends from the production of phthalic anhydride from ortho-xylene |
(T) |
|
K094 |
Distillation bottoms from the production of phthalic anhydride from ortho-xylene |
(T) |
|
K095 |
Distillation bottoms from the production of 1,1,1-trichloroethane |
(T) |
|
K096 |
Heavy ends from the heavy ends column from the production of 1,1,1-trichloroethane |
(T) |
|
K103 |
Process residues from aniline extraction from the production of aniline |
(T) |
|
K104 |
Combined wastewater streams generated from nitrobenzene/aniline production |
(T) |
|
K105 |
Separated aqueous stream from the reactor product washing step in the production of chlorobenzenes |
(T) |
|
K107 |
Column bottoms from product separation from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides |
(C,T) |
|
K108 |
Condensed column overheads from product separation and condensed reactor vent gases from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides |
(I,T) |
|
K109 |
Spent filter cartridges from product purification from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides |
(T) |
|
K110 |
Condensed column overheads from intermediate separation from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides |
(T) |
|
K111 |
Product washwaters from the production of dinitrotoluene via nitration of toluene |
(C,T) |
|
K112 |
Reaction by-product water from the drying column in the production of toluenediamine via hydrogenation of dinitrotoluene |
(T) |
|
K113 |
Condensed liquid light ends from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene |
(T) |
|
K114 |
Vicinals from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene |
(T) |
|
K115 |
Heavy ends from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene |
(T) |
|
K116 |
Organic condensate from the solvent recovery column in the production of toluene diisocyanate via phosgenation of toluenediamine |
(T) |
|
K117 |
Wastewater from the reactor vent gas scrubber in the production of ethylene dibromide via bromination of ethene |
(T) |
|
K118 |
Spent adsorbent solids from purification of ethylene dibromide in the production of ethylene dibromide via bromination of ethene |
(T) |
|
K136 |
Still bottoms from the purification of ethylene dibromide in the production of ethylene dibromide via bromination of ethene |
(T) |
|
K149 |
Distillation bottoms from the production of alpha- (or methyl-) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups, (This waste does not include still bottoms from the distillation of benzyl chloride.) |
(T) |
|
K150 |
Organic residuals, excluding spent carbon adsorbent, from the spent chlorine gas and hydrochloric acid recovery processes associated with the production of alpha- (or methyl-) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups |
(T) |
|
K151 |
Wastewater treatment sludges, excluding neutralization and biological sludges, generated during the treatment of wastewaters from the production of alpha- (or methyl-) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups |
(T) |
|
K156 |
Organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates) from the production of carbamates and carbamoyl oximes. (This listing does not apply to wastes generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate.) |
(T) |
|
K157 |
Wastewaters (including scrubber waters, condenser waters, washwaters, and separation waters) from the production of carbamates and carbamoyl oximes. (This listing does not apply to wastes generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate.) |
(T) |
|
K158 |
Bag house dusts and filter/separation solids from the production of carbamates and carbamoyl oximes. (This listing does not apply to wastes generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate.) |
(T) |
|
K159 |
Organics from the treatment of thiocarbamate wastes |
(T) |
|
K161 |
Purification solids (including filtration, evaporation, and centrifugation solids), bag house dust and floor sweepings from the production of dithiocarbamate acids and their salts. (This listing does not include K125 or K126.) |
(R,T) |
|
K174 |
Wastewater treatment sludges from the production of ethylene dichloride or vinyl chloride monomer (including sludges that result from commingled ethylene dichloride or vinyl chloride monomer wastewater and other wastewater), unless the sludges meet the following conditions: (i) they are disposed of in a subtitle C or non-hazardous landfill licensed or permitted by the state or federal government; (ii) they are not otherwise placed on the land prior to final disposal; and (iii) the generator maintains documentation demonstrating that the waste was either disposed of in an on-site landfill or consigned to a transporter or disposal facility that provided a written commitment to dispose of the waste in an off-site landfill. Respondents in any action brought to enforce the requirements of subtitle C must, upon a showing by the government that the respondent managed wastewater treatment sludges from the production of vinyl chloride monomer or ethylene dichloride, demonstrate that they meet the terms of the exclusion set forth above. In doing so, they must provide appropriate documentation (e.g., contracts between the generator and the landfill owner/operator, invoices documenting delivery of waste to landfill, etc.) that the terms of the exclusion were met |
(T) |
|
K175 |
Wastewater treatment sludges from the production of vinyl chloride monomer using mercuric chloride catalyst in an acetylene-based process |
(T) |
|
K181 |
Nonwastewaters from the production of dyes and/or pigments (including nonwastewaters commingled at the point of generation with nonwastewaters from other processes) that, at the point of generation, contain mass loadings of any of the constituents identified in paragraph (c) of this section that are equal to or greater than the corresponding paragraph (c) levels, as determined on a calendar year basis. These wastes will not be hazardous if the nonwastewaters are: (i) disposed in a Subtitle D landfill unit subject to the design criteria in §258.40, (ii) disposed in a Subtitle C landfill unit subject to either §264.301 or §265.301, (iii) disposed in other Subtitle D landfill units that meet the design criteria in §258.40, §264.301, or §265.301, or (iv) treated in a combustion unit that is permitted under Subtitle C, or an onsite combustion unit that is permitted under the Clean Air Act. For the purposes of this listing, dyes and/or pigments production is defined in paragraph (b)(1) of this section. Paragraph (d) of this section describes the process for demonstrating that a facility's nonwastewaters are not K181. This listing does not apply to wastes that are otherwise identified as hazardous under §§261.21-261.24 and 261.31-261.33 at the point of generation. Also, the listing does not apply to wastes generated before any annual mass loading limit is met |
(T) |
|
Inorganic chemicals: |
||
|
K071 |
Brine purification muds from the mercury cell process in chlorine production, where separately prepurified brine is not used |
(T) |
|
K073 |
Chlorinated hydrocarbon waste from the purification step of the diaphragm cell process using graphite anodes in chlorine production |
(T) |
|
K106 |
Wastewater treatment sludge from the mercury cell process in chlorine production |
(T) |
|
K176 |
Baghouse filters from the production of antimony oxide, including filters from the production of intermediates (e.g., antimony metal or crude antimony oxide) |
(E) |
|
K177 |
Slag from the production of antimony oxide that is speculatively accumulated or disposed, including slag from the production of intermediates (e.g., antimony metal or crude antimony oxide) |
(T) |
|
K178 |
Residues from manufacturing and manufacturing-site storage of ferric chloride from acids formed during the production of titanium dioxide using the chloride-ilmenite process |
(T) |
|
Pesticides: |
||
|
K031 |
By-product salts generated in the production of MSMA and cacodylic acid |
(T) |
|
K032 |
Wastewater treatment sludge from the production of chlordane |
(T) |
|
K033 |
Wastewater and scrub water from the chlorination of cyclopentadiene in the production of chlordane |
(T) |
|
K034 |
Filter solids from the filtration of hexachlorocyclopentadiene in the production of chlordane |
(T) |
|
K035 |
Wastewater treatment sludges generated in the production of creosote |
(T) |
|
K036 |
Still bottoms from toluene reclamation distillation in the production of disulfoton |
(T) |
|
K037 |
Wastewater treatment sludges from the production of disulfoton |
(T) |
|
K038 |
Wastewater from the washing and stripping of phorate production |
(T) |
|
K039 |
Filter cake from the filtration of diethylphosphorodithioic acid in the production of phorate |
(T) |
|
K040 |
Wastewater treatment sludge from the production of phorate |
(T) |
|
K041 |
Wastewater treatment sludge from the production of toxaphene |
(T) |
|
K042 |
Heavy ends or distillation residues from the distillation of tetrachlorobenzene in the production of 2,4,5-T |
(T) |
|
K043 |
2,6-Dichlorophenol waste from the production of 2,4-D |
(T) |
|
K097 |
Vacuum stripper discharge from the chlordane chlorinator in the production of chlordane |
(T) |
|
K098 |
Untreated process wastewater from the production of toxaphene |
(T) |
|
K099 |
Untreated wastewater from the production of 2,4-D |
(T) |
|
K123 |
Process wastewater (including supernates, filtrates, and washwaters) from the production of ethylenebisdithiocarbamic acid and its salt |
(T) |
|
K124 |
Reactor vent scrubber water from the production of ethylenebisdithiocarbamic acid and its salts |
(C, T) |
|
K125 |
Filtration, evaporation, and centrifugation solids from the production of ethylenebisdithiocarbamic acid and its salts |
(T) |
|
K126 |
Baghouse dust and floor sweepings in milling and packaging operations from the production or formulation of ethylenebisdithiocarbamic acid and its salts |
(T) |
|
K131 |
Wastewater from the reactor and spent sulfuric acid from the acid dryer from the production of methyl bromide |
(C, T) |
|
K132 |
Spent absorbent and wastewater separator solids from the production of methyl bromide |
(T) |
|
Explosives: |
||
|
K044 |
Wastewater treatment sludges from the manufacturing and processing of explosives |
(R) |
|
K045 |
Spent carbon from the treatment of wastewater containing explosives |
(R) |
|
K046 |
Wastewater treatment sludges from the manufacturing, formulation and loading of lead-based initiating compounds |
(T) |
|
K047 |
Pink/red water from TNT operations |
(R) |
|
Petroleum refining: |
||
|
K048 |
Dissolved air flotation (DAF) float from the petroleum refining industry |
(T) |
|
K049 |
Slop oil emulsion solids from the petroleum refining industry |
(T) |
|
K050 |
Heat exchanger bundle cleaning sludge from the petroleum refining industry |
(T) |
|
K051 |
API separator sludge from the petroleum refining industry |
(T) |
|
K052 |
Tank bottoms (leaded) from the petroleum refining industry |
(T) |
|
K169 |
Crude oil storage tank sediment from petroleum refining operations |
(T) |
|
K170 |
Clarified slurry oil tank sediment and/or in-line filter/separation solids from petroleum refining operations |
(T) |
|
K171 |
Spent Hydrotreating catalyst from petroleum refining operations, including guard beds used to desulfurize feeds to other catalytic reactors (this listing does not include inert support media) |
(I,T) |
|
K172 |
Spent Hydrorefining catalyst from petroleum refining operations, including guard beds used to desulfurize feeds to other catalytic reactors (this listing does not include inert support media) |
(I,T) |
|
Iron and steel: |
||
|
K061 |
Emission control dust/sludge from the primary production of steel in electric furnaces |
(T) |
|
K062 |
Spent pickle liquor generated by steel finishing operations of facilities within the iron and steel industry (SIC Codes 331 and 332) |
(C,T) |
|
Primary aluminum: |
||
|
K088 |
Spent potliners from primary aluminum reduction |
(T) |
|
Secondary lead: |
||
|
K069 |
Emission control dust/sludge from secondary lead smelting. (Note: This listing is stayed administratively for sludge generated from secondary acid scrubber systems. The stay will remain in effect until further administrative action is taken. If EPA takes further action effecting this stay, EPA will publish a notice of the action in the Federal Register) |
(T) |
|
K100 |
Waste leaching solution from acid leaching of emission control dust/sludge from secondary lead smelting |
(T) |
|
Veterinary pharmaceuticals: |
||
|
K084 |
Wastewater treatment sludges generated during the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds |
(T) |
|
K101 |
Distillation tar residues from the distillation of aniline-based compounds in the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds |
(T) |
|
K102 |
Residue from the use of activated carbon for decolorization in the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds |
(T) |
|
Ink formulation: |
||
|
K086 |
Solvent washes and sludges, caustic washes and sludges, or water washes and sludges from cleaning tubs and equipment used in the formulation of ink from pigments, driers, soaps, and stabilizers containing chromium and lead |
(T) |
|
Coking: |
||
|
K060 |
Ammonia still lime sludge from coking operations |
(T) |
|
K087 |
Decanter tank tar sludge from coking operations |
(T) |
|
K141 |
Process residues from the recovery of coal tar, including, but not limited to, collecting sump residues from the production of coke from coal or the recovery of coke by-products produced from coal. This listing does not include K087 (decanter tank tar sludges from coking operations) |
(T) |
|
K142 |
Tar storage tank residues from the production of coke from coal or from the recovery of coke by-products produced from coal |
(T) |
|
K143 |
Process residues from the recovery of light oil, including, but not limited to, those generated in stills, decanters, and wash oil recovery units from the recovery of coke by-products produced from coal |
(T) |
|
K144 |
Wastewater sump residues from light oil refining, including, but not limited to, intercepting or contamination sump sludges from the recovery of coke by-products produced from coal |
(T) |
|
K145 |
Residues from naphthalene collection and recovery operations from the recovery of coke by-products produced from coal |
(T) |
|
K147 |
Tar storage tank residues from coal tar refining |
(T) |
|
K148 |
Residues from coal tar distillation, including but not limited to, still bottoms |
(T) |
(b)
Listing Specific Definitions:
(1) For the purposes of the K181 listing,
dyes and/or pigments production is defined to include manufacture of the
following product classes: dyes, pigments, or FDA certified colors that are
classified as azo, triarylmethane, perylene or anthraquinone classes. Azo
products include azo, monoazo, diazo, triazo, polyazo, azoic, benzidine, and
pyrazolone products. Triarylmethane products include both triarylmethane and
triphenylmethane products. Wastes that are not generated at a dyes and/ or
pigments manufacturing site, such as wastes from the offsite use, formulation,
and packaging of dyes and/or pigments, are not included in the K181
listing.
(c) K181 Listing
Levels. Nonwastewaters containing constituents in amounts equal to or exceeding
the following levels during any calendar year are subject to the K181 listing,
unless the conditions in the K181 listing are met.
|
Constituent |
Chemical Abstracts No. |
Mass levels (kg/yr) |
|
Aniline |
62-53-3 |
9,300 |
|
o-Anisidine |
90-04-0 |
110 |
|
4-Chloroaniline |
106-47-8 |
4,800 |
|
p-Cresidine |
120-71-8 |
660 |
|
2,4-Dimethylaniline |
95-68-1 |
100 |
|
1,2-Phenylenediamine |
95-54-5 |
710 |
|
1,3-Phenylenediamine |
108-45-2 |
1,200 |
(d)
Procedures for demonstrating that dyes and/or pigment nonwastewaters are not
K181. The procedures described in paragraphs (d)(1)-(d)(3) and (d)(5) of this
section establish when nonwastewaters from the production of dyes/pigments
would not be hazardous (these procedures apply to wastes that are not disposed
in landfill units or treated in combustion units as specified in paragraph (a)
of this section). If the nonwastewaters are disposed in landfill units or
treated in combustion units as described in paragraph (a) of this section, then
the nonwastewaters are not hazardous. In order to demonstrate that it is
meeting the landfill disposal or combustion conditions contained in the K181
listing description, the generator must maintain documentation as described in
paragraph (d)(4) of this section.
(1)
Determination based on no K181 constituents. Generators that have knowledge
(e.g., knowledge of constituents in wastes based on prior sampling and analysis
data and/or information about raw materials used, production processes used,
and reaction and degradation products formed) that their wastes contain none of
the K181 constituents (see paragraph (c) of this section) can use their
knowledge to determine that their waste is not K181. The generator must
document the basis for all such determinations on an annual basis and keep each
annual documentation for three years.
(2) Determination for generated quantities of
1,000 MT/yr or less for wastes that contain K181 constituents. If the total
annual quantity of dyes and/or pigment nonwastewaters generated is 1,000 metric
tons or less, the generator can use knowledge of the wastes (e.g., knowledge of
constituents in wastes based on prior analytical data and/or information about
raw materials used, production processes used, and reaction and degradation
products formed) to conclude that annual mass loadings for the K181
constituents are below the listing levels of paragraph (c) of this section. To
make this determination, the generator must:
(i) Each year document the basis for
determining that the annual quantity of nonwastewaters expected to be generated
will be less than 1,000 metric tons.
(ii) Track the actual quantity of
nonwastewaters generated from January 1 through December 31 of each year. If,
at any time within the year, the actual waste quantity exceeds 1,000 metric
tons, the generator must comply with the requirements of paragraph (d)(3) of
this section for the remainder of the year.
(iii) Keep a running total of the K181
constituent mass loadings over the course of the calendar year.
(iv) Keep the following records on site for
the three most recent calendar years in which the hazardous waste
determinations are made:
(A) The quantity of
dyes and/or pigment nonwastewaters generated.
(B) The relevant process information
used.
(C) The calculations
performed to determine annual total mass loadings for each K181 constituent in
the nonwastewaters during the year.
(3) Determination for generated quantities
greater than 1,000 MT/yr for wastes that contain K181 constituents. If the
total annual quantity of dyes and/or pigment nonwastewaters generated is
greater than 1,000 metric tons, the generator must perform all of the steps
described in paragraphs ((d)(3)(i)-(d)(3)(xi) of this section) in order to make
a determination that its waste is not K181.
(i) Determine which K181 constituents (see
paragraph (c) of this section) are reasonably expected to be present in the
wastes based on knowledge of the wastes (e.g., based on prior sampling and
analysis data and/or information about raw materials used, production processes
used, and reaction and degradation products formed).
(ii) If 1,2-phenylenediamine is present in
the wastes, the generator can use either knowledge or sampling and analysis
procedures to determine the level of this constituent in the wastes. For
determinations based on use of knowledge, the generator must comply with the
procedures for using knowledge described in paragraph (d)(2) of this section
and keep the records described in paragraph (d)(2)(iv) of this section. For
determinations based on sampling and analysis, the generator must comply with
the sampling and analysis and recordkeeping requirements described below in
this section.
(iii) Develop a waste
sampling and analysis plan (or modify an existing plan) to collect and analyze
representative waste samples for the K181 constituents reasonably expected to
be present in the wastes. At a minimum, the plan must include:
(A) A discussion of the number of samples
needed to characterize the wastes fully;
(B) The planned sample collection method to
obtain representative waste samples;
(C) A discussion of how the sampling plan
accounts for potential temporal and spatial variability of the
wastes.
(D) A detailed description
of the test methods to be used, including sample preparation, clean up (if
necessary), and determinative methods.
(iv) Collect and analyze samples in
accordance with the waste sampling and analysis plan.
(A) The sampling and analysis must be
unbiased, precise, and representative of the wastes.
(B) The analytical measurements must be
sufficiently sensitive, accurate and precise to support any claim that the
constituent mass loadings are below the listing levels of paragraph (c) of this
section.
(v) Record the
analytical results.
(vi) Record the
waste quantity represented by the sampling and analysis results.
(vii) Calculate constituent-specific mass
loadings (product of concentrations and waste quantity).
(viii) Keep a running total of the K181
constituent mass loadings over the course of the calendar year.
(ix) Determine whether the mass of any of the
K181 constituents listed in paragraph (c) of this section generated between
January 1 and December 31 of any year is below the K181 listing
levels.
(x) Keep the following
records on site for the three most recent calendar years in which the hazardous
waste determinations are made:
(A) The
sampling and analysis plan.
(B) The
sampling and analysis results (including QA/QC data)
(C) The quantity of dyes and/or pigment
nonwastewaters generated.
(D) The
calculations performed to determine annual mass loadings.
(xi) Nonhazardous waste determinations must
be conducted annually to verify that the wastes remain nonhazardous.
(A) The annual testing requirements are
suspended after three consecutive successful annual demonstrations that the
wastes are nonhazardous. The generator can then use knowledge of the wastes to
support subsequent annual determinations.
(B) The annual testing requirements are
reinstated if the manufacturing or waste treatment processes generating the
wastes are significantly altered, resulting in an increase of the potential for
the wastes to exceed the listing levels.
(C) If the annual testing requirements are
suspended, the generator must keep records of the process knowledge information
used to support a nonhazardous determination. If testing is reinstated, a
description of the process change must be retained.
(4) Recordkeeping for the landfill
disposal and combustion exemptions. For the purposes of meeting the landfill
disposal and combustion condition set out in the K181 listing description, the
generator must maintain on site for three years documentation demonstrating
that each shipment of waste was received by a landfill unit that is subject to
or meets the landfill design standards set out in the listing description, or
was treated in combustion units as specified in the listing
description.
(5) Waste holding and
handling. During the interim period, from the point of generation to completion
of the hazardous waste determination, the generator is responsible for storing
the wastes appropriately. If the wastes are determined to be hazardous and the
generator has not complied with the subtitle C requirements during the interim
period, the generator could be subject to an enforcement action for improper
management.
§
261.33
Discarded commercial chemical products,
off-specification species, container residues, and spill residues
thereof
The following materials or items are hazardous wastes if and when they are discarded or intended to be discarded as described in § 261.2(a)(2)(i), when they are mixed with waste oil or used oil or other material and applied to the land for dust suppression or road treatment, when they are otherwise applied to the land in lieu of their original intended use or when they are contained in products that are applied to the land in lieu of their original intended use, or when, in lieu of their original intended use, they are produced for use as (or as a component of) a fuel, distributed for use as a fuel, or burned as a fuel.
(a)
Any commercial chemical product, or manufacturing chemical intermediate having
the generic name listed in paragraph (e) or (f) of this section.
(b) Any off-specification commercial chemical
product or manufacturing chemical intermediate which, if it met specifications,
would have the generic name listed in paragraph (e) or (f) of this
section.
(c) Any residue remaining
in a container or in an inner liner removed from a container that has held any
commercial chemical product or manufacturing chemical intermediate having the
generic name listed in paragraphs (e) or (f) of this section, unless the
container is empty as defined in § 261.7(b) of this rule.
Comment: Unless the residue is being beneficially used or reused, or legitimately recycled or reclaimed; or being accumulated, stored, transported or treated prior to such use, re-use, recycling or reclamation, the Division considers the residue to be intended for discard, and thus, a hazardous waste. An example of a legitimate re-use of the residue would be where the residue remains in the container and the container is used to hold the same commercial chemical product or manufacturing chemical intermediate it previously held. An example of the discard of the residue would be where the drum is sent to a drum reconditioner who reconditions the drum but discards the residue.
(d) Any residue or
contaminated soil, water or other debris resulting from the cleanup of a spill
into or on any land or water of any commercial chemical product or
manufacturing chemical intermediate having the generic name listed in paragraph
(e) or (f) of this section, or any residue or contaminated soil, water or other
debris resulting from the cleanup of a spill, into or on any land or water, of
any off-specification chemical product and manufacturing chemical intermediate
which, if it met specifications, would have the generic name listed in
paragraph (e) or (f) of this section.
Comment: The phrase "commercial chemical product or manufacturing chemical intermediate having the generic name listed in ..." refers to a chemical substance which is manufactured or formulated for commercial or manufacturing use which consists of the commercially pure grade of the chemical, any technical grades of the chemical that are produced or marketed, and all formulations in which the chemical is the sole active ingredient. It does not refer to a material, such as a manufacturing process waste, that contains any of the substances listed in paragraph (e) or (f). Where a manufacturing process waste is deemed to be a hazardous waste because it contains a substance listed in paragraph (e) or (f), such waste will be listed in either § 261.31 or § 261.32 or will be identified as a hazardous waste by the characteristics set forth in subsection C of this section.
(e) The commercial
chemical products, manufacturing chemical intermediates or off-specification
commercial chemical products or manufacturing chemical inter-mediates referred
to in paragraphs (a) through (d) of this section, are identified as acute
hazardous wastes (H).
Comment: For the convenience of the regulated community the primary hazardous properties of these materials have been indicated by the letters T (Toxicity), and R (Reactivity). Absence of a letter indicates that the compound only is listed for acute toxicity. Wastes are first listed in alphabetical order by substance and then listed again in numerical order by Hazardous Waste Number.
|
Hazardous waste No. |
Chemical abstracts No. |
Substance |
|
P023 |
107-20-0 |
Acetaldehyde, chloro- |
|
P002 |
591-08-2 |
Acetamide, N-(aminothioxomethyl)- |
|
P057 |
640-19-7 |
Acetamide, 2-fluoro- |
|
P058 |
62-74-8 |
Acetic acid, fluoro-, sodium salt |
|
P002 |
591-08-2 |
1-Acetyl-2-thiourea |
|
P003 |
107-02-8 |
Acrolein |
|
P070 |
116-06-3 |
Aldicarb |
|
P203 |
1646-88-4 |
Aldicarb sulfone. |
|
P004 |
309-00-2 |
Aldrin |
|
P005 |
107-18-6 |
Allyl alcohol |
|
P006 |
20859-73-8 |
Aluminum phosphide (R,T) |
|
P007 |
2763-96-4 |
5-(Aminomethyl)-3-isoxazolol |
|
P008 |
504-24-5 |
4-Aminopyridine |
|
P009 |
131-74-8 |
Ammonium picrate (R) |
|
P119 |
7803-55-6 |
Ammonium vanadate |
|
P099 |
506-61-6 |
Argentate(1-), bis(cyano-C)-, potassium |
|
P010 |
7778-39-4 |
Arsenic acid H3 AsO4 |
|
P012 |
1327-53-3 |
Arsenic oxide As2 O3 |
|
P011 |
1303-28-2 |
Arsenic oxide As2 O5 |
|
P011 |
1303-28-2 |
Arsenic pentoxide |
|
P012 |
1327-53-3 |
Arsenic trioxide |
|
P038 |
692-42-2 |
Arsine, diethyl- |
|
P036 |
696-28-6 |
Arsonous dichloride, phenyl- |
|
P054 |
151-56-4 |
Aziridine |
|
P067 |
75-55-8 |
Aziridine, 2-methyl- |
|
P013 |
542-62-1 |
Barium cyanide |
|
P024 |
106-47-8 |
Benzenamine, 4-chloro- |
|
P077 |
100-01-6 |
Benzenamine, 4-nitro- |
|
P028 |
100-44-7 |
Benzene, (chloromethyl)- |
|
P042 |
51-43-4 |
1,2-Benzenediol, 4-[1-hydroxy-2-(methylamino)ethyl]-, (R)- |
|
P046 |
122-09-8 |
Benzeneethanamine, alpha,alpha-dimethyl- |
|
P014 |
108-98-5 |
Benzenethiol |
|
P127 |
1563-66-2 |
7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-, methylcarbamate. |
|
P188 |
57-64-7 |
Benzoic acid, 2-hydroxy-, compd. with (3aS-cis)-1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethylpyrrolo[2,3-b]indol-5-yl methylcarbamate ester (1:1). |
|
P001 |
181-81-2 |
2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-oxo-1-phenylbutyl)-, & salts, when present at concentrations greater than 0.3% |
|
P028 |
100-44-7 |
Benzyl chloride |
|
P015 |
7440-41-7 |
Beryllium powder |
|
P017 |
598-31-2 |
Bromoacetone |
|
P018 |
357-57-3 |
Brucine |
|
P045 |
39196-18-4 |
2-Butanone, 3,3-dimethyl-1-(methylthio)-, O-[(methylamino)carbonyl] oxime |
|
P021 |
592-01-8 |
Calcium cyanide |
|
P021 |
592-01-8 |
Calcium cyanide Ca(CN)2 |
|
P189 |
55285-14-8 |
Carbamic acid, [(dibutylamino)- thio]methyl-, 2,3-dihydro-2,2-dimethyl- 7-benzofuranyl ester. |
|
P191 |
644-64-4 |
Carbamic acid, dimethyl-, 1-[(dimethyl-amino)carbonyl]- 5-methyl-1H- pyrazol-3-yl ester. |
|
P192 |
119-38-0 |
Carbamic acid, dimethyl-, 3-methyl-1- (1-methylethyl)-1H- pyrazol-5-yl ester. |
|
P190 |
1129-41-5 |
Carbamic acid, methyl-, 3-methylphenyl ester. |
|
P127 |
1563-66-2 |
Carbofuran. |
|
P022 |
75-15-0 |
Carbon disulfide |
|
P095 |
75-44-5 |
Carbonic dichloride |
|
P189 |
55285-14-8 |
Carbosulfan. |
|
P023 |
107-20-0 |
Chloroacetaldehyde |
|
P024 |
106-47-8 |
p-Chloroaniline |
|
P026 |
5344-82-1 |
1-(o-Chlorophenyl)thiourea |
|
P027 |
542-76-7 |
3-Chloropropionitrile |
|
P029 |
544-92-3 |
Copper cyanide |
|
P029 |
544-92-3 |
Copper cyanide Cu(CN) |
|
P202 |
64-00-6 |
m-Cumenyl methylcarbamate. |
|
P030 |
Cyanides (soluble cyanide salts), not otherwise specified |
|
|
P031 |
460-19-5 |
Cyanogen |
|
P033 |
506-77-4 |
Cyanogen chloride |
|
P033 |
506-77-4 |
Cyanogen chloride (CN)Cl |
|
P034 |
131-89-5 |
2-Cyclohexyl-4,6-dinitrophenol |
|
P016 |
542-88-1 |
Dichloromethyl ether |
|
P036 |
696-28-6 |
Dichlorophenylarsine |
|
P037 |
60-57-1 |
Dieldrin |
|
P038 |
692-42-2 |
Diethylarsine |
|
P041 |
311-45-5 |
Diethyl-p-nitrophenyl phosphate |
|
P040 |
297-97-2 |
O,O-Diethyl O-pyrazinyl phosphorothioate |
|
P043 |
55-91-4 |
Diisopropylfluorophosphate (DFP) |
|
P004 |
309-00-2 |
1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexa- chloro-1,4,4a,5,8,8a,-hexahydro-, (1alpha,4alpha,4abeta,5alpha,8alpha,8abeta)- |
|
P060 |
465-73-6 |
1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexa- chloro-1,4,4a,5,8,8a-hexahydro-, (1alpha,4alpha,4abeta,5beta,8beta,8abeta)- |
|
P037 |
60-57-1 |
2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-, (1aalpha,2beta,2aalpha,3beta,6beta,6aalpha,7beta, 7aalpha)- |
|
P051 |
1 72-20-8 |
2,7:3,6-Dimethanonaphth [2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-, (1aalpha,2beta,2abeta,3alpha,6alpha,6abeta,7beta, 7aalpha)-, & metabolites |
|
P044 |
60-51-5 |
Dimethoate |
|
P046 |
122-09-8 |
alpha,alpha-Dimethylphenethylamine |
|
P191 |
644-64-4 |
Dimetilan. |
|
P047 |
1534-52-1 |
4,6-Dinitro-o-cresol, & salts |
|
P048 |
51-28-5 |
2,4-Dinitrophenol |
|
P020 |
88-85-7 |
Dinoseb |
|
P085 |
152-16-9 |
Diphosphoramide, octamethyl- |
|
P111 |
107-49-3 |
Diphosphoric acid, tetraethyl ester |
|
P039 |
298-04-4 |
Disulfoton |
|
P049 |
541-53-7 |
Dithiobiuret |
|
P185 |
26419-73-8 |
1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-, O- [(methylamino)-carbonyl]oxime. |
|
P050 |
115-29-7 |
Endosulfan |
|
P088 |
145-73-3 |
Endothall |
|
P051 |
72-20-8 |
Endrin |
|
P051 |
72-20-8 |
Endrin, & metabolites |
|
P042 |
51-43-4 |
Epinephrine |
|
P031 |
460-19-5 |
Ethanedinitrile |
|
P194 |
23135-22-0 |
Ethanimidothioic acid, 2-(dimethylamino)-N-[[(methylamino) carbonyl]oxy]-2-oxo-, methyl ester. |
|
P066 |
16752-77-5 |
Ethanimidothioic acid, N-[[(methylamino)carbonyl]oxy]-, methyl ester |
|
P101 |
107-12-0 |
Ethyl cyanide |
|
P054 |
151-56-4 |
Ethyleneimine |
|
P097 |
52-85-7 |
Famphur |
|
P056 |
7782-41-4 |
Fluorine |
|
P057 |
640-19-7 |
Fluoroacetamide |
|
P058 |
62-74-8 |
Fluoroacetic acid, sodium salt |
|
P198 |
23422-53-9 |
Formetanate hydrochloride. |
|
P197 |
17702-57-7 |
Formparanate. |
|
P065 |
628-86-4 |
Fulminic acid, mercury(2 +) salt (R,T) |
|
P059 |
76-44-8 |
Heptachlor |
|
P062 |
757-58-4 |
Hexaethyl tetraphosphate |
|
P116 |
79-19-6 |
Hydrazinecarbothioamide |
|
P068 |
60-34-4 |
Hydrazine, methyl- |
|
P063 |
74-90-8 |
Hydrocyanic acid |
|
P063 |
74-90-8 |
Hydrogen cyanide |
|
P096 |
7803-51-2 |
Hydrogen phosphide |
|
P060 |
465-73-6 |
Isodrin |
|
P192 |
119-38-0 |
Isolan. |
|
P202 |
64-00-6 |
3-Isopropylphenyl N-methylcarbamate. |
|
P007 |
2763-96-4 |
3(2H)-Isoxazolone, 5-(aminomethyl)- |
|
P196 |
15339-36-3 |
Manganese, bis(dimethylcarbamodithioato-S,S')-, |
|
P196 |
15339-36-3 |
Manganese dimethyldithiocarbamate. |
|
P092 |
62-38-4 |
Mercury, (acetato-O)phenyl- |
|
P065 |
628-86-4 |
Mercury fulminate (R,T) |
|
P082 |
62-75-9 |
Methanamine, N-methyl-N-nitroso- |
|
P064 |
624-83-9 |
Methane, isocyanato- |
|
P016 |
542-88-1 |
Methane, oxybis[chloro- |
|
P112 |
509-14-8 |
Methane, tetranitro- (R) |
|
P118 |
75-70-7 |
Methanethiol, trichloro- |
|
P198 |
23422-53-9 |
Methanimidamide, N,N-dimethyl-N'-[3-[[(methylamino)-carbonyl]oxy]phenyl]-, monohydrochloride. |
|
P197 |
17702-57-7 |
Methanimidamide, N,N-dimethyl-N'-[2-methyl-4-[[(methylamino)carbonyl]oxy]phenyl]- |
|
P050 |
115-29-7 |
6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-, 3-oxide |
|
P059 |
76-44-8 |
4,7-Methano-lH-indene, 1,4,5,6,7,8,8-heptachloro-3a,4,7,7a-tetrahydro- |
|
P199 |
2032-65-7 |
Methiocarb. |
|
P066 |
16752-77-5 |
Methomyl |
|
P068 |
60-34-4 |
Methyl hydrazine |
|
P064 |
624-83-9 |
Methyl isocyanate |
|
P069 |
75-86-5 |
2-Methyllactonitrile |
|
P071 |
298-00-0 |
Methyl parathion |
|
P190 |
1129-41-5 |
Metolcarb. |
|
P128 |
315-8-4 |
Mexacarbate. |
|
P072 |
86-88-4 |
alpha-Naphthylthiourea |
|
P073 |
13463-39-3 |
Nickel carbonyl |
|
P073 |
13463-39-3 |
Nickel carbonyl Ni(C0)4, (T-4)- |
|
P074 |
557-19-7 |
Nickel cyanide |
|
P074 |
557-19-7 |
Nickel cyanide Ni(CN)2 |
|
P075 |
154-11-5 |
Nicotine, & salts |
|
P076 |
10102-43-9 |
Nitric oxide |
|
P077 |
100-01-6 |
p-Nitroaniline |
|
P078 |
10102-44-0 |
Nitrogen dioxide |
|
P076 |
10102-43-9 |
Nitrogen oxide NO |
|
P078 |
10102-44-0 |
Nitrogen oxide NO2 |
|
P081 |
55-63-0 |
Nitroglycerine (R) |
|
P082 |
62-75-9 |
N-Nitrosodimethylamine |
|
P084 |
4549-40-0 |
N-Nitrosomethylvinylamine |
|
P085 |
152-16-9 |
Octamethylpyrophosphoramide |
|
P087 |
20816-12-0 |
Osmium oxide OSO4, (T-4)- |
|
P087 |
20816-12-0 |
Osmium tetroxide |
|
P088 |
145-73-3 |
7-Oxabicyclo[2.2.l]heptane-2,3-dicarboxylic acid |
|
P194 |
23135-22-0 |
Oxamyl. |
|
P089 |
56-38-2 |
Parathion |
|
P034 |
131-89-5 |
Phenol, 2-cyclohexyl-4,6-dinitro- |
|
P048 |
51-28-5 |
Phenol, 2,4-dinitro- |
|
P047 |
1534-52-1 |
Phenol, 2-methyl-4,6-dinitro-, & salts |
|
P020 |
88-85-7 |
Phenol, 2-(1-methylpropyl)-4,6-dinitro- |
|
P009 |
131-74-8 |
Phenol, 2,4,6-trinitro-, ammonium salt (R) |
|
P128 |
315-18-4 |
Phenol, 4-(dimethylamino)-3,5-dimethyl-, methylcarbamate (ester). |
|
P199 |
2032-65-7 |
Phenol, (3,5-dimethyl-4-(methylthio)-, methylcarbamate |
|
P202 |
64-00-6 |
Phenol, 3-(1-methylethyl)-, methyl carbamate. |
|
P201 |
2631-37-0 |
Phenol, 3-methyl-5-(1-methylethyl)-, methyl carbamate. |
|
P092 |
62-38-4 |
Phenylmercury acetate |
|
P093 |
103-85-5 |
Phenylthiourea |
|
P094 |
298-02-2 |
Phorate |
|
P095 |
75-44-5 |
Phosgene |
|
P096 |
7803-51-2 |
Phosphine |
|
P041 |
311-45-5 |
Phosphoric acid, diethyl 4-nitrophenyl ester |
|
P039 |
298-04-4 |
Phosphorodithioic acid, O,O-diethyl S-[2-(ethylthio)ethyl] ester |
|
P094 |
298-02-2 |
Phosphorodithioic acid, O,O-diethyl S-[(ethylthio)methyl] ester |
|
P044 |
60-51-5 |
Phosphorodithioic acid, O,O-dimethyl S-[2-(methylamino)-2-oxoethyl] ester |
|
P043 |
55-91-4 |
Phosphorofluoridic acid, bis(1-methylethyl) ester |
|
P089 |
56-38-2 |
Phosphorothioic acid, O,O-diethyl O-(4-nitrophenyl) ester |
|
P040 |
297-97-2 |
Phosphorothioic acid, O,O-diethyl O-pyrazinyl ester |
|
P097 |
52-85-7 |
Phosphorothioic acid, O-[4-[(dimethylamino)sulfonyl]phenyl] O,O-dimethyl ester |
|
P071 |
298-00-0 |
Phosphorothioic acid, O,O,-dimethyl O-(4-nitrophenyl) ester |
|
P204 |
57-47-6 |
Physostigmine. |
|
P188 |
57-64-7 |
Physostigmine salicylate. |
|
P110 |
78-00-2 |
Plumbane, tetraethyl- |
|
P098 |
151-50-8 |
Potassium cyanide |
|
P098 |
151-50-8 |
Potassium cyanide K(CN) |
|
P099 |
506-61-6 |
Potassium silver cyanide |
|
P201 |
2631-37-0 |
Promecarb |
|
P070 |
116-06-3 |
Propanal, 2-methyl-2-(methylthio)-, O-[(methylamino)carbonyl]oxime |
|
P203 |
1646-88-4 |
Propanal, 2-methyl-2-(methyl-sulfonyl)-, O-[(methylamino)carbonyl] oxime. |
|
P101 |
107-12-0 |
Propanenitrile |
|
P027 |
542-76-7 |
Propanenitrile, 3-chloro- |
|
P069 |
75-86-5 |
Propanenitrile, 2-hydroxy-2-methyl- |
|
P081 |
55-63-0 |
1,2,3-Propanetriol, trinitrate (R) |
|
P017 |
598-31-2 |
2-Propanone, 1-bromo- |
|
P102 |
107-19-7 |
Propargyl alcohol |
|
P003 |
107-02-8 |
2-Propenal |
|
P005 |
107-18-6 |
2-Propen-1-ol |
|
P067 |
75-55-8 |
1,2-Propylenimine |
|
P102 |
107-19-7 |
2-Propyn-1-ol |
|
P008 |
504-24-5 |
4-Pyridinamine |
|
P075 |
154-11-5 |
Pyridine, 3-(1-methyl-2-pyrrolidinyl)-, (S)-, & salts |
|
P204 |
57-47-6 |
Pyrrolo[2,3-b]indol-5-ol, 1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethyl-, methylcarbamate (ester), (3aS-cis)-. |
|
P114 |
12039-52-0 |
Selenious acid, dithallium(1 +) salt |
|
P103 |
630-10-4 |
Selenourea |
|
P104 |
506-64-9 |
Silver cyanide |
|
P104 |
506-64-9 |
Silver cyanide Ag(CN) |
|
P105 |
26628-22-8 |
Sodium azide |
|
P106 |
143-33-9 |
Sodium cyanide |
|
P106 |
143-33-9 |
Sodium cyanide Na(CN) |
|
P108 |
157-24-9 |
Strychnidin-10-one, & salts |
|
P018 |
357-57-3 |
Strychnidin-10-one, 2,3-dimethoxy- |
|
P108 |
157-24-9 |
Strychnine, & salts |
|
P115 |
7446-18-6 |
Sulfuric acid, dithallium(1 +) salt |
|
P109 |
3689-24-5 |
Tetraethyldithiopyrophosphate |
|
P110 |
78-00-2 |
Tetraethyl lead |
|
P111 |
107-49-3 |
Tetraethyl pyrophosphate |
|
P112 |
509-14-8 |
Tetranitromethane (R) |
|
P062 |
757-58-4 |
Tetraphosphoric acid, hexaethyl ester |
|
P113 |
1314-32-5 |
Thallic oxide |
|
P113 |
1314-32-5 |
Thallium oxide Tl2 O3 |
|
P114 |
12039-52-0 |
Thallium(I) selenite |
|
P115 |
7446-18-6 |
Thallium(I) sulfate |
|
P109 |
3689-24-5 |
Thiodiphosphoric acid, tetraethyl ester |
|
P045 |
39196-18-4 |
Thiofanox |
|
P049 |
541-53-7 |
Thioimidodicarbonic diamide [(H2 N)C(S)]2 NH |
|
P014 |
108-98-5 |
Thiophenol |
|
P116 |
79-19-6 |
Thiosemicarbazide |
|
P026 |
5344-82-1 |
Thiourea, (2-chlorophenyl)- |
|
P072 |
86-88-4 |
Thiourea, 1-naphthalenyl- |
|
P093 |
103-85-5 |
Thiourea, phenyl- |
|
P185 |
26419-73-8 |
Tirpate. |
|
P123 |
8001-35-2 |
Toxaphene |
|
P118 |
75-70-7 |
Trichloromethanethiol |
|
P119 |
7803-55-6 |
Vanadic acid, ammonium salt |
|
P120 |
1314-62-1 |
Vanadium oxide V2 O5 |
|
P120 |
1314-62-1 |
Vanadium pentoxide |
|
P084 |
4549-40-0 |
Vinylamine, N-methyl-N-nitroso- |
|
P001 |
181-81-2 |
Warfarin, & salts, when present at concentrations greater than 0.3% |
|
P205 |
137-30-4 |
Zinc, bis(dimethylcarbamodithioato-S,S')-, |
|
P121 |
557-21-1 |
Zinc cyanide |
|
P121 |
557-21-1 |
Zinc cyanide Zn(CN)2 |
|
P122 |
1314-84-7 |
Zinc phosphide Zn3 P2, when present at concentrations greater than 10% (R,T) |
|
P205 |
137-30-4 |
Ziram. |
|
P001 |
181-81-2 |
2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-oxo-1-phenylbutyl)-, & salts, when present at concentrations greater than 0.3% |
|
P001 |
181-81-2 |
Warfarin, & salts, when present at concentrations greater than 0.3% |
|
P002 |
591-08-2 |
Acetamide, -(aminothioxomethyl)- |
|
P002 |
591-08-2 |
1-Acetyl-2-thiourea |
|
P003 |
107-02-8 |
Acrolein |
|
P003 |
107-02-8 |
2-Propenal |
|
P004 |
309-00-2 |
Aldrin |
|
P004 |
309-00-2 |
1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexa-chloro-1,4,4a,5,8,8a,-hexahydro-, (1alpha,4alpha,4abeta,5alpha,8alpha,8abeta)- |
|
P005 |
107-18-6 |
Allyl alcohol |
|
P005 |
107-18-6 |
2-Propen-1-ol |
|
P006 |
20859-73-8 |
Aluminum phosphide (R,T) |
|
P007 |
2763-96-4 |
5-(Aminomethyl)-3-isoxazolol |
|
P007 |
2763-96-4 |
3(2H)-Isoxazolone, 5-(aminomethyl)- |
|
P008 |
504-24-5 |
4-Aminopyridine |
|
P008 |
504-24-5 |
4-Pyridinamine |
|
P009 |
131-74-8 |
Ammonium picrate (R) |
|
P009 |
131-74-8 |
Phenol, 2,4,6-trinitro-, ammonium salt (R) |
|
P010 |
7778-39-4 |
Arsenic acid H3 AsO4 |
|
P011 |
1303-28-2 |
Arsenic oxide As2 O5 |
|
P011 |
1303-28-2 |
Arsenic pentoxide |
|
P012 |
1327-53-3 |
Arsenic oxide As2 O3 |
|
P012 |
1327-53-3 |
Arsenic trioxide |
|
P013 |
542-62-1 |
Barium cyanide |
|
P014 |
108-98-5 |
Benzenethiol |
|
P014 |
108-98-5 |
Thiophenol |
|
P015 |
7440-41-7 |
Beryllium powder |
|
P016 |
542-88-1 |
Dichloromethyl ether |
|
P016 |
542-88-1 |
Methane, oxybis[chloro- |
|
P017 |
598-31-2 |
Bromoacetone |
|
P017 |
598-31-2 |
2-Propanone, 1-bromo- |
|
P018 |
357-57-3 |
Brucine |
|
P018 |
357-57-3 |
Strychnidin-10-one, 2,3-dimethoxy- |
|
P020 |
88-85-7 |
Dinoseb |
|
P020 |
88-85-7 |
Phenol, 2-(1-methylpropyl)-4,6-dinitro- |
|
P021 |
592-01-8 |
Calcium cyanide |
|
P021 |
592-01-8 |
Calcium cyanide Ca(CN)2 |
|
P022 |
75-15-0 |
Carbon disulfide |
|
P023 |
107-20-0 |
Acetaldehyde, chloro- |
|
P023 |
107-20-0 |
Chloroacetaldehyde |
|
P024 |
106-47-8 |
Benzenamine, 4-chloro- |
|
P024 |
106-47-8 |
p-Chloroaniline |
|
P026 |
5344-82-1 |
1-(o-Chlorophenyl)thiourea |
|
P026 |
5344-82-1 |
Thiourea, (2-chlorophenyl)- |
|
P027 |
542-76-7 |
3-Chloropropionitrile |
|
P027 |
542-76-7 |
Propanenitrile, 3-chloro- |
|
P028 |
100-44-7 |
Benzene, (chloromethyl)- |
|
P028 |
100-44-7 |
Benzyl chloride |
|
P029 |
544-92-3 |
Copper cyanide |
|
P029 |
544-92-3 |
Copper cyanide Cu(CN) |
|
P030 |
Cyanides (soluble cyanide salts), not otherwise specified |
|
|
P031 |
460-19-5 |
Cyanogen |
|
P031 |
460-19-5 |
Ethanedinitrile |
|
P033 |
506-77-4 |
Cyanogen chloride |
|
P033 |
506-77-4 |
Cyanogen chloride (CN)Cl |
|
P034 |
131-89-5 |
2-Cyclohexyl-4,6-dinitrophenol |
|
P034 |
131-89-5 |
Phenol, 2-cyclohexyl-4,6-dinitro- |
|
P036 |
696-28-6 |
Arsonous dichloride, phenyl- |
|
P036 |
696-28-6 |
Dichlorophenylarsine |
|
P037 |
60-57-1 |
Dieldrin |
|
P037 |
60-57-1 |
2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-, (1aalpha,2beta,2aalpha,3beta,6beta,6aalpha,7beta, 7aalpha)- |
|
P038 |
692-42-2 |
Arsine, diethyl- |
|
P038 |
692-42-2 |
Diethylarsine |
|
P039 |
298-04-4 |
Disulfoton |
|
P039 |
298-04-4 |
Phosphorodithioic acid, O,O-diethyl S-[2-(ethylthio)ethyl] ester |
|
P040 |
297-97-2 |
O,O-Diethyl O-pyrazinyl phosphorothioate |
|
P040 |
297-97-2 |
Phosphorothioic acid, O,O-diethyl O-pyrazinyl ester |
|
P041 |
311-45-5 |
Diethyl-p-nitrophenyl phosphate |
|
P041 |
311-45-5 |
Phosphoric acid, diethyl 4-nitrophenyl ester |
|
P042 |
51-43-4 |
1,2-Benzenediol, 4-[1-hydroxy-2-(methylamino)ethyl]-, (R)- |
|
P042 |
51-43-4 |
Epinephrine |
|
P043 |
55-91-4 |
Diisopropylfluorophosphate (DFP) |
|
P043 |
55-91-4 |
Phosphorofluoridic acid, bis(1-methylethyl) ester |
|
P044 |
60-51-5 |
Dimethoate |
|
P044 |
60-51-5 |
Phosphorodithioic acid, O,O-dimethyl S-[2-(methyl amino)-2-oxoethyl] ester |
|
P045 |
39196-18-4 |
2-Butanone, 3,3-dimethyl-1-(methylthio)-, O-[(methylamino)carbonyl] oxime |
|
P045 |
39196-18-4 |
Thiofanox |
|
P046 |
122-09-8 |
Benzeneethanamine, alpha,alpha-dimethyl- |
|
P046 |
122-09-8 |
alpha,alpha-Dimethylphenethylamine |
|
P047 |
1534-52-1 |
4,6-Dinitro-o-cresol, & salts |
|
P047 |
1534-52-1 |
Phenol, 2-methyl-4,6-dinitro-, & salts |
|
P048 |
51-28-5 |
2,4-Dinitrophenol |
|
P048 |
51-28-5 |
Phenol, 2,4-dinitro- |
|
P049 |
541-53-7 |
Dithiobiuret |
|
P049 |
541-53-7 |
Thioimidodicarbonic diamide [(H2 N)C(S)]2 NH |
|
P050 |
115-29-7 |
Endosulfan |
|
P050 |
115-29-7 |
6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-, 3-oxide |
|
P051 |
172-20-8 |
2,7:3,6-Dimethanonaphth [2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-, (1aalpha,2beta,2abeta,3alpha,6alpha,6abeta,7beta, 7aalpha)-, & metabolites |
|
P051 |
72-20-8 |
Endrin |
|
P051 |
72-20-8 |
Endrin, & metabolites |
|
P054 |
151-56-4 |
Aziridine |
|
P054 |
151-56-4 |
Ethyleneimine |
|
P056 |
7782-41-4 |
Fluorine |
|
P057 |
640-19-7 |
Acetamide, 2-fluoro- |
|
P057 |
640-19-7 |
Fluoroacetamide |
|
P058 |
62-74-8 |
Acetic acid, fluoro-, sodium salt |
|
P058 |
62-74-8 |
Fluoroacetic acid, sodium salt |
|
P059 |
76-44-8 |
Heptachlor |
|
P059 |
76-44-8 |
4,7-Methano-1H-indene, 1,4,5,6,7,8,8-heptachloro-3a,4,7,7a-tetrahydro- |
|
P060 |
465-73-6 |
1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexa-chloro-1,4,4a,5,8,8a-hexahydro-, (1alpha,4alpha,4abeta,5beta,8beta,8abeta)- |
|
P060 |
465-73-6 |
Isodrin |
|
P062 |
757-58-4 |
Hexaethyl tetraphosphate |
|
P062 |
757-58-4 |
Tetraphosphoric acid, hexaethyl ester |
|
P063 |
74-90-8 |
Hydrocyanic acid |
|
P063 |
74-90-8 |
Hydrogen cyanide |
|
P064 |
624-83-9 |
Methane, isocyanato- |
|
P064 |
624-83-9 |
Methyl isocyanate |
|
P065 |
628-86-4 |
Fulminic acid, mercury(2 +) salt (R,T) |
|
P065 |
628-86-4 |
Mercury fulminate (R,T) |
|
P066 |
16752-77-5 |
Ethanimidothioic acid, N-[[(methylamino)carbonyl]oxy]-, methylester |
|
P066 |
16752-77-5 |
Methomyl |
|
P067 |
75-55-8 |
Aziridine, 2-methyl- |
|
P067 |
75-55-8 |
1,2-Propylenimine |
|
P068 |
60-34-4 |
Hydrazine, methyl- |
|
P068 |
60-34-4 |
Methyl hydrazine |
|
P069 |
75-86-5 |
2-Methyllactonitrile |
|
P069 |
75-86-5 |
Propanenitrile, 2-hydroxy-2-methyl- |
|
P070 |
116-06-3 |
Aldicarb |
|
P070 |
116-06-3 |
Propanal, 2-methyl-2-(methylthio)-, O-[(methylamino)carbonyl]oxime |
|
P071 |
298-00-0 |
Methyl parathion |
|
P071 |
298-00-0 |
Phosphorothioic acid, O,O,-dimethyl O-(4-nitrophenyl) ester |
|
P072 |
86-88-4 |
alpha-Naphthylthiourea |
|
P072 |
86-88-4 |
Thiourea, 1-naphthalenyl- |
|
P073 |
13463-39-3 |
Nickel carbonyl |
|
P073 |
13463-39-3 |
Nickel carbonyl Ni(CO)4, (T-4)- |
|
P074 |
557-19-7 |
Nickel cyanide |
|
P074 |
557-19-7 |
Nickel cyanide Ni(CN)2 |
|
P075 |
154-11-5 |
Nicotine, & salts |
|
P075 |
154-11-5 |
Pyridine, 3-(1-methyl-2-pyrrolidinyl)-, (S)-, & salts |
|
P076 |
10102-43-9 |
Nitric oxide |
|
P076 |
10102-43-9 |
Nitrogen oxide NO |
|
P077 |
100-01-6 |
Benzenamine, 4-nitro- |
|
P077 |
100-01-6 |
p-Nitroaniline |
|
P078 |
10102-44-0 |
Nitrogen dioxide |
|
P078 |
10102-44-0 |
Nitrogen oxide NO2 |
|
P081 |
55-63-0 |
Nitroglycerine (R) |
|
P081 |
55-63-0 |
1,2,3-Propanetriol, trinitrate (R) |
|
P082 |
62-75-9 |
Methanamine, -methyl-N-nitroso- |
|
P082 |
62-75-9 |
N-Nitrosodimethylamine |
|
P084 |
4549-40-0 |
N-Nitrosomethylvinylamine |
|
P084 |
4549-40-0 |
Vinylamine, -methyl-N-nitroso- |
|
P085 |
152-16-9 |
Diphosphoramide, octamethyl- |
|
P085 |
152-16-9 |
Octamethylpyrophosphoramide |
|
P087 |
20816-12-0 |
Osmium oxide OsO4, (T-4)- |
|
P087 |
20816-12-0 |
Osmium tetroxide |
|
P088 |
145-73-3 |
Endothall |
|
P088 |
145-73-3 |
7-Oxabicyclo[2.2.1]heptane-2,3-dicarboxylic acid |
|
P089 |
56-38-2 |
Parathion |
|
P089 |
56-38-2 |
Phosphorothioic acid, O,O-diethyl O-(4-nitrophenyl) ester |
|
P092 |
62-38-4 |
Mercury, (acetato-O)phenyl- |
|
P092 |
62-38-4 |
Phenylmercury acetate |
|
P093 |
103-85-5 |
Phenylthiourea |
|
P093 |
103-85-5 |
Thiourea, phenyl- |
|
P094 |
298-02-2 |
Phorate |
|
P094 |
298-02-2 |
Phosphorodithioic acid, O,O-diethyl S-[(ethylthio)methyl] ester |
|
P095 |
75-44-5 |
Carbonic dichloride |
|
P095 |
75-44-5 |
Phosgene |
|
P096 |
7803-51-2 |
Hydrogen phosphide |
|
P096 |
7803-51-2 |
Phosphine |
|
P097 |
52-85-7 |
Famphur |
|
P097 |
52-85-7 |
Phosphorothioic acid, O-[4-[(dimethylamino)sulfonyl]phenyl] O,O-dimethyl ester |
|
P098 |
151-50-8 |
Potassium cyanide |
|
P098 |
151-50-8 |
Potassium cyanide K(CN) |
|
P099 |
506-61-6 |
Argentate(1-), bis(cyano-C)-, potassium |
|
P099 |
506-61-6 |
Potassium silver cyanide |
|
P101 |
107-12-0 |
Ethyl cyanide |
|
P101 |
107-12-0 |
Propanenitrile |
|
P102 |
107-19-7 |
Propargyl alcohol |
|
P102 |
107-19-7 |
2-Propyn-1-ol |
|
P103 |
630-10-4 |
Selenourea |
|
P104 |
506-64-9 |
Silver cyanide |
|
P104 |
506-64-9 |
Silver cyanide Ag(CN) |
|
P105 |
26628-22-8 |
Sodium azide |
|
P106 |
143-33-9 |
Sodium cyanide |
|
P106 |
143-33-9 |
Sodium cyanide Na(CN) |
|
P108 |
1157-24-9 |
Strychnidin-10-one, & salts |
|
P108 |
1157-24-9 |
Strychnine, & salts |
|
P109 |
3689-24-5 |
Tetraethyldithiopyrophosphate |
|
P109 |
3689-24-5 |
Thiodiphosphoric acid, tetraethyl ester |
|
P110 |
78-00-2 |
Plumbane, tetraethyl- |
|
P110 |
78-00-2 |
Tetraethyl lead |
|
P111 |
107-49-3 |
Diphosphoric acid, tetraethyl ester |
|
P111 |
107-49-3 |
Tetraethyl pyrophosphate |
|
P112 |
509-14-8 |
Methane, tetranitro-(R) |
|
P112 |
509-14-8 |
Tetranitromethane (R) |
|
P113 |
1314-32-5 |
Thallic oxide |
|
P113 |
1314-32-5 |
Thallium oxide Tl2 O3 |
|
P114 |
12039-52-0 |
Selenious acid, dithallium(1 +) salt |
|
P114 |
12039-52-0 |
Tetraethyldithiopyrophosphate |
|
P115 |
7446-18-6 |
Thiodiphosphoric acid, tetraethyl ester |
|
P115 |
7446-18-6 |
Plumbane, tetraethyl- |
|
P116 |
79-19-6 |
Tetraethyl lead |
|
P116 |
79-19-6 |
Thiosemicarbazide |
|
P118 |
75-70-7 |
Methanethiol, trichloro- |
|
P118 |
75-70-7 |
Trichloromethanethiol |
|
P119 |
7803-55-6 |
Ammonium vanadate |
|
P119 |
7803-55-6 |
Vanadic acid, ammonium salt |
|
P120 |
1314-62-1 |
Vanadium oxide V2O5 |
|
P120 |
1314-62-1 |
Vanadium pentoxide |
|
P121 |
557-21-1 |
Zinc cyanide |
|
P121 |
557-21-1 |
Zinc cyanide Zn(CN)2 |
|
P122 |
1314-84-7 |
Zinc phosphide Zn3 P2, when present at concentrations greater than 10% (R,T) |
|
P123 |
8001-35-2 |
Toxaphene |
|
P127 |
1563-66-2 |
7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-, methylcarbamate. |
|
P127 |
1563-66-2 |
Carbofuran |
|
P128 |
315-8-4 |
Mexacarbate |
|
P128 |
315-18-4 |
Phenol, 4-(dimethylamino)-3,5-dimethyl-, methylcarbamate (ester) |
|
P185 |
26419-73-8 |
1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-, O-[(methylamino)-carbonyl]oxime. |
|
P185 |
26419-73-8 |
Tirpate |
|
P188 |
57-64-7 |
Benzoic acid, 2-hydroxy-, compd. with (3aS-cis)-1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethylpyrrolo[2,3-b]indol-5-yl methylcarbamate ester (1:1) |
|
P188 |
57-64-7 |
Physostigmine salicylate |
|
P189 |
55285-14-8 |
Carbamic acid, [(dibutylamino)-thio]methyl-, 2,3-dihydro-2,2-dimethyl-7-benzofuranyl ester |
|
P189 |
55285-14-8 |
Carbosulfan |
|
P190 |
1129-41-5 |
Carbamic acid, methyl-, 3-methylphenyl ester |
|
P190 |
1129-41-5 |
Metolcarb |
|
P191 |
644-64-4 |
Carbamic acid, dimethyl-, 1-[(dimethyl-amino)carbonyl]-5-methyl-1H-pyrazol-3-yl ester |
|
P191 |
644-64-4 |
Dimetilan |
|
P192 |
119-38-0 |
Carbamic acid, dimethyl-, 3-methyl-1-(1-methylethyl)-1H-pyrazol-5-yl ester |
|
P192 |
119-38-0 |
Isolan |
|
P194 |
23135-22-0 |
Ethanimidthioic acid, 2-(dimethylamino)-N-[[(methylamino) carbonyl]oxy]-2-oxo-, methyl ester |
|
P194 |
23135-22-0 |
Oxamyl |
|
P196 |
15339-36-3 |
Manganese, bis(dimethylcarbamodithioato-S,S')-, |
|
P196 |
15339-36-3 |
Manganese dimethyldithiocarbamate |
|
P197 |
17702-57-7 |
Formparanate |
|
P197 |
17702-57-7 |
Methanimidamide, N,N-dimethyl-N'-[2-methyl-4-[[(methylamino)carbonyl]oxy]phenyl]- |
|
P198 |
23422-53-9 |
Formetanate hydrochloride |
|
P198 |
23422-53-9 |
Methanimidamide, N,N-dimethyl-N'-[3-[[(methylamino)-carbonyl]oxy]phenyl]-monohydrochloride |
|
P199 |
2032-65-7 |
Methiocarb |
|
P199 |
2032-65-7 |
Phenol, (3,5-dimethyl-4-(methylthio)-, methylcarbamate |
|
P201 |
2631-37-0 |
Phenol, 3-methyl-5-(1-methylethyl)-, methyl carbamate |
|
P201 |
2631-37-0 |
Promecarb |
|
P202 |
64-00-6 |
m-Cumenyl methylcarbamate |
|
P202 |
64-00-6 |
3-Isopropylphenyl N-methylcarbamate |
|
P202 |
64-00-6 |
Phenol, 3-(1-methylethyl)-, methyl carbamate |
|
P203 |
1646-88-4 |
Aldicarb sulfone |
|
P203 |
1646-88-4 |
Propanal, 2-methyl-2-(methyl-sulfonyl)-, O-[(methylamino)carbonyl] oxime |
|
P204 |
57-47-6 |
Physostigmine |
|
P204 |
57-47-6 |
Pyrrolo[2,3-b]indol-5-ol, 1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethyl-, methylcarbamate (ester), (3aS-cis)- |
|
P205 |
137-30-4 |
Zinc, bis(dimethylcarbamodithioato-S,S')-, |
|
P205 |
137-30-4 |
Ziram |
\1\ CAS Number given for parent compound only.
(f) The commercial chemical
products, manufacturing chemical intermediates, or off-specification commercial
chemical products referred to in paragraphs (a) through (d) of this section,
are identified as toxic wastes (T), unless otherwise designated.
Comment: For the convenience of the regulated community, the primary hazardous properties of these materials have been indicated by the letters T (Toxicity), R (Reactivity), I (Ignitability) and C (Corrosivity). Absence of a letter indicates that the compound is only listed for toxicity. Wastes are first listed in alphabetical order by substance and then listed again in numerical order by Hazardous Waste Number.
|
Hazardous waste No. |
Chemical abstracts No. |
Substance |
|
U394 |
30558-43-1 |
A2213. |
|
U001 |
75-07-0 |
Acetaldehyde (I) |
|
U034 |
75-87-6 |
Acetaldehyde, trichloro- |
|
U187 |
62-44-2 |
Acetamide, N-(4-ethoxyphenyl)- |
|
U005 |
53-96-3 |
Acetamide, N-9H-fluoren-2-yl- |
|
U240 |
194-75-7 |
Acetic acid, (2,4-dichlorophenoxy)-, salts & esters |
|
U112 |
141-78-6 |
Acetic acid ethyl ester (I) |
|
U144 |
301-04-2 |
Acetic acid, lead(2 +) salt |
|
U214 |
563-68-8 |
Acetic acid, thallium(1 +) salt |
|
see F027 |
93-76-5 |
Acetic acid, (2,4,5-trichlorophenoxy)- |
|
U002 |
67-64-1 |
Acetone (I) |
|
U003 |
75-05-8 |
Acetonitrile (I,T) |
|
U004 |
98-86-2 |
Acetophenone |
|
U005 |
53-96-3 |
2-Acetylaminofluorene |
|
U006 |
75-36-5 |
Acetyl chloride (C,R,T) |
|
U007 |
79-06-1 |
Acrylamide |
|
U008 |
79-10-7 |
Acrylic acid (I) |
|
U009 |
107-13-1 |
Acrylonitrile |
|
U011 |
61-82-5 |
Amitrole |
|
U012 |
62-53-3 |
Aniline (I,T) |
|
U136 |
75-60-5 |
Arsinic acid, dimethyl- |
|
U014 |
492-80-8 |
Auramine |
|
U015 |
115-02-6 |
Azaserine |
|
U010 |
50-07-7 |
Azirino[2',3':3,4]pyrrolo[1,2-a]indole-4,7-dione, 6-amino-8-[[(aminocarbonyl)oxy]methyl]-1,1a,2,8,8a,8b-hexahydro-8a-methoxy-5-methyl-, [1aS-(1aalpha, 8beta,8aalpha,8balpha)]- |
|
U280 |
101-27-9 |
Barban. |
|
U278 |
22781-23-3 |
Bendiocarb. |
|
U364 |
22961-82-6 |
Bendiocarb phenol. |
|
U271 |
17804-35-2 |
Benomyl. |
|
U157 |
56-49-5 |
Benz[j]aceanthrylene, 1,2-dihydro-3-methyl- |
|
U016 |
225-51-4 |
Benz[c]acridine |
|
U017 |
98-87-3 |
Benzal chloride |
|
U192 |
23950-58-5 |
Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)- |
|
U018 |
56-55-3 |
Benz[a]anthracene |
|
U094 |
57-97-6 |
Benz[a]anthracene, 7,12-dimethyl- |
|
U012 |
62-53-3 |
Benzenamine (I,T) |
|
U014 |
492-80-8 |
Benzenamine, 4,4'-carbonimidoylbis[N,N-dimethyl- |
|
U049 |
3165-93-3 |
Benzenamine, 4-chloro-2-methyl-, hydrochloride |
|
U093 |
60-11-7 |
Benzenamine, N,N-dimethyl-4-(phenylazo)- |
|
U328 |
95-53-4 |
Benzenamine, 2-methyl- |
|
U353 |
106-49-0 |
Benzenamine, 4-methyl- |
|
U158 |
101-14-4 |
Benzenamine, 4,4'-methylenebis[2-chloro- |
|
U222 |
636-21-5 |
Benzenamine, 2-methyl-, hydrochloride |
|
U181 |
99-55-8 |
Benzenamine, 2-methyl-5-nitro- |
|
U019 |
71-43-2 |
Benzene (I,T) |
|
U038 |
510-15-6 |
Benzeneacetic acid, 4-chloro-alpha-(4-chlorophenyl)-alpha-hydroxy-, ethyl ester |
|
U030 |
101-55-3 |
Benzene, 1-bromo-4-phenoxy- |
|
U035 |
305-03-3 |
Benzenebutanoic acid, 4-[bis(2-chloroethyl)amino]- |
|
U037 |
108-90-7 |
Benzene, chloro- |
|
U221 |
25376-45-8 |
Benzenediamine, ar-methyl- |
|
U028 |
117-81-7 |
1,2-Benzenedicarboxylic acid, bis(2-ethylhexyl) ester |
|
U069 |
84-74-2 |
1,2-Benzenedicarboxylic acid, dibutyl ester |
|
U088 |
84-66-2 |
1,2-Benzenedicarboxylic acid, diethyl ester |
|
U102 |
131-11-3 |
1,2-Benzenedicarboxylic acid, dimethyl ester |
|
U107 |
117-84-0 |
1,2-Benzenedicarboxylic acid, dioctyl ester |
|
U070 |
95-50-1 |
Benzene, 1,2-dichloro- |
|
U071 |
541-73-1 |
Benzene, 1,3-dichloro- |
|
U072 |
106-46-7 |
Benzene, 1,4-dichloro- |
|
U060 |
72-54-8 |
Benzene, 1,1 '-(2,2-dichloroethylidene)bis[4-chloro- |
|
U017 |
98-87-3 |
Benzene, (dichloromethyl)- |
|
U223 |
26471-62-5 |
Benzene, 1,3-diisocyanatomethyl- (R,T) |
|
U239 |
1330-20-7 |
Benzene, dimethyl- (I) |
|
U201 |
108-46-3 |
1,3-Benzenediol |
|
U127 |
118-74-1 |
Benzene, hexachloro- |
|
U056 |
110-82-7 |
Benzene, hexahydro- (I) |
|
U220 |
108-88-3 |
Benzene, methyl- |
|
U105 |
121-14-2 |
Benzene, 1-methyl-2,4-dinitro- |
|
U106 |
606-20-2 |
Benzene, 2-methyl-1,3-dinitro- |
|
U055 |
98-82-8 |
Benzene, (1-methylethyl)- (I) |
|
U169 |
98-95-3 |
Benzene, nitro- |
|
U183 |
608-93-5 |
Benzene, pentachloro- |
|
U185 |
82-68-8 |
Benzene, pentachloronitro- |
|
U020 |
98-09-9 |
Benzenesulfonic acid chloride (C,R) |
|
U020 |
98-09-9 |
Benzenesulfonyl chloride (C,R) |
|
U207 |
95-94-3 |
Benzene, 1,2,4,5-tetrachloro- |
|
U061 |
50-29-3 |
Benzene, 1,1'-(2,2,2-trichloroethylidene)bis[4-chloro- |
|
U247 |
72-43-5 |
Benzene, 1,1'-(2,2,2-trichloroethylidene)bis[4- methoxy- |
|
U023 |
98-07-7 |
Benzene, (trichloromethyl)- |
|
U234 |
99-35-4 |
Benzene, 1,3,5-trinitro- |
|
U021 |
92-87-5 |
Benzidine |
|
U278 |
22781-23-3 |
1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl carbamate. |
|
U364 |
22961-82-6 |
1,3-Benzodioxol-4-ol, 2,2-dimethyl-, |
|
U203 |
94-59-7 |
1,3-Benzodioxole, 5-(2-propenyl)- |
|
U141 |
120-58-1 |
1,3-Benzodioxole, 5-(1-propenyl)- |
|
U367 |
1563-38-8 |
7-Benzofuranol, 2,3-dihydro-2,2-dimethyl- |
|
U090 |
94-58-6 |
1,3-Benzodioxole, 5-propyl- |
|
U064 |
189-55-9 |
Benzo[rst]pentaphene |
|
U248 |
181-81-2 |
2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-oxo-1-phenyl-butyl)-, & salts, when present at concentrations of 0.3% or less |
|
U022 |
50-32-8 |
Benzo[a]pyrene |
|
U197 |
106-51-4 |
p-Benzoquinone |
|
U023 |
98-07-7 |
Benzotrichloride (C,R,T) |
|
U085 |
1464-53-5 |
2,2'-Bioxirane |
|
U021 |
92-87-5 |
[1,1'-Biphenyl]-4,4'-diamine |
|
U073 |
91-94-1 |
[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dichloro- |
|
U091 |
119-90-4 |
[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethoxy- |
|
U095 |
119-93-7 |
[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethyl- |
|
U225 |
75-25-2 |
Bromoform |
|
U030 |
101-55-3 |
4-Bromophenyl phenyl ether |
|
U128 |
87-68-3 |
1,3-Butadiene, 1,1,2,3,4,4-hexachloro- |
|
U172 |
924-16-3 |
1-Butanamine, N-butyl-N-nitroso- |
|
U031 |
71-36-3 |
1-Butanol (I) |
|
U159 |
78-93-3 |
2-Butanone (I,T) |
|
U160 |
1338-23-4 |
2-Butanone, peroxide (R,T) |
|
U053 |
4170-30-3 |
2-Butenal |
|
U074 |
764-41-0 |
2-Butene, 1,4-dichloro- (I,T) |
|
U143 |
303-34-4 |
2-Butenoic acid, 2-methyl-, 7-[[2,3-dihydroxy-2-(1-methoxyethyl)-3-methyl-1-oxobutoxy]methyl]-2,3,5,7a-tetrahydro-1H-pyrrolizin-1-yl ester, [1S-[1alpha(Z),7(2S*,3R*),7aalpha]]- |
|
U031 |
71-36-3 |
n-Butyl alcohol (I) |
|
U136 |
75-60-5 |
Cacodylic acid |
|
U032 |
13765-19-0 |
Calcium chromate |
|
U372 |
10605-21-7 |
Carbamic acid, 1H-benzimidazol-2-yl, methyl ester. |
|
U271 |
17804-35-2 |
Carbamic acid, [1-[(butylamino)carbonyl]-1H-benzimidazol-2-yl]-, methyl ester. |
|
U280 |
101-27-9 |
Carbamic acid, (3-chlorophenyl)-, 4-chloro-2-butynyl ester. |
|
U238 |
51-79-6 |
Carbamic acid, ethyl ester |
|
U178 |
615-53-2 |
Carbamic acid, methylnitroso-, ethyl ester |
|
U373 |
122-42-9 |
Carbamic acid, phenyl-, 1-methylethyl ester. |
|
U409 |
23564-05-8 |
Carbamic acid, [1,2-phenylenebis (iminocarbonothioyl)]bis-, dimethyl ester. |
|
U097 |
79-44-7 |
Carbamic chloride, dimethyl- |
|
U389 |
2303-17-5 |
Carbamothioic acid, bis(1-methylethyl)-, S-(2,3,3-trichloro-2-propenyl) ester. |
|
U387 |
52888-80-9 |
Carbamothioic acid, dipropyl-, S-(phenylmethyl) ester. |
|
U114 |
1111-54-6 |
Carbamodithioic acid, 1,2-ethanediylbis-, salts & esters |
|
U062 |
2303-16-4 |
Carbamothioic acid, bis(1-methylethyl)-, S-(2,3-dichloro-2-propenyl) ester |
|
U279 |
63-25-2 |
Carbaryl. |
|
U372 |
10605-21-7 |
Carbendazim. |
|
U367 |
1563-38-8 |
Carbofuran phenol. |
|
U215 |
6533-73-9 |
Carbonic acid, dithallium(1 +) salt |
|
U033 |
353-50-4 |
Carbonic difluoride |
|
U156 |
79-22-1 |
Carbonochloridic acid, methyl ester (I,T) |
|
U033 |
353-50-4 |
Carbon oxyfluoride (R,T) |
|
U211 |
56-23-5 |
Carbon tetrachloride |
|
U034 |
75-87-6 |
Chloral |
|
U035 |
305-03-3 |
Chlorambucil |
|
U036 |
57-74-9 |
Chlordane, alpha & gamma isomers |
|
U026 |
494-03-1 |
Chlornaphazin |
|
U037 |
108-90-7 |
Chlorobenzene |
|
U038 |
510-15-6 |
Chlorobenzilate |
|
U039 |
59-50-7 |
p-Chloro-m-cresol |
|
U042 |
110-75-8 |
2-Chloroethyl vinyl ether |
|
U044 |
67-66-3 |
Chloroform |
|
U046 |
107-30-2 |
Chloromethyl methyl ether |
|
U047 |
91-58-7 |
beta-Chloronaphthalene |
|
U048 |
95-57-8 |
o-Chlorophenol |
|
U049 |
3165-93-3 |
4-Chloro-o-toluidine, hydrochloride |
|
U032 |
13765-19-0 |
Chromic acid H2 CrO4, calcium salt |
|
U050 |
218-01-9 |
Chrysene |
|
U051 |
Creosote |
|
|
U052 |
1319-77-3 |
Cresol (Cresylic acid) |
|
U053 |
4170-30-3 |
Crotonaldehyde |
|
U055 |
98-82-8 |
Cumene (I) |
|
U246 |
506-68-3 |
Cyanogen bromide (CN)Br |
|
U197 |
106-51-4 |
2,5-Cyclohexadiene-1,4-dione |
|
U056 |
110-82-7 |
Cyclohexane (I) |
|
U129 |
58-89-9 |
Cyclohexane, 1,2,3,4,5,6-hexachloro-, (1alpha,2alpha,3beta,4alpha,5alpha,6beta)- |
|
U057 |
108-94-1 |
Cyclohexanone (I) |
|
U130 |
77-47-4 |
1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro- |
|
U058 |
50-18-0 |
Cyclophosphamide |
|
U240 |
194-75-7 |
2,4-D, salts & esters |
|
U059 |
20830-81-3 |
Daunomycin |
|
U060 |
72-54-8 |
DDD |
|
U061 |
50-29-3 |
DDT |
|
U062 |
2303-16-4 |
Diallate |
|
U063 |
53-70-3 |
Dibenz[a,h]anthracene |
|
U064 |
189-55-9 |
Dibenzo[a,i]pyrene |
|
U066 |
96-12-8 |
1,2-Dibromo-3-chloropropane |
|
U069 |
84-74-2 |
Dibutyl phthalate |
|
U070 |
95-50-1 |
o-Dichlorobenzene |
|
U071 |
541-73-1 |
m-Dichlorobenzene |
|
U072 |
106-46-7 |
p-Dichlorobenzene |
|
U073 |
91-94-1 |
3,3'-Dichlorobenzidine |
|
U074 |
764-41-0 |
1,4-Dichloro-2-butene (I,T) |
|
U075 |
75-71-8 |
Dichlorodifluoromethane |
|
U078 |
75-35-4 |
1,1-Dichloroethylene |
|
U079 |
156-60-5 |
1,2-Dichloroethylene |
|
U025 |
111-44-4 |
Dichloroethyl ether |
|
U027 |
108-60-1 |
Dichloroisopropyl ether |
|
U024 |
111-91-1 |
Dichloromethoxy ethane |
|
U081 |
120-83-2 |
2,4-Dichlorophenol |
|
U082 |
87-65-0 |
2,6-Dichlorophenol |
|
U084 |
542-75-6 |
1,3-Dichloropropene |
|
U085 |
1464-53-5 |
1,2:3,4-Diepoxybutane (I,T) |
|
U108 |
123-91-1 |
1,4-Diethyleneoxide |
|
U028 |
117-81-7 |
Diethylhexyl phthalate |
|
U395 |
5952-26-1 |
Diethylene glycol, dicarbamate. |
|
U086 |
1615-80-1 |
N,N'-Diethylhydrazine |
|
U087 |
3288-58-2 |
O,O-Diethyl S-methyl dithiophosphate |
|
U088 |
84-66-2 |
Diethyl phthalate |
|
U089 |
56-53-1 |
Diethylstilbesterol |
|
U090 |
94-58-6 |
Dihydrosafrole |
|
U091 |
119-90-4 |
3,3'-Dimethoxybenzidine |
|
U092 |
124-40-3 |
Dimethylamine (I) |
|
U093 |
60-11-7 |
p-Dimethylaminoazobenzene |
|
U094 |
57-97-6 |
7,12-Dimethylbenz[a]anthracene |
|
U095 |
119-93-7 |
3,3'-Dimethylbenzidine |
|
U096 |
80-15-9 |
alpha,alpha-Dimethylbenzylhydroperoxide (R) |
|
U097 |
79-44-7 |
Dimethylcarbamoyl chloride |
|
U098 |
57-14-7 |
1,1-Dimethylhydrazine |
|
U099 |
540-73-8 |
1,2-Dimethylhydrazine |
|
U101 |
105-67-9 |
2,4-Dimethylphenol |
|
U102 |
131-11-3 |
Dimethyl phthalate |
|
U103 |
77-78-1 |
Dimethyl sulfate |
|
U105 |
121-14-2 |
2,4-Dinitrotoluene |
|
U106 |
606-20-2 |
2,6-Dinitrotoluene |
|
U107 |
117-84-0 |
Di-n-octyl phthalate |
|
U108 |
123-91-1 |
1,4-Dioxane |
|
U109 |
122-66-7 |
1,2-Diphenylhydrazine |
|
U110 |
142-84-7 |
Dipropylamine (I) |
|
U111 |
621-64-7 |
Di-n-propylnitrosamine |
|
U041 |
106-89-8 |
Epichlorohydrin |
|
U001 |
75-07-0 |
Ethanal (I) |
|
U404 |
121-44-8 |
Ethanamine, N,N-diethyl- |
|
U174 |
55-18-5 |
Ethanamine, N-ethyl-N-nitroso- |
|
U155 |
91-80-5 |
1,2-Ethanediamine, N,N-dimethyl-N'-2-pyridinyl-N'-(2-thienylmethyl)- |
|
U067 |
106-93-4 |
Ethane, 1,2-dibromo- |
|
U076 |
75-34-3 |
Ethane, 1,1-dichloro- |
|
U077 |
107-06-2 |
Ethane, 1,2-dichloro- |
|
U131 |
67-72-1 |
Ethane, hexachloro- |
|
U024 |
111-91-1 |
Ethane, 1,1 '-[methylenebis(oxy)]bis[2-chloro- |
|
U117 |
60-29-7 |
Ethane, 1,1'-oxybis-(I) |
|
U025 |
111-44-4 |
Ethane, 1,1'-oxybis[2-chloro- |
|
U184 |
76-01-7 |
Ethane, pentachloro- |
|
U208 |
630-20-6 |
Ethane, 1,1,1,2-tetrachloro- |
|
U209 |
79-34-5 |
Ethane, 1,1,2,2-tetrachloro- |
|
U218 |
62-55-5 |
Ethanethioamide |
|
U226 |
71-55-6 |
Ethane, 1,1,1-trichloro- |
|
U227 |
79-00-5 |
Ethane, 1,1,2-trichloro- |
|
U410 |
59669-26-0 |
Ethanimidothioic acid, N,N'-[thiobis[(methylimino)carbonyloxy]]bis-, dimethyl ester |
|
U394 |
30558-43-1 |
Ethanimidothioic acid, 2-(dimethylamino)-N-hydroxy-2-oxo-, methyl ester. |
|
U359 |
110-80-5 |
Ethanol, 2-ethoxy- |
|
U173 |
1116-54-7 |
Ethanol, 2,2'-(nitrosoimino)bis- |
|
U395 |
5952-26-1 |
Ethanol, 2,2'-oxybis-, dicarbamate. |
|
U004 |
98-86-2 |
Ethanone, 1-phenyl- |
|
U043 |
75-01-4 |
Ethene, chloro- |
|
U042 |
110-75-8 |
Ethene, (2-chloroethoxy)- |
|
U078 |
75-35-4 |
Ethene, 1,1-dichloro- |
|
U079 |
156-60-5 |
Ethene, 1,2-dichloro-, (E)- |
|
U210 |
127-18-4 |
Ethene, tetrachloro- |
|
U228 |
79-01-6 |
Ethene, trichloro- |
|
U112 |
141-78-6 |
Ethyl acetate (I) |
|
U113 |
140-88-5 |
Ethyl acrylate (I) |
|
U238 |
51-79-6 |
Ethyl carbamate (urethane) |
|
U117 |
60-29-7 |
Ethyl ether (I) |
|
U114 |
1111-54-6 |
Ethylenebisdithiocarbamic acid, salts & esters |
|
U067 |
106-93-4 |
Ethylene dibromide |
|
U077 |
107-06-2 |
Ethylene dichloride |
|
U359 |
110-80-5 |
Ethylene glycol monoethyl ether |
|
U115 |
75-21-8 |
Ethylene oxide (I,T) |
|
U116 |
96-45-7 |
Ethylenethiourea |
|
U076 |
75-34-3 |
Ethylidene dichloride |
|
U118 |
97-63-2 |
Ethyl methacrylate |
|
U119 |
62-50-0 |
Ethyl methanesulfonate |
|
U120 |
206-44-0 |
Fluoranthene |
|
U122 |
50-00-0 |
Formaldehyde |
|
U123 |
64-18-6 |
Formic acid (C,T) |
|
U124 |
110-00-9 |
Furan (I) |
|
U125 |
98-01-1 |
2-Furancarboxaldehyde (I) |
|
U147 |
108-31-6 |
2,5-Furandione |
|
U213 |
109-99-9 |
Furan, tetrahydro-(I) |
|
U125 |
98-01-1 |
Furfural (I) |
|
U124 |
110-00-9 |
Furfuran (I) |
|
U206 |
18883-66-4 |
Glucopyranose, 2-deoxy-2-(3-methyl-3-nitrosoureido)-, D- |
|
U206 |
18883-66-4 |
D-Glucose, 2-deoxy-2-[[(methylnitrosoamino)-carbonyl]amino]- |
|
U126 |
765-34-4 |
Glycidylaldehyde |
|
U163 |
70-25-7 |
Guanidine, N-methyl-N'-nitro-N-nitroso- |
|
U127 |
118-74-1 |
Hexachlorobenzene |
|
U128 |
87-68-3 |
Hexachlorobutadiene |
|
U130 |
77-47-4 |
Hexachlorocyclopentadiene |
|
U131 |
67-72-1 |
Hexachloroethane |
|
U132 |
70-30-4 |
Hexachlorophene |
|
U243 |
1888-71-7 |
Hexachloropropene |
|
U133 |
302-01-2 |
Hydrazine (R,T) |
|
U086 |
1615-80-1 |
Hydrazine, 1,2-diethyl- |
|
U098 |
57-14-7 |
Hydrazine, 1,1-dimethyl- |
|
U099 |
540-73-8 |
Hydrazine, 1,2-dimethyl- |
|
U109 |
122-66-7 |
Hydrazine, 1,2-diphenyl- |
|
U134 |
7664-39-3 |
Hydrofluoric acid (C,T) |
|
U134 |
7664-39-3 |
Hydrogen fluoride (C,T) |
|
U135 |
7783-06-4 |
Hydrogen sulfide |
|
U135 |
7783-06-4 |
Hydrogen sulfide H2 S |
|
U096 |
80-15-9 |
Hydroperoxide, 1-methyl-1-phenylethyl- (R) |
|
U116 |
96-45-7 |
2-Imidazolidinethione |
|
U137 |
193-39-5 |
Indeno[1,2,3-cd]pyrene |
|
U190 |
85-44-9 |
1,3-Isobenzofurandione |
|
U140 |
78-83-1 |
Isobutyl alcohol (I,T) |
|
U141 |
120-58-1 |
Isosafrole |
|
U142 |
143-50-0 |
Kepone |
|
U143 |
303-34-4 |
Lasiocarpine |
|
U144 |
301-04-2 |
Lead acetate |
|
U146 |
1335-32-6 |
Lead, bis(acetato-O)tetrahydroxytri- |
|
U145 |
7446-27-7 |
Lead phosphate |
|
U146 |
1335-32-6 |
Lead subacetate |
|
U129 |
58-89-9 |
Lindane |
|
U163 |
70-25-7 |
MNNG |
|
U147 |
108-31-6 |
Maleic anhydride |
|
U148 |
123-33-1 |
Maleic hydrazide |
|
U149 |
109-77-3 |
Malononitrile |
|
U150 |
148-82-3 |
Melphalan |
|
U151 |
7439-97-6 |
Mercury |
|
U152 |
126-98-7 |
Methacrylonitrile (I, T) |
|
U092 |
124-40-3 |
Methanamine, N-methyl- (I) |
|
U029 |
74-83-9 |
Methane, bromo- |
|
U045 |
74-87-3 |
Methane, chloro- (I, T) |
|
U046 |
107-30-2 |
Methane, chloromethoxy- |
|
U068 |
74-95-3 |
Methane, dibromo- |
|
U080 |
75-09-2 |
Methane, dichloro- |
|
U075 |
75-71-8 |
Methane, dichlorodifluoro- |
|
U138 |
74-88-4 |
Methane, iodo- |
|
U119 |
62-50-0 |
Methanesulfonic acid, ethyl ester |
|
U211 |
56-23-5 |
Methane, tetrachloro- |
|
U153 |
74-93-1 |
Methanethiol (I, T) |
|
U225 |
75-25-2 |
Methane, tribromo- |
|
U044 |
67-66-3 |
Methane, trichloro- |
|
U121 |
75-69-4 |
Methane, trichlorofluoro- |
|
U036 |
57-74-9 |
4,7-Methano-1H-indene, 1,2,4,5,6,7,8,8-octachloro-2,3,3a,4,7,7a-hexahydro- |
|
U154 |
67-56-1 |
Methanol (I) |
|
U155 |
91-80-5 |
Methapyrilene |
|
U142 |
143-50-0 |
1,3,4-Metheno-2H-cyclobuta[cd]pentalen-2-one, 1,1a,3,3a,4,5,5,5a,5b,6-decachlorooctahydro- |
|
U247 |
72-43-5 |
Methoxychlor |
|
U154 |
67-56-1 |
Methyl alcohol (I) |
|
U029 |
74-83-9 |
Methyl bromide |
|
U186 |
504-60-9 |
1-Methylbutadiene (I) |
|
U045 |
74-87-3 |
Methyl chloride (I,T) |
|
U156 |
79-22-1 |
Methyl chlorocarbonate (I,T) |
|
U226 |
71-55-6 |
Methyl chloroform |
|
U157 |
56-49-5 |
3-Methylcholanthrene |
|
U158 |
101-14-4 |
4,4'-Methylenebis(2-chloroaniline) |
|
U068 |
74-95-3 |
Methylene bromide |
|
U080 |
75-09-2 |
Methylene chloride |
|
U159 |
78-93-3 |
Methyl ethyl ketone (MEK) (I,T) |
|
U160 |
1338-23-4 |
Methyl ethyl ketone peroxide (R,T) |
|
U138 |
74-88-4 |
Methyl iodide |
|
U161 |
108-10-1 |
Methyl isobutyl ketone (I) |
|
U162 |
80-62-6 |
Methyl methacrylate (I,T) |
|
U161 |
108-10-1 |
4-Methyl-2-pentanone (I) |
|
U164 |
56-04-2 |
Methylthiouracil |
|
U010 |
50-07-7 |
Mitomycin C |
|
U059 |
20830-81-3 |
5,12-Naphthacenedione, 8-acetyl-10-[(3-amino-2,3,6-trideoxy)-alpha-L-lyxo-hexopyranosyl)oxy]-7,8,9,10-tetrahydro-6,8,11-trihydroxy-1-methoxy-, (8S-cis)- |
|
U167 |
134-32-7 |
1-Naphthalenamine |
|
U168 |
91-59-8 |
2-Naphthalenamine |
|
U026 |
494-03-1 |
Naphthalenamine, N,N'-bis(2-chloroethyl)- |
|
U165 |
91-20-3 |
Naphthalene |
|
U047 |
91-58-7 |
Naphthalene, 2-chloro- |
|
U166 |
130-15-4 |
1,4-Naphthalenedione |
|
U236 |
72-57-1 |
2,7-Naphthalenedisulfonic acid, 3,3'-[(3,3'- dimethyl[1,1 '-biphenyl]-4,4'-diyl)bis(azo)bis[5-amino-4-hydroxy]-, tetrasodium salt |
|
U279 |
63-25-2 |
1-Naphthalenol, methylcarbamate. |
|
U166 |
130-15-4 |
1,4-Naphthoquinone |
|
U167 |
134-32-7 |
alpha-Naphthylamine |
|
U168 |
91-59-8 |
beta-Naphthylamine |
|
U217 |
10102-45-1 |
Nitric acid, thallium(1 +) salt |
|
U169 |
98-95-3 |
Nitrobenzene (I,T) |
|
U170 |
100-02-7 |
p-Nitrophenol |
|
U171 |
79-46-9 |
2-Nitropropane (I,T) |
|
U172 |
924-16-3 |
N-Nitrosodi-n-butylamine |
|
U173 |
1116-54-7 |
N-Nitrosodiethanolamine |
|
U174 |
55-18-5 |
N-Nitrosodiethylamine |
|
U176 |
759-73-9 |
N-Nitroso-N-ethylurea |
|
U177 |
684-93-5 |
N-Nitroso-N-methylurea |
|
U178 |
615-53-2 |
N-Nitroso-N-methylurethane |
|
U179 |
100-75-4 |
N-Nitrosopiperidine |
|
U180 |
930-55-2 |
N-Nitrosopyrrolidine |
|
U181 |
99-55-8 |
5-Nitro-o-toluidine |
|
U193 |
1120-71-4 |
1,2-Oxathiolane, 2,2-dioxide |
|
U058 |
50-18-0 |
2H-1,3,2-Oxazaphosphorin-2-amine, N,N-bis(2-chloroethyl)tetrahydro-, 2-oxide |
|
U115 |
75-21-8 |
Oxirane (I,T) |
|
U126 |
765-34-4 |
Oxiranecarboxyaldehyde |
|
U041 |
106-89-8 |
Oxirane, (chloromethyl)- |
|
U182 |
123-63-7 |
Paraldehyde |
|
U183 |
608-93-5 |
Pentachlorobenzene |
|
U184 |
76-01-7 |
Pentachloroethane |
|
U185 |
82-68-8 |
Pentachloronitrobenzene (PCNB) |
|
See F027 |
87-86-5 |
Pentachlorophenol |
|
U161 |
108-10-1 |
Pentanol, 4-methyl- |
|
U186 |
504-60-9 |
1,3-Pentadiene (I) |
|
U187 |
62-44-2 |
Phenacetin |
|
U188 |
108-95-2 |
Phenol |
|
U048 |
95-57-8 |
Phenol, 2-chloro- |
|
U039 |
59-50-7 |
Phenol, 4-chloro-3-methyl- |
|
U081 |
120-83-2 |
Phenol, 2,4-dichloro- |
|
U082 |
87-65-0 |
Phenol, 2,6-dichloro- |
|
U089 |
56-53-1 |
Phenol, 4,4'-(1,2-diethyl-1,2-ethenediyl)bis-, (E)- |
|
U101 |
105-67-9 |
Phenol, 2,4-dimethyl- |
|
U052 |
1319-77-3 |
Phenol, methyl- |
|
U132 |
70-30-4 |
Phenol, 2,2'-methylenebis[3,4,6-trichloro- |
|
U411 |
114-26-1 |
Phenol, 2-(1-methylethoxy)-, methylcarbamate. |
|
U170 |
100-02-7 |
Phenol, 4-nitro- |
|
See F027 |
87-86-5 |
Phenol, pentachloro- |
|
See F027 |
58-90-2 |
Phenol, 2,3,4,6-tetrachloro- |
|
See F027 |
95-95-4 |
Phenol, 2,4,5-trichloro- |
|
See F027 |
88-06-2 |
Phenol, 2,4,6-trichloro- |
|
U150 |
148-82-3 |
L-Phenylalanine, 4-[bis(2-chloroethyl)amino]- |
|
U145 |
7446-27-7 |
Phosphoric acid, lead(2 +) salt (2:3) |
|
U087 |
3288-58-2 |
Phosphorodithioic acid, O,O-diethyl S-methyl ester |
|
U189 |
1314-80-3 |
Phosphorus sulfide (R) |
|
U190 |
85-44-9 |
Phthalic anhydride |
|
U191 |
109-06-8 |
2-Picoline |
|
U179 |
100-75-4 |
Piperidine, 1-nitroso- |
|
U192 |
23950-58-5 |
Pronamide |
|
U194 |
107-10-8 |
1-Propanamine (I,T) |
|
U111 |
621-64-7 |
1-Propanamine, N-nitroso-N-propyl- |
|
U110 |
142-84-7 |
1-Propanamine, N-propyl- (I) |
|
U066 |
96-12-8 |
Propane, 1,2-dibromo-3-chloro- |
|
U083 |
78-87-5 |
Propane, 1,2-dichloro- |
|
U149 |
109-77-3 |
Propanedinitrile |
|
U171 |
79-46-9 |
Propane, 2-nitro- (I,T) |
|
U027 |
108-60-1 |
Propane, 2,2'-oxybis[2-chloro- |
|
U193 |
1120-71-4 |
1,3-Propane sultone |
|
See F027 |
93-72-1 |
Propanoic acid, 2-(2,4,5-trichlorophenoxy)- |
|
U235 |
126-72-7 |
1-Propanol, 2,3-dibromo-, phosphate (3:1) |
|
U140 |
78-83-1 |
1-Propanol, 2-methyl- (I,T) |
|
U002 |
67-64-1 |
2-Propanone (I) |
|
U007 |
79-06-1 |
2-Propenamide |
|
U084 |
542-75-6 |
1-Propene, 1,3-dichloro- |
|
U243 |
1888-71-7 |
1-Propene, 1,1,2,3,3,3-hexachloro- |
|
U009 |
107-13-1 |
2-Propenenitrile |
|
U152 |
126-98-7 |
2-Propenenitrile, 2-methyl- (I,T) |
|
U008 |
79-10-7 |
2-Propenoic acid (I) |
|
U113 |
140-88-5 |
2-Propenoic acid, ethyl ester (I) |
|
U118 |
97-63-2 |
2-Propenoic acid, 2-methyl-, ethyl ester |
|
U162 |
80-62-6 |
2-Propenoic acid, 2-methyl-, methyl ester (I,T) |
|
U373 |
122-42-9 |
Propham. |
|
U411 |
114-26-1 |
Propoxur. |
|
U387 |
52888-80-9 |
Prosulfocarb. |
|
U194 |
107-10-8 |
n-Propylamine (I,T) |
|
U083 |
78-87-5 |
Propylene dichloride |
|
U148 |
123-33-1 |
3,6-Pyridazinedione, 1,2-dihydro- |
|
U196 |
110-86-1 |
Pyridine |
|
U191 |
109-06-8 |
Pyridine, 2-methyl- |
|
U237 |
66-75-1 |
2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2-chloroethyl)amino]- |
|
U164 |
56-04-2 |
4(1H)-Pyrimidinone, 2,3-dihydro-6-methyl-2-thioxo- |
|
U180 |
930-55-2 |
Pyrrolidine, 1-nitroso- |
|
U200 |
50-55-5 |
Reserpine |
|
U201 |
108-46-3 |
Resorcinol |
|
U203 |
94-59-7 |
Safrole |
|
U204 |
7783-00-8 |
Selenious acid |
|
U204 |
7783-00-8 |
Selenium dioxide |
|
U205 |
7488-56-4 |
Selenium sulfide |
|
U205 |
7488-56-4 |
Selenium sulfide SeS2 (R,T) |
|
U015 |
115-02-6 |
L-Serine, diazoacetate (ester) |
|
See F027 |
93-72-1 |
Silvex (2,4,5-TP) |
|
U206 |
18883-66-4 |
Streptozotocin |
|
U103 |
77-78-1 |
Sulfuric acid, dimethyl ester |
|
U189 |
1314-80-3 |
Sulfur phosphide (R) |
|
See F027 |
93-76-5 |
2,4,5-T |
|
U207 |
95-94-3 |
1,2,4,5-Tetrachlorobenzene |
|
U208 |
630-20-6 |
1,1,1,2-Tetrachloroethane |
|
U209 |
79-34-5 |
1,1,2,2-Tetrachloroethane |
|
U210 |
127-18-4 |
Tetrachloroethylene |
|
See F027 |
58-90-2 |
2,3,4,6-Tetrachlorophenol |
|
U213 |
109-99-9 |
Tetrahydrofuran (I) |
|
U214 |
563-68-8 |
Thallium(I) acetate |
|
U215 |
6533-73-9 |
Thallium(I) carbonate |
|
U216 |
7791-12-0 |
Thallium(I) chloride |
|
U216 |
7791-12-0 |
thallium chloride TlCl |
|
U217 |
10102-45-1 |
Thallium(I) nitrate |
|
U218 |
62-55-5 |
Thioacetamide |
|
U410 |
59669-26-0 |
Thiodicarb. |
|
U153 |
74-93-1 |
Thiomethanol (I,T) |
|
U244 |
137-26-8 |
Thioperoxydicarbonic diamide [(H2 N)C(S)]2 S2, tetramethyl- |
|
U409 |
23564-05-8 |
Thiophanate-methyl. |
|
U219 |
62-56-6 |
Thiourea |
|
U244 |
137-26-8 |
Thiram |
|
U220 |
108-88-3 |
Toluene |
|
U221 |
25376-45-8 |
Toluenediamine |
|
U223 |
26471-62-5 |
Toluene diisocyanate (R,T) |
|
U328 |
95-53-4 |
o-Toluidine |
|
U353 |
106-49-0 |
p-Toluidine |
|
U222 |
636-21-5 |
o-Toluidine hydrochloride |
|
U389 |
2303-17-5 |
Triallate. |
|
U011 |
61-82-5 |
1H-1,2,4-Triazol-3-amine |
|
U226 |
71-55-6 |
1,1,1-Trichloroethane |
|
U227 |
79-00-5 |
1,1,2-Trichloroethane |
|
U228 |
79-01-6 |
Trichloroethylene |
|
U121 |
75-69-4 |
Trichloromonofluoromethane |
|
See F027 |
95-95-4 |
2,4,5-Trichlorophenol |
|
See F027 |
88-06-2 |
2,4,6-Trichlorophenol |
|
U404 |
121-44-8 |
Triethylamine. |
|
U234 |
99-35-4 |
1,3,5-Trinitrobenzene (R,T) |
|
U182 |
123-63-7 |
1,3,5-Trioxane, 2,4,6-trimethyl- |
|
U235 |
126-72-7 |
Tris(2,3-dibromopropyl) phosphate |
|
U236 |
72-57-1 |
Trypan blue |
|
U237 |
66-75-1 |
Uracil mustard |
|
U176 |
759-73-9 |
Urea, N-ethyl-N-nitroso- |
|
U177 |
684-93-5 |
Urea, N-methyl-N-nitroso- |
|
U043 |
75-01-4 |
Vinyl chloride |
|
U248 |
181-81-2 |
Warfarin, & salts, when present at concentrations of 0.3% or less |
|
U239 |
1330-20-7 |
Xylene (I) |
|
U200 |
50-55-5 |
Yohimban-16-carboxylic acid, 11,17-dimethoxy-18-[(3,4,5-trimethoxybenzoyl)oxy]-, methyl ester, (3beta,16beta,17alpha,18beta,20alpha)- |
|
U249 |
1314-84-7 |
Zinc phosphide Zn3 P2, when present at concentrations of 10% or less |
|
UOOl |
75-07-0 |
Acetaldehyde (I) |
|
UOOl |
75-07-0 |
Ethanal (I) |
|
U002 |
67-64-1 |
Acetone (I) |
|
U002 |
67-64-1 |
2-Propanone (I) |
|
U003 |
75-05-8 |
Acetonitrile (I,T) |
|
U004 |
98-86-2 |
Acetophenone |
|
U004 |
98-86-2 |
Ethanone, 1-phenyl- |
|
U005 |
53-96-3 |
Acetamide, -9H-fluoren-2-yl- |
|
U005 |
53-96-3 |
2-Acetylaminofluorene |
|
U006 |
75-36-5 |
Acetyl chloride (C,R,T) |
|
U007 |
79-06-1 |
Acryl amide |
|
U007 |
79-06-1 |
2-Propenamide |
|
U008 |
79-10-7 |
Acrylic acid (I) |
|
U008 |
79-10-7 |
2-Propenoic acid (I) |
|
U009 |
107-13-1 |
Acrylonitrile |
|
U009 |
107-13-1 |
2-Propenenitrile |
|
U010 |
50-07-7 |
Azirino[2',3':3,4]pyrrolo[l,2-a]indole-4,7-dione, 6-amino-8-[[(aminocarbonyl)oxy]methyl]-l,la,2,8,8a,8b-hexahydro-8a-methoxy-5-methyl-, [laS-(laalpha, 8beta,8aalpha,8balpha)]- |
|
U010 |
50-07-7 |
Mitomycin C |
|
U011 |
61-82-5 |
Amitrole |
|
U011 |
61-82-5 |
IH-1,2,4-Triazol-3 -amine |
|
U012 |
62-53-3 |
Aniline (I,T) |
|
U012 |
62-53-3 |
Benzenamine (I,T) |
|
U014 |
492-80-8 |
Auramine |
|
U014 |
492-80-8 |
Benzenamine, 4,4'-carbonimidoylbis[N,N-dimethyl- |
|
U015 |
115-02-6 |
Azaserine |
|
U015 |
115-02-6 |
L-Serine, diazoacetate (ester) |
|
U016 |
225-51-4 |
Benz[c]acridine |
|
U017 |
98-87-3 |
Benzal chloride |
|
U017 |
98-87-3 |
Benzene, (dichloromethyl)- |
|
U018 |
56-55-3 |
Benz[a]anthracene |
|
U019 |
71-43-2 |
Benzene (I,T) |
|
U020 |
98-09-9 |
Benzenesulfonic acid chloride (C,R) |
|
U020 |
98-09-9 |
Benzenesulfonyl chloride (C,R) |
|
U021 |
92-87-5 |
Benzidine |
|
U021 |
92-87-5 |
[1,1'-Biphenyl]-4,4'-diamine |
|
U022 |
50-32-8 |
Benzo[a]pyrene |
|
U023 |
98-07-7 |
Benzene, (trichloromethyl)- |
|
U023 |
98-07-7 |
Benzotrichloride (C,R,T) |
|
U024 |
111-91-1 |
Dichloromethoxy ethane |
|
U024 |
111-91-1 |
Ethane, 1,1 '-[methylenebis(oxy)]bis[2-chloro- |
|
U025 |
111-44-4 |
Dichloroethyl ether |
|
U025 |
111-44-4 |
Ethane, 1,1'-oxybis[2-chloro- |
|
U026 |
494-03-1 |
Chlornaphazin |
|
U026 |
494-03-1 |
Naphthalenamine, N,N'-bis(2-chloroethyl)- |
|
U027 |
108-60-1 |
Dichloroisopropyl ether |
|
U027 |
108-60-1 |
Propane, 2,2'-oxybis[2-chloro- |
|
U028 |
117-81-7 |
1,2-Benzenedicarboxylic acid, bis(2-ethylhexyl) ester |
|
U028 |
117-81-7 |
Diethylhexyl phthalate |
|
U029 |
74-83-9 |
Methane, bromo- |
|
U029 |
74-83-9 |
Methyl bromide |
|
U030 |
101-55-3 |
Benzene, 1-bromo-4-phenoxy- |
|
U030 |
101-55-3 |
4-Bromophenyl phenyl ether |
|
U031 |
71-36-3 |
1-Butanol (I) |
|
U031 |
71-36-3 |
n-Butyl alcohol (I) |
|
U032 |
13765-19-0 |
Calcium chromate |
|
U032 |
13765-19-0 |
Chromic acid H2 CrO4, calcium salt |
|
U033 |
353-50-4 |
Carbonic difluoride |
|
U033 |
353-50-4 |
Carbon oxyfluoride (R,T) |
|
U034 |
75-87-6 |
Acetaldehyde, trichloro- |
|
U034 |
75-87-6 |
Chloral |
|
U035 |
305-03-3 |
Benzenebutanoic acid, 4-[bis(2-chloroethyl)amino]- |
|
U035 |
305-03-3 |
Chlorambucil |
|
U036 |
57-74-9 |
Chlordane, alpha & gamma isomers |
|
U036 |
57-74-9 |
4,7-Methano-1H-indene, 1,2,4,5,6,7,8,8-octachloro-2,3,3a,4,7,7a-hexahydro- |
|
U037 |
108-90-7 |
Benzene, chloro- |
|
U037 |
108-90-7 |
Chlorobenzene |
|
U038 |
510-15-6 |
Benzeneacetic acid, 4-chloro-alpha-(4-chlorophenyl)-alpha-hydroxy-, ethyl ester |
|
U038 |
510-15-6 |
Chlorobenzilate |
|
U039 |
59-50-7 |
p-Chloro-m-cresol |
|
U039 |
59-50-7 |
Phenol, 4-chloro-3-methyl- |
|
U041 |
106-89-8 |
Epichlorohydrin |
|
U041 |
106-89-8 |
Oxirane, (chloromethyl)- |
|
U042 |
110-75-8 |
2-Chloroethyl vinyl ether |
|
U042 |
110-75-8 |
Ethene, (2-chloroethoxy)- |
|
U043 |
75-01-4 |
Ethene, chloro- |
|
U043 |
75-01-4 |
Vinyl chloride |
|
U044 |
67-66-3 |
Chloroform |
|
U044 |
67-66-3 |
Methane, trichloro- |
|
U045 |
74-87-3 |
Methane, chloro- (I,T) |
|
U045 |
74-87-3 |
Methyl chloride (I,T) |
|
U046 |
107-30-2 |
Chloromethyl methyl ether |
|
U046 |
107-30-2 |
Methane, chloromethoxy- |
|
U047 |
91-58-7 |
beta-Chloronaphthalene |
|
U047 |
91-58-7 |
Naphthalene, 2-chloro- |
|
U048 |
95-57-8 |
o-Chlorophenol |
|
U048 |
95-57-8 |
Phenol, 2-chloro- |
|
U049 |
3165-93-3 |
Benzenamine, 4-chloro-2-methyl-, hydrochloride |
|
U049 |
3165-93-3 |
4-Chloro-o-toluidine, hydrochloride |
|
U050 |
218-01-9 |
Chrysene |
|
U051 |
Creosote |
|
|
U052 |
1319-77-3 |
Cresol (Cresylic acid) |
|
U052 |
1319-77-3 |
Phenol, methyl- |
|
U053 |
4170-30-3 |
2-Butenal |
|
U053 |
4170-30-3 |
Crotonaldehyde |
|
U055 |
98-82-8 |
Benzene, (1-methylethyl)-(I) |
|
U055 |
98-82-8 |
Cumene (I) |
|
U056 |
110-82-7 |
Benzene, hexahydro-(I) |
|
U056 |
110-82-7 |
Cyclohexane (I) |
|
U057 |
108-94-1 |
Cyclohexanone (I) |
|
U058 |
50-18-0 |
Cyclophosphamide |
|
U058 |
50-18-0 |
2H-1,3,2-Oxazaphosphorin-2-amine, N,N-bis(2-chloroethyl)tetrahydro-, 2-oxide |
|
U059 |
20830-81-3 |
Daunomycin |
|
U059 |
20830-81-3 |
5,12-Naphthacenedione, 8-acetyl-10-[(3-amino-2,3,6-trideoxy)-alpha-L-lyxo-hexopyranosyl)oxy]-7,8,9,10-tetrahydro-6,8,11-trihydroxy-1-methoxy-, (8S-cis)- |
|
U060 |
72-54-8 |
Benzene, 1,1 '-(2,2-dichloroethylidene)bis[4-chloro- |
|
U060 |
72-54-8 |
DDD |
|
U061 |
50-29-3 |
Benzene, 1,1'-(2,2,2-trichloroethylidene)bis[4-chloro- |
|
U061 |
50-29-3 |
DDT |
|
U062 |
2303-16-4 |
Carbamothioic acid, bis(1-methylethyl)-, S-(2,3-di chloro-2-propenyl) ester |
|
U062 |
2303-16-4 |
Diallate |
|
U063 |
53-70-3 |
Dibenz[a,h]anthracene |
|
U064 |
189-55-9 |
Benzo[rst]pentaphene |
|
U064 |
189-55-9 |
Dibenzo[a,i]pyrene |
|
U066 |
96-12-8 |
1,2-Dibromo-3-chloropropane |
|
U066 |
96-12-8 |
Propane, 1,2-dibromo-3-chloro- |
|
U067 |
106-93-4 |
Ethane, 1,2-dibromo- |
|
U067 |
106-93-4 |
Ethylene dibromide |
|
U068 |
74-95-3 |
Methane, dibromo- |
|
U068 |
74-95-3 |
Methylene bromide |
|
U069 |
84-74-2 |
1,2-Benzenedicarboxylic acid, dibutyl ester |
|
U069 |
84-74-2 |
Dibutyl phthalate |
|
U070 |
95-50-1 |
Benzene, 1,2-dichloro- |
|
U070 |
95-50-1 |
o-Dichlorobenzene |
|
U071 |
541-73-1 |
Benzene, 1,3-dichloro- |
|
U071 |
541-73-1 |
m-Dichlorobenzene |
|
U072 |
106-46-7 |
Benzene, 1,4-dichloro- |
|
U072 |
106-46-7 |
p-Dichlorobenzene |
|
U073 |
91-94-1 |
[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dichloro- |
|
U073 |
91-94-1 |
3,3'-Dichlorobenzidine |
|
U074 |
764-41-0 |
2-Butene, 1,4-dichloro-(I,T) |
|
U074 |
764-41-0 |
1,4-Dichloro-2-butene (I,T) |
|
U075 |
75-71-8 |
Dichlorodifluoromethane |
|
U075 |
75-71-8 |
Methane, dichlorodifluoro- |
|
U076 |
75-34-3 |
Ethane, 1,1-dichloro- |
|
U076 |
75-34-3 |
Ethylidene dichloride |
|
U077 |
107-06-2 |
Ethane, 1,2-dichloro- |
|
U077 |
107-06-2 |
Ethylene dichloride |
|
U078 |
75-35-4 |
1,1-Dichloroethylene |
|
U078 |
75-35-4 |
Ethene, 1,1-dichloro- |
|
U079 |
156-60-5 |
1,2-Dichloroethylene |
|
U079 |
156-60-5 |
Ethene, 1,2-dichloro-, (E)- |
|
U080 |
75-09-2 |
Methane, dichloro- |
|
U080 |
75-09-2 |
Methylene chloride |
|
U081 |
120-83-2 |
2,4-Dichlorophenol |
|
U081 |
120-83-2 |
Phenol, 2,4-dichloro- |
|
U082 |
87-65-0 |
2,6-Dichlorophenol |
|
U082 |
87-65-0 |
Phenol, 2,6-dichloro- |
|
U083 |
78-87-5 |
Propane, 1,2-dichloro- |
|
U083 |
78-87-5 |
Propylene dichloride |
|
U084 |
542-75-6 |
1,3-Dichloropropene |
|
U084 |
542-75-6 |
1-Propene, 1,3-dichloro- |
|
U085 |
1464-53-5 |
2,2'-Bioxirane |
|
U085 |
1464-53-5 |
1,2:3,4-Diepoxybutane (I,T) |
|
U086 |
1615-80-1 |
N,N'-Diethylhydrazine |
|
U086 |
1615-80-1 |
Hydrazine, 1,2-diethyl- |
|
U087 |
3288-58-2 |
O,O-Diethyl S-methyl dithiophosphate |
|
U087 |
3288-58-2 |
Phosphorodithioic acid, O,O-diethyl S-methyl ester |
|
U088 |
84-66-2 |
1,2-Benzenedicarboxylic acid, diethyl ester |
|
U088 |
84-66-2 |
Diethyl phthalate |
|
U089 |
56-53-1 |
Diethylstilbesterol |
|
U089 |
56-53-1 |
Phenol, 4,4'-(l,2-diethyl-l,2-ethenediyl)bis-, (E)- |
|
U090 |
94-58-6 |
1,3-Benzodioxole, 5-propyl- |
|
U090 |
94-58-6 |
Dihydrosafrole |
|
U091 |
119-90-4 |
[1,1 '-Biphenyl]-4,4'-diamine, 3,3'-dimethoxy- |
|
U091 |
119-90-4 |
3,3'-Dimethoxybenzidine |
|
U092 |
124-40-3 |
Dimethylamine (I) |
|
U092 |
124-40-3 |
Methanamine, -methyl-(I) |
|
U093 |
60-11-7 |
Benzenamine, N,N-dimethyl-4-(phenylazo)- |
|
U093 |
60-11-7 |
p-Dimethylaminoazobenzene |
|
U094 |
57-97-6 |
Benz[a]anthracene, 7,12-dimethyl- |
|
U094 |
57-97-6 |
7,12-Dimethylbenz[a]anthracene |
|
U095 |
119-93-7 |
[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethyl- |
|
U095 |
119-93-7 |
3,3'-Dimethylbenzidine |
|
U096 |
80-15-9 |
alpha, alpha-Dimethylbenzylhydroperoxide (R) |
|
U096 |
80-15-9 |
Hydroperoxide, 1 -methyl-1 -phenyl ethyl-(R) |
|
U097 |
79-44-7 |
Carbamic chloride, dimethyl- |
|
U097 |
79-44-7 |
Dimethylcarbamoyl chloride |
|
U098 |
57-14-7 |
1,1 -Dimethylhydrazine |
|
U098 |
57-14-7 |
Hydrazine, 1,1 -dimethyl- |
|
U099 |
540-73-8 |
1,2-Dimethylhydrazine |
|
U099 |
540-73-8 |
Hydrazine, 1,2-dimethyl- |
|
UlOl |
105-67-9 |
2,4-Dimethylphenol |
|
UlOl |
105-67-9 |
Phenol, 2,4-dimethyl- |
|
U102 |
131-11-3 |
1,2-Benzenedicarboxylic acid, dimethyl ester |
|
U102 |
131-11-3 |
Dimethyl phthalate |
|
U103 |
77-78-1 |
Dimethyl sulfate |
|
U103 |
77-78-1 |
Sulfuric acid, dimethyl ester |
|
U105 |
121-14-2 |
Benzene, 1-methyl-2,4-dinitro- |
|
U105 |
121-14-2 |
2,4-Dinitrotoluene |
|
U106 |
606-20-2 |
Benzene, 2-methyl-1,3-dinitro- |
|
U106 |
606-20-2 |
2,6-Dinitrotoluene |
|
U107 |
117-84-0 |
1,2-Benzenedicarboxylic acid, dioctyl ester |
|
U107 |
117-84-0 |
Di-n-octyl phthalate |
|
U108 |
123-91-1 |
1,4-Diethyleneoxide |
|
U108 |
123-91-1 |
1,4-Dioxane |
|
U109 |
122-66-7 |
1,2-Diphenylhydrazine |
|
U109 |
122-66-7 |
Hydrazine, 1,2-diphenyl- |
|
U110 |
142-84-7 |
Dipropylamine (I) |
|
U110 |
142-84-7 |
1-Propanamine, N-propyl-(I) |
|
U111 |
621-64-7 |
Di-n-propylnitrosamine |
|
U111 |
621-64-7 |
1-Propanamine, N-nitroso-N-propyl- |
|
U112 |
141-78-6 |
Acetic acid ethyl ester (I) |
|
U112 |
141-78-6 |
Ethyl acetate (I) |
|
U113 |
140-88-5 |
Ethyl acrylate (I) |
|
U113 |
140-88-5 |
2-Propenoic acid, ethyl ester (I) |
|
U114 |
1111-54-6 |
Carbamodithioic acid, 1,2-ethanediylbis-, salts & esters |
|
U114 |
1111-54-6 |
Ethylenebisdithiocarbamic acid, salts & esters |
|
U115 |
75-21-8 |
Ethylene oxide (I,T) |
|
U115 |
75-21-8 |
Oxirane (I,T) |
|
U116 |
96-45-7 |
Ethylenethiourea |
|
U116 |
96-45-7 |
2-Imidazolidinethione |
|
U117 |
60-29-7 |
Ethane, 1,1'-oxybis-(I) |
|
U117 |
60-29-7 |
Ethyl ether (I) |
|
U118 |
97-63-2 |
Ethyl methacrylate |
|
U118 |
97-63-2 |
2-Propenoic acid, 2-methyl-, ethyl ester |
|
U119 |
62-50-0 |
Ethyl methanesulfonate |
|
U119 |
62-50-0 |
Methanesulfonic acid, ethyl ester |
|
U120 |
206-44-0 |
Fluoranthene |
|
U121 |
75-69-4 |
Methane, trichlorofluoro- |
|
U121 |
75-69-4 |
Trichloromonofluoromethane |
|
U122 |
50-00-0 |
Formaldehyde |
|
U123 |
64-18-6 |
Formic acid (C,T) |
|
U124 |
110-00-9 |
Furan (I) |
|
U124 |
110-00-9 |
Furfuran (I) |
|
U125 |
98-01-1 |
2-Furancarboxaldehyde (I) |
|
U125 |
98-01-1 |
Furfural (I) |
|
U126 |
765-34-4 |
Glycidylaldehyde |
|
U126 |
765-34-4 |
Oxiranecarboxyaldehyde |
|
U127 |
118-74-1 |
Benzene, hexachloro- |
|
U127 |
118-74-1 |
Hexachlorobenzene |
|
U128 |
87-68-3 |
1,3-Butadiene, 1,1,2,3,4,4-hexachloro- |
|
U128 |
87-68-3 |
Hexachlorobutadiene |
|
U129 |
58-89-9 |
Cyclohexane, 1,2,3,4,5,6-hexachloro-, (1alpha,2alpha,3beta,4alpha,5alpha,6beta)- |
|
U129 |
58-89-9 |
Lindane |
|
U130 |
77-47-4 |
1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro- |
|
U130 |
77-47-4 |
Hexachlorocyclopentadiene |
|
U131 |
67-72-1 |
Ethane, hexachloro- |
|
U131 |
67-72-1 |
Hexachloroethane |
|
U132 |
70-30-4 |
Hexachlorophene |
|
U132 |
70-30-4 |
Phenol, 2,2'-methylenebis[3,4,6-trichloro- |
|
U133 |
302-01-2 |
Hydrazine (R,T) |
|
U134 |
7664-39-3 |
Hydrofluoric acid (C,T) |
|
U134 |
7664-39-3 |
Hydrogen fluoride (C,T) |
|
U135 |
7783-06-4 |
Hydrogen sulfide |
|
U135 |
7783-06-4 |
Hydrogen sulfide H2S |
|
U136 |
75-60-5 |
Arsinic acid, dimethyl- |
|
U136 |
75-60-5 |
Cacodylic acid |
|
U137 |
193-39-5 |
Indeno[1,2,3-cd]pyrene |
|
U138 |
74-88-4 |
Methane, iodo- |
|
U138 |
74-88-4 |
Methyl iodide |
|
U140 |
78-83-1 |
Isobutyl alcohol (I,T) |
|
U140 |
78-83-1 |
1-Propanol, 2-methyl- (I,T) |
|
U141 |
120-58-1 |
1,3-Benzodioxole, 5-(1-propenyl)- |
|
U141 |
120-58-1 |
Isosafrole |
|
U142 |
143-50-0 |
Kepone |
|
U142 |
143-50-0 |
1,3,4-Metheno-2H-cyclobuta[cd]pentalen-2-one, 1,1a,3,3a,4,5,5,5a,5b,6-decachlorooctahydro- |
|
U143 |
303-34-4 |
2-Butenoic acid, 2-methyl-, 7-[[2,3-dihydroxy-2-(1-methoxyethyl)-3-methyl-1-oxobutoxy]methyl]-2,3,5,7a-tetrahydro-1H-pyrrolizin-1-yl ester, [1S-[1alpha(Z),7(2S*,3R*),7aalpha]]- |
|
U143 |
303-34-4 |
Lasiocarpine |
|
U144 |
301-04-2 |
Acetic acid, lead(2 +) salt |
|
U144 |
301-04-2 |
Lead acetate |
|
U145 |
7446-27-7 |
Lead phosphate |
|
U145 |
7446-27-7 |
Phosphoric acid, lead(2 +) salt (2:3) |
|
U146 |
1335-32-6 |
Lead, bis(acetato-O)tetrahydroxytri- |
|
U146 |
1335-32-6 |
Lead subacetate |
|
U147 |
108-31-6 |
2,5-Furandione |
|
U147 |
108-31-6 |
Maleic anhydride |
|
U148 |
123-33-1 |
Maleic hydrazide |
|
U148 |
123-33-1 |
3,6-Pyridazinedione, 1,2-dihydro- |
|
U149 |
109-77-3 |
Malononitrile |
|
U149 |
109-77-3 |
Propanedinitrile |
|
U150 |
148-82-3 |
Melphalan |
|
U150 |
148-82-3 |
L-Phenylalanine, 4-[bis(2-chloroethyl)amino]- |
|
U151 |
7439-97-6 |
Mercury |
|
U152 |
126-98-7 |
Methacrylonitrile (I,T) |
|
U152 |
126-98-7 |
2-Propenenitrile, 2-methyl- (I,T) |
|
U153 |
74-93-1 |
Methanethiol (I,T) |
|
U153 |
74-93-1 |
Thiomethanol (I,T) |
|
U154 |
67-56-1 |
Methanol (I) |
|
U154 |
67-56-1 |
Methyl alcohol (I) |
|
U155 |
91-80-5 |
1,2-Ethanediamine, N,N-dimethyl-N'-2-pyridinyl-N'-(2-thienylmethyl)- |
|
U155 |
91-80-5 |
Methapyrilene |
|
U156 |
79-22-1 |
Carbonochloridic acid, methyl ester (I,T) |
|
U156 |
79-22-1 |
Methyl chlorocarbonate (I,T) |
|
U157 |
56-49-5 |
Benz[j]aceanthrylene, 1,2-dihydro-3-methyl- |
|
U157 |
56-49-5 |
3-Methylcholanthrene |
|
U158 |
101-14-4 |
Benzenamine, 4,4'-methylenebis[2-chloro- |
|
U158 |
101-14-4 |
4,4'-Methylenebis(2-chloroaniline) |
|
U159 |
78-93-3 |
2-Butanone (I,T) |
|
U159 |
78-93-3 |
Methyl ethyl ketone (MEK) (I,T) |
|
U160 |
1338-23-4 |
2-Butanone, peroxide (R,T) |
|
U160 |
1338-23-4 |
Methyl ethyl ketone peroxide (R,T) |
|
U161 |
108-10-1 |
Methyl isobutyl ketone (I) |
|
U161 |
108-10-1 |
4-Methyl-2-pentanone (I) |
|
U161 |
108-10-1 |
Pentanol, 4-methyl- |
|
U162 |
80-62-6 |
Methyl methacrylate (I,T) |
|
U162 |
80-62-6 |
2-Propenoic acid, 2-methyl-, methyl ester (I,T) |
|
U163 |
70-25-7 |
Guanidine, -methyl-N'-nitro-N-nitroso- |
|
U163 |
70-25-7 |
MNNG |
|
U164 |
56-04-2 |
Methylthiouracil |
|
U164 |
56-04-2 |
4(1H)-Pyrimidinone, 2,3-dihydro-6-methyl-2-thioxo- |
|
U165 |
91-20-3 |
Naphthalene |
|
U166 |
130-15-4 |
1,4-Naphthalenedione |
|
U166 |
130-15-4 |
1,4-Naphthoquinone |
|
U167 |
134-32-7 |
1-Naphthalenamine |
|
U167 |
134-32-7 |
alpha-Naphthylamine |
|
U168 |
91-59-8 |
2-Naphthalenamine |
|
U168 |
91-59-8 |
beta-Naphthylamine |
|
U169 |
98-95-3 |
Benzene, nitro- |
|
U169 |
98-95-3 |
Nitrobenzene (I,T) |
|
U170 |
100-02-7 |
p-Nitrophenol |
|
U170 |
100-02-7 |
Phenol, 4-nitro- |
|
U171 |
79-46-9 |
2-Nitropropane (I,T) |
|
U171 |
79-46-9 |
Propane, 2-nitro- (I,T) |
|
U172 |
924-16-3 |
1-Butanamine, N-butyl-N-nitroso- |
|
U172 |
924-16-3 |
N-Nitrosodi-n-butylamine |
|
U173 |
1116-54-7 |
Ethanol, 2,2'-(nitrosoimino)bis- |
|
U173 |
1116-54-7 |
N-Nitrosodiethanolamine |
|
U174 |
55-18-5 |
Ethanamine, -ethyl-N-nitroso- |
|
U174 |
55-18-5 |
N-Nitrosodiethylamine |
|
U176 |
759-73-9 |
N-Nitroso-N-ethylurea |
|
U176 |
759-73-9 |
Urea, N-ethyl-N-nitroso- |
|
U177 |
684-93-5 |
N-Nitroso-N-methylurea |
|
U177 |
684-93-5 |
Urea, N-methyl-N-nitroso- |
|
U178 |
615-53-2 |
Carbamic acid, methylnitroso-, ethyl ester |
|
U178 |
615-53-2 |
N-Nitroso-N-methylurethane |
|
U179 |
100-75-4 |
N-Nitrosopiperidine |
|
U179 |
100-75-4 |
Piperidine, 1-nitroso- |
|
U180 |
930-55-2 |
N-Nitrosopyrrolidine |
|
U180 |
930-55-2 |
Pyrrolidine, 1-nitroso- |
|
U181 |
99-55-8 |
Benzenamine, 2-methyl-5-nitro- |
|
U181 |
99-55-8 |
5-Nitro-o-toluidine |
|
U182 |
123-63-7 |
1,3,5-Trioxane, 2,4,6-trimethyl- |
|
U182 |
123-63-7 |
Paraldehyde |
|
U183 |
608-93-5 |
Benzene, pentachloro- |
|
U183 |
608-93-5 |
Pentachlorobenzene |
|
U184 |
76-01-7 |
Ethane, pentachloro- |
|
U184 |
76-01-7 |
Pentachloroethane |
|
U185 |
82-68-8 |
Benzene, pentachloronitro- |
|
U185 |
82-68-8 |
Pentachloronitrobenzene (PCNB) |
|
U186 |
504-60-9 |
1-Methylbutadiene (I) |
|
U186 |
504-60-9 |
1,3-Pentadiene (I) |
|
U187 |
62-44-2 |
Acetamide, -(4-ethoxyphenyl)- |
|
U187 |
62-44-2 |
Phenacetin |
|
U188 |
108-95-2 |
Phenol |
|
U189 |
1314-80-3 |
Phosphorus sulfide (R) |
|
U189 |
1314-80-3 |
Sulfur phosphide (R) |
|
U190 |
85-44-9 |
1,3-Isobenzofurandione |
|
U190 |
85-44-9 |
Phthalic anhydride |
|
U191 |
109-06-8 |
2-Picoline |
|
U191 |
109-06-8 |
Pyridine, 2-methyl- |
|
U192 |
23950-58-5 |
Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)- |
|
U192 |
23950-58-5 |
Pronamide |
|
U193 |
1120-71-4 |
1,2-Oxathiolane, 2,2-dioxide |
|
U193 |
1120-71-4 |
1,3-Propane sultone |
|
U194 |
107-10-8 |
1-Propanamine (I,T) |
|
U194 |
107-10-8 |
n-Propylamine (I,T) |
|
U196 |
110-86-1 |
Pyridine |
|
U197 |
106-51-4 |
p-Benzoquinone |
|
U197 |
106-51-4 |
2,5-Cyclohexadiene-1,4-dione |
|
U200 |
50-55-5 |
Reserpine |
|
U200 |
50-55-5 |
Yohimban-16-carboxylic acid, 11,17-dimethoxy-18-[(3,4,5-trimethoxybenzoyl)oxy]-, methyl ester,(3beta,16beta,17alpha,18beta,20alpha)- |
|
U201 |
108-46-3 |
1,3-Benzenediol |
|
U201 |
108-46-3 |
Resorcinol |
|
U203 |
94-59-7 |
1,3-Benzodioxole, 5-(2-propenyl)- |
|
U203 |
94-59-7 |
Safrole |
|
U204 |
7783-00-8 |
Selenious acid |
|
U204 |
7783-00-8 |
Selenium dioxide |
|
U205 |
7488-56-4 |
Selenium sulfide |
|
U205 |
7488-56-4 |
Selenium sulfide SeS2 (R,T) |
|
U206 |
18883-66-4 |
Glucopyranose, 2-deoxy-2-(3-methyl-3-nitrosoureido)-, D- |
|
U206 |
18883-66-4 |
D-Glucose, 2-deoxy-2-[[(methylnitrosoamino)-carbonyl]amino]- |
|
U206 |
18883-66-4 |
Streptozotocin |
|
U207 |
95-94-3 |
Benzene, 1,2,4,5-tetrachloro- |
|
U207 |
95-94-3 |
1,2,4,5-Tetrachlorobenzene |
|
U208 |
630-20-6 |
Ethane, 1,1,1,2-tetrachloro- |
|
U208 |
630-20-6 |
1,1,1,2-Tetrachloroethane |
|
U209 |
79-34-5 |
Ethane, 1,1,2,2-tetrachloro- |
|
U209 |
79-34-5 |
1,1,2,2-Tetrachloroethane |
|
U210 |
127-18-4 |
Ethene, tetrachloro- |
|
U210 |
127-18-4 |
Tetrachloroethylene |
|
U211 |
56-23-5 |
Carbon tetrachloride |
|
U211 |
56-23-5 |
Methane, tetrachloro- |
|
U213 |
109-99-9 |
Furan, tetrahydro-(I) |
|
U213 |
109-99-9 |
Tetrahydrofuran (I) |
|
U214 |
563-68-8 |
Acetic acid, thallium(1 +) salt |
|
U214 |
563-68-8 |
Thallium(I) acetate |
|
U215 |
6533-73-9 |
Carbonic acid, dithallium(1 +) salt |
|
U215 |
6533-73-9 |
Thallium(I) carbonate |
|
U216 |
7791-12-0 |
Thallium(I) chloride |
|
U216 |
7791-12-0 |
Thallium chloride TlCl |
|
U217 |
10102-45-1 |
Nitric acid, thallium(1 +) salt |
|
U217 |
10102-45-1 |
Thallium(I) nitrate |
|
U218 |
62-55-5 |
Ethanethioamide |
|
U218 |
62-55-5 |
Thioacetamide |
|
U219 |
62-56-6 |
Thiourea |
|
U220 |
108-88-3 |
Benzene, methyl- |
|
U220 |
108-88-3 |
Toluene |
|
U221 |
25376-45-8 |
Benzenediamine, ar-methyl- |
|
U221 |
25376-45-8 |
Toluenediamine |
|
U222 |
636-21-5 |
Benzenamine, 2-methyl-, hydrochloride |
|
U222 |
636-21-5 |
o-Toluidine hydrochloride |
|
U223 |
26471-62-5 |
Benzene, 1,3-diisocyanatomethyl- (R,T) |
|
U223 |
26471-62-5 |
Toluene diisocyanate (R,T) |
|
U225 |
75-25-2 |
Bromoform |
|
U225 |
75-25-2 |
Methane, tribromo- |
|
U226 |
71-55-6 |
Ethane, 1,1,1-trichloro- |
|
U226 |
71-55-6 |
Methyl chloroform |
|
U226 |
71-55-6 |
1,1,1-Trichloroethane |
|
U227 |
79-00-5 |
Ethane, 1,1,2-trichloro- |
|
U227 |
79-00-5 |
1,1,2-Trichloroethane |
|
U228 |
79-01-6 |
Ethene, trichloro- |
|
U228 |
79-01-6 |
Trichloroethylene |
|
U234 |
99-35-4 |
Benzene, 1,3,5-trinitro- |
|
U234 |
99-35-4 |
1,3,5-Trinitrobenzene (R,T) |
|
U235 |
126-72-7 |
1-Propanol, 2,3-dibromo-, phosphate (3:1) |
|
U235 |
126-72-7 |
Tris(2,3-dibromopropyl) phosphate |
|
U236 |
72-57-1 |
2,7-Naphthalenedisulfonic acid, 3,3'-[(3,3'-dimethyl[1,1'-biphenyl]-4,4'-diyl)bis(azo)bis[5-amino-4-hydroxy]-, tetrasodium salt |
|
U236 |
72-57-1 |
Trypan blue |
|
U237 |
66-75-1 |
2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2-chloroethyl)amino]- |
|
U237 |
66-75-1 |
Uracil mustard |
|
U238 |
51-79-6 |
Carbamic acid, ethyl ester |
|
U238 |
51-79-6 |
Ethyl carbamate (urethane) |
|
U239 |
1330-20-7 |
Benzene, dimethyl- (I,T) |
|
U239 |
1330-20-7 |
Xylene (I) |
|
U240 |
194-75-7 |
Acetic acid, (2,4-dichlorophenoxy)-, salts & esters |
|
U240 |
194-75-7 |
2,4-D, salts & esters |
|
U243 |
1888-71-7 |
Hexachloropropene |
|
U243 |
1888-71-7 |
1-Propene, 1,1,2,3,3,3-hexachloro- |
|
U244 |
137-26-8 |
Thioperoxydicarbonic diamide [(H2N)C(S)]2 S2, tetramethyl- |
|
U244 |
137-26-8 |
Thiram |
|
U246 |
506-68-3 |
Cyanogen bromide (CN)Br |
|
U247 |
72-43-5 |
Benzene, 1,1'-(2,2,2-trichloroethylidene)bis[4- methoxy- |
|
U247 |
72-43-5 |
Methoxychlor |
|
U248 |
181-81-2 |
2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-oxo-1-phenyl-butyl)-, & salts, when present at concentrations of 0.3% or less |
|
U248 |
181-81-2 |
Warfarin, & salts, when present at concentrations of 0.3% or less |
|
U249 |
1314-84-7 |
Zinc phosphide Zn3 P2, when present at concentrations of 10% or less |
|
U271 |
17804-35-2 |
Benomyl |
|
U271 |
17804-35-2 |
Carbamic acid, [1-[(butylamino)carbonyl]-1H-benzimidazol-2-yl]-, methyl ester |
|
U278 |
22781-23-3 |
Bendiocarb |
|
U278 |
22781-23-3 |
1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl carbamate |
|
U279 |
63-25-2 |
Carbaryl |
|
U279 |
63-25-2 |
1-Naphthalenol, methylcarbamate |
|
U280 |
101-27-9 |
Barban |
|
U280 |
101-27-9 |
Carbamic acid, (3-chlorophenyl)-, 4-chloro-2-butynyl ester |
|
U328 |
95-53-4 |
Benzenamine, 2-methyl- |
|
U328 |
95-53-4 |
o-Toluidine |
|
U353 |
106-49-0 |
Benzenamine, 4-methyl- |
|
U353 |
106-49-0 |
p-Toluidine |
|
U359 |
110-80-5 |
Ethanol, 2-ethoxy- |
|
U359 |
110-80-5 |
Ethylene glycol monoethyl ether |
|
U364 |
22961-82-6 |
Bendiocarb phenol |
|
U364 |
22961-82-6 |
1,3-Benzodioxol-4-ol, 2,2-dimethyl-, |
|
U367 |
1563-38-8 |
7-Benzofuranol, 2,3-dihydro-2,2-dimethyl- |
|
U367 |
1563-38-8 |
Carbofuran phenol |
|
U372 |
10605-21-7 |
Carbamic acid, 1H-benzimidazol-2-yl, methyl ester |
|
U372 |
10605-21-7 |
Carbendazim |
|
U373 |
122-42-9 |
Carbamic acid, phenyl-, 1-methylethyl ester |
|
U373 |
122-42-9 |
Propham |
|
U387 |
52888-80-9 |
Carbamothioic acid, dipropyl-, S-(phenylmethyl) ester |
|
U387 |
52888-80-9 |
Prosulfocarb |
|
U389 |
2303-17-5 |
Carbamothioic acid, bis(1-methylethyl)-, S-(2,3,3-trichloro-2-propenyl) ester |
|
U389 |
2303-17-5 |
Triallate |
|
U394 |
30558-43-1 |
A2213 |
|
U394 |
30558-43-1 |
Ethanimidothioic acid, 2-(dimethylamino)-N-hydroxy-2-oxo-, methyl ester |
|
U395 |
5952-26-1 |
Diethylene glycol, dicarbamate |
|
U395 |
5952-26-1 |
Ethanol, 2,2'-oxybis-, dicarbamate |
|
U404 |
121-44-8 |
Ethanamine, N,N-diethyl- |
|
U404 |
121-44-8 |
Triethylamine |
|
U409 |
23564-05-8 |
Carbamic acid, [1,2-phenylenebis (iminocarbonothioyl)]bis-, dimethyl ester |
|
U409 |
23564-05-8 |
Thiophanate-methyl |
|
U410 |
59669-26-0 |
Ethanimidothioic acid, N,N'-[thiobis[(methylimino)carbonyloxy]]bis-, dimethyl ester |
|
U410 |
59669-26-0 |
Thiodicarb |
|
U411 |
114-26-1 |
Phenol, 2-(1-methylethoxy)-, methylcarbamate |
|
U411 |
114-26-1 |
Propoxur |
|
See F027 |
93-76-5 |
Acetic acid, (2,4,5-trichlorophenoxy)- |
|
See F027 |
87-86-5 |
Pentachlorophenol |
|
See F027 |
87-86-5 |
Phenol, pentachloro- |
|
See F027 |
58-90-2 |
Phenol, 2,3,4,6-tetrachloro- |
|
See F027 |
95-95-4 |
Phenol, 2,4,5-trichloro- |
|
See F027 |
88-06-2 |
Phenol, 2,4,6-trichloro- |
|
See F027 |
93-72-1 |
Propanoic acid, 2-(2,4,5-trichlorophenoxy)- |
|
See F027 |
93-72-1 |
Silvex (2,4,5-TP) |
|
See F027 |
93-76-5 |
2,4,5-T |
|
See F027 |
58-90-2 |
2,3,4,6-Tetrachlorophenol |
|
See F027 |
95-95-4 |
2,4,5-Trichlorophenol |
|
See F027 |
88-06-2 |
2,4,6-Trichlorophenol |
\1\ CAS Number given for parent compound only.
§ 261.35
Deletion of certain hazardous waste codes following equipment cleaning
and replacement
(a) Wastes from wood
preserving processes at plants that do not resume or initiate use of
chlorophenolic preservatives will not meet the listing definition of F032 once
the generator has met all of the requirements of paragraphs (b) and (c) of this
section. These wastes may, however, continue to meet another hazardous waste
listing description or may exhibit one or more of the hazardous waste
characteristics.
(b) Generators
must either clean or replace all process equipment that may have come into
contact with chlorophenolic formulations or constituents thereof, including,
but not limited to, treatment cylinders, sumps, tanks, piping systems, drip
pads, fork lifts, and trams, in a manner that minimizes or eliminates the
escape of hazardous waste or constituents, leachate, contaminated drippage, or
hazardous waste decomposition products to the ground water, surface water, or
atmosphere.
(1) Generators shall do one of
the following:
(i) Prepare and follow an
equipment cleaning plan and clean equipment in accordance with this
section;
(ii) Prepare and follow an
equipment replacement plan and replace equipment in accordance with this
section; or
(iii) Document cleaning
and replacement in accordance with this section, carried out after termination
of use of chlorophenolic preservations.
(2) Cleaning Requirements.
(i) Prepare and sign a written equipment
cleaning plan that describes:
(A) The
equipment to be cleaned;
(B) How
the equipment will be cleaned;
(C)
The solvent to be used in cleaning;
(D) How solvent rinses will be tested;
and
(E) How cleaning residues will
be disposed.
(ii)
Equipment must be cleaned as follows:
(A)
Remove all visible residues from process equipment;
(B) Rinse process equipment with an
appropriate solvent until dioxins and dibenzofurans are not detected in the
final solvent rinse.
(iii) Analytical requirements.
(A) Rinses must be tested by using an
appropriate method..
(B) "Not
detected" means at or below the following lower method calibration limits
(MCLs): The 2,3,7,8-TCDD-based MCL - 0.01 parts per trillion (ppt), sample
weight of 1000 g, IS spiking level of 1 ppt, final extraction volume of 10-50
uL. For other congeners - multiply the values by 1 for TCDF/PeCDD/PeCDF, by 2.5
for HxCDD/HxCDF/ HpCDD/HpCDF, and by 5 for OCDD/OCDF.
(iv) The generator must manage all residues
from the cleaning process as F032 waste.
(3) Replacement requirements.
(i) Prepare and sign a written equipment
replacement plan that describes:
(A) The
equipment to be replaced;
(B) How
the equipment will be replaced;
(C)
How the equipment will be disposed.
(ii) The generator must manage the discarded
equipment as F032 waste.
(4) Documentation requirements.
(i) Document that previous equipment cleaning
and/or replacement was performed in accordance with this section and occurred
after cessation of use of chlorophenolic preservatives.
(c) The generator must maintain
the following records documenting the cleaning and replacement as part of the
facility's operating record:
(1) The name and
address of the facility;
(2)
Formulations previously used and the date on which their use ceased in each
process at the plant;
(3)
Formulations currently used in each process at the plant;
(4) The equipment cleaning or replacement
plan;
(5) The name and address of
any persons who conducted the cleaning and replacement;
(6) The dates on which cleaning and
replacement were accomplished;
(7)
The dates of sampling and testing;
(8) A description of the sample handling and
preparation techniques, including techniques used for extraction,
containerization, preservation, and chain-of-custody of the samples;
(9) A description of the tests performed, the
date the tests were performed, and the results of the tests;
(10) The name and model numbers of the
instrument(s) used in performing the tests;
(11) QA/QC documentation; and
(12) The following statement signed by the
generator or his authorized representative: "I certify under penalty of law
that all process equipment required to be cleaned or replaced under
40
CFR 261.35 was cleaned or replaced as
represented in the equipment cleaning and replacement plan and accompanying
documentation. I am aware that there are significant penalties for providing
false information, including the possibility of fine or
imprisonment."
§
261.36
[Reserved]
§ 261.37
[Reserved]
Subsection
E
-- Exclusions/Exemptions
§
261.38
[Reserved]
§ 261.39
Conditional Exclusion for
Used, Broken Cathode Ray Tubes (CRTs) and Processed CRT Glass Undergoing
Recycling
Used, broken CRTs are not solid wastes if they meet the following conditions:
(a) Prior to
processing: These materials are not solid wastes if they are destined for
recycling and if they meet the following requirements:
(1) Storage. The broken CRTs must be either:
(i) Stored in a building with a roof, floor,
and walls, or
(ii) Placed in a
container (i.e., a package or a vehicle) that is constructed, filled, and
closed to minimize releases to the environment of CRT glass (including fine
solid materials).
(2)
Labeling. Each container in which the used, broken CRT is contained must be
labeled or marked clearly with one of the following phrases: "Used cathode ray
tube(s)-contains leaded glass" or "Leaded glass from televisions or computers."
It must also be labeled: "Do not mix with other glass materials."
(3) Transportation. The used, broken CRTs
must be transported in a container meeting the requirements of paragraphs
(a)(1)(ii) and (2) of this section.
(4) Speculative accumulation and use
constituting disposal. The used, broken CRTs are subject to the limitations on
speculative accumulation as defined in paragraph (c)(8) of this section. If
they are used in a manner constituting disposal, they must comply with the
applicable requirements of Section 266, Subsection C of this rule instead of
the requirements of this section.
(5) Exports. In addition to the applicable
conditions specified in paragraphs (a)(1)-(4) of this section, exporters of
used, broken CRTs must comply with the following requirements:
(i) Notify the U.S. EPA of an intended export
before the CRTs are scheduled to leave the United States. A complete
notification should be submitted sixty (60) days before the initial shipment is
intended to be shipped off-site. This notification may cover export activities
extending over a twelve (12) month or lesser period. The notification must be
in writing, signed by the exporter, and include the following information:
(A) Name, mailing address, telephone number
and EPA ID number (if applicable) of the exporter of the CRTs.
(B) The estimated frequency or rate at which
the CRTs are to be exported and the period of time over which they are to be
exported.
(C) The estimated total
quantity of CRTs specified in kilograms.
(D) All points of entry to and departure from
each foreign country through which the CRTs will pass.
(E) A description of the means by which each
shipment of the CRTs will be transported (e.g., mode of transportation vehicle
(air, highway, rail, water, etc.), type(s) of container (drums, boxes, tanks,
etc.)).
(F) The name and address of
the recycler or recyclers and the estimated quantity of used CRTs to be sent to
each facility, as well as the names of any alternate recyclers.
(G) A description of the manner in which the
CRTs will be recycled in the foreign country that will be receiving the
CRTs.
(H) The name of any transit
country through which the CRTs will be sent and a description of the
approximate length of time the CRTs will remain in such country and the nature
of their handling while there.
(ii) Notifications must be submitted
electronically using EPA's Waste Import Export Tracking System (WIETS), or its
successor system.
(iii) Upon
request by EPA, the exporter shall furnish to EPA any additional information
which a receiving country requests in order to respond to a
notification.
(iv) EPA will provide
a complete notification to the receiving country and any transit countries. A
notification is complete when EPA receives a notification which EPA determines
satisfies the requirements of paragraph (a)(5)(i) of this section.
(v) The export of CRTs is prohibited unless
all of the following occur:
(A) The receiving
country consents to the intended export. When the receiving country consents in
writing to the receipt of the CRTs, EPA will forward an Acknowledgment of
Consent to Export CRTs to the exporter. Where the receiving country objects to
receipt of the CRTs or withdraws a prior consent, EPA will notify the exporter
in writing. EPA will also notify the exporter of any responses from transit
countries.
(B) On or after the AES
filing compliance date of December 31, 2017, the exporter or a U.S. authorized
agent must:
(1) Submit Electronic Export
Information (EEI) for each shipment to the Automated Export System (AES) or its
successor system, under the International Trade Data System (ITDS) platform, in
accordance with
15
CFR 30.4(b).
(2) Include the following items in the EEI,
along with the other information required under
15 CFR
30.6:
(i)
EPA license code;
(ii) Commodity
classification code per
15 CFR
30.6(a)(12);
(iii) EPA consent number;
(iv) Country of ultimate destination per
15 CFR
30.6(a)(5);
(v) Date of export per
15 CFR
30.6(a)(2);
(vi) Quantity of waste in shipment and units
for reported quantity, if required reporting units established by value for the
reported commodity classification number are in units of weight or volume per
15 CFR
30.6(a)(15); or
(vii) EPA net quantity reported in units of
kilograms, if required reporting units established by value for the reported
commodity classification number are not in units of weight or volume.
(vi) When the
conditions specified on the original notification change, the exporter must
provide EPA with a written renotification of the change using the allowable
methods listed in paragraph (a)(5)(ii) of this section, except for changes to
the telephone number in paragraph (a)(5)(i)(A) of this section and decreases in
the quantity indicated pursuant to paragraph (a)(5)(i)(C) of this section. The
shipment cannot take place until consent of the receiving country to the
changes has been obtained (except for changes to information about points of
entry and departure and transit countries pursuant to paragraphs (a)(5)(i)(D)
and (H) of this section) and the exporter of CRTs receives from EPA a copy of
the Acknowledgment of Consent to Export CRTs reflecting the receiving country's
consent to the changes.
(vii) A
copy of the Acknowledgment of Consent to Export CRTs must accompany the
shipment of CRTs. The shipment must conform to the terms of the
Acknowledgment.
(viii) If a
shipment of CRTs cannot be delivered for any reason to the recycler or the
alternate recycler, the exporter of CRTs must renotify EPA of a change in the
conditions of the original notification to allow shipment to a new recycler in
accordance with paragraph (a)(5)(vi) of this section and obtain another
Acknowledgment of Consent to Export CRTs.
(ix) Exporters must keep copies of
notifications and Acknowledgments of Consent to Export CRTs for a period of
three years following receipt of the Acknowledgment. Exporters may satisfy this
recordkeeping requirement by retaining electronically submitted notifications
or electronically generated Acknowledgements in the CRT exporter's account on
EPA's Waste Import Export Tracking System (WIETS), or its successor system,
provided that such copies are readily available for viewing and production if
requested by any EPA or authorized state inspector. No CRT exporter may be held
liable for the inability to produce a notification or Acknowledgement for
inspection under this section if the CRT exporter can demonstrate that the
inability to produce such copies are due exclusively to technical difficulty
with EPA's Waste Import Export Tracking System (WIETS), or its successor system
for which the CRT exporter bears no responsibility.
(x) CRT exporters must file with EPA no later
than March 1 of each year, an annual report summarizing the quantities (in
kilograms), frequency of shipment, and ultimate destination(s)
(i.e., the facility or facilities where the recycling occurs)
of all used CRTs exported during the previous calendar year. Such reports must
also include the following:
(A) The name, EPA
ID number (if applicable), and mailing and site address of the
exporter;
(B) The calendar year
covered by the report;
(C) A
certification signed by the CRT exporter that states: "I certify under penalty
of law that I have personally examined and am familiar with the information
submitted in this and all attached documents and that, based on my inquiry of
those individuals immediately responsible for obtaining this information, I
believe that the submitted information is true, accurate, and complete. I am
aware that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment."
(xi) Prior to one year after the AES filing
compliance date, annual reports must be sent to the following mailing address:
Office of Enforcement and Compliance Assurance, Office of Federal Activities,
International Compliance Assurance Division, (Mail Code 2254A), Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460.
Hand-delivered annual reports on used CRTs exported during 2016 should be sent
to: Office of Enforcement and Compliance Assurance, Office of Federal
Activities, International Compliance Assurance Division, (Mail Code 2254A),
Environmental Protection Agency, Ariel Rios Bldg., Room 6144, 1200 Pennsylvania
Ave. NW., Washington, DC. Subsequently, annual reports must be submitted to the
office listed using the allowable methods specified in paragraph (a)(5)(ii) of
this section. Exporters must keep copies of each annual report for a period of
at least three years from the due date of the report. Exporters may satisfy
this recordkeeping requirement by retaining electronically submitted annual
reports in the CRT exporter's account on EPA's Waste Import Export Tracking
System (WIETS), or its successor system, provided that a copy is readily
available for viewing and production if requested by any EPA or authorized
state inspector. No CRT exporter may be held liable for the inability to
produce an annual report for inspection under this section if the CRT exporter
can demonstrate that the inability to produce the annual report is due
exclusively to technical difficulty with EPA's Waste Import Export Tracking
System (WIETS), or its successor system for which the CRT exporter bears no
responsibility.
(b) Requirements for used CRT processing:
Used, broken CRTs undergoing CRT processing as defined in § 260.10 of this
rule are not solid wastes if they meet the following requirements:
(1) Storage. Used, broken CRTs undergoing
processing are subject to the requirement of paragraph (a)(4) of this
section.
(2) Processing.
(i) All activities specified in paragraphs
(2) and (3) of the definition of "CRT processing" in § 260.10 of this rule
must be performed within a building with a roof, floor, and walls;
and
(ii) No activities may be
performed that use temperatures high enough to volatilize lead from
CRTs.
(c)
Processed CRT glass sent to CRT glass making or lead smelting: Glass from used
CRTs that is destined for recycling at a CRT glass manufacturer or a lead
smelter after processing is not a solid waste unless it is speculatively ac
cumulated as defined in § 261.1(c)(8).
(d) Use constituting disposal: Glass from
used CRTs that is used in a manner constituting disposal must comply with the
requirements of Section 266, subsection C of this rule instead of the
requirements of this section.
Used, intact CRTs exported for recycling are not solid wastes if they meet the notice and consent conditions of § 261.39(a)(5), and if they are not speculatively accumulated as defined in § 261.1(c)(8).
§
261.40
Conditional Exclusion for Used, Intact Cathode Ray
Tubes (CRTs) Exported for Recycling.
Used, intact CRTs exported for recycling are not solid wastes if they meet the notice and consent conditions of § 261.39(a)(5), and if they are not speculatively accumulated as defined in § 261.1(c)(8).
§ 261.41
Notification and Recordkeeping for Used, Intact Cathode Ray Tubes (CRTs)
Exported for Reuse
(a) CRT exporters
who export used, intact CRTs for reuse must send a notification to EPA. This
notification may cover export activities extending over a twelve (12) month or
lesser period.
(1) The notification must be in
writing, signed by the exporter, and include the following information:
(i) Name, mailing address, telephone number,
and EPA ID number (if applicable) of the exporter of the used, intact
CRTs;
(ii) The estimated frequency
or rate at which the used, intact CRTs are to be exported for reuse and the
period of time over which they are to be exported;
(iii) The estimated total quantity of used,
intact CRTs specified in kilograms;
(iv) All points of entry to and departure
from each transit country through which the used, intact CRTs will pass, a
description of the approximate length of time the used, intact CRTs will remain
in such country, and the nature of their handling while there;
(v) A description of the means by which each
shipment of the used, intact CRTs will be transported (e.g., mode of
transportation vehicle (air, highway, rail, water, etc.), type(s) of container
(drums, boxes, tanks, etc.));
(vi)
The name and address of the ultimate destination facility or facilities where
the used, intact CRTs will be reused, refurbished, distributed, or sold for
reuse and the estimated quantity of used, intact CRTs to be sent to each
facility, as well as the name of any alternate destination facility or
facilities;
(vii) A description of
the manner in which the used, intact CRTs will be reused (including reuse after
refurbishment) in the foreign country that will be receiving the used, intact
CRTs; and
(viii) A certification
signed by the CRT exporter that states: "I certify under penalty of law that
the CRTs described in this notice are intact and fully functioning or capable
of being functional after refurbishment and that the used CRTs will be reused
or refurbished and reused. I certify under penalty of law that I have
personally examined and am familiar with the information submitted in this and
all attached documents and that, based on my inquiry of those individuals
immediately responsible for obtaining the information, I believe that the
submitted information is true, accurate, and complete. I am aware that there
are significant penalties for submitting false information, including the
possibility of fine and imprisonment."
(2) Notifications submitted by mail should be
sent to the following mailing address: Office of Enforcement and Compliance
Assurance, Office of Federal Activities, International Compliance Assurance
Division, (Mail Code 2254A), Environmental Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460. Hand-delivered notifications should be sent to:
Office of Enforcement and Compliance Assurance, Office of Federal Activities,
International Compliance Assurance Division, (Mail Code 2254A), Environmental
Protection Agency, William Jefferson Clinton Building, Room 6144, 1200
Pennsylvania Ave. N.W., Washington, DC 20004. In both cases, the following
shall be prominently displayed on the front of the envelope: "Attention:
Notification of Intent to Export CRTs."
(b) CRT exporters of used, intact CRTs sent
for reuse must keep copies of normal business records, such as contracts,
demonstrating that each shipment of exported used, intact CRTs will be reused.
This documentation must be retained for a period of at least three years from
the date the CRTs were exported. If the documents are written in a language
other than English, CRT exporters of used, intact CRTs sent for reuse must
provide both the original, non-English version of the normal business records
as well as a third-party translation of the normal business records into
English within 30 days upon request by EPA.
Subsection F - G
[Reserved]
Subsection H
-- Financial Requirements for Management of Excluded Hazardous Secondary
Materials
§ 261.140
Applicability
(a) The
requirements of this Subsection apply to owners or operators of reclamation and
intermediate facilities managing hazardous secondary materials excluded under
APC&EC Rule No. 23 §261.4(a)(24), except as provided otherwise in this
section.
(b) States and the Federal
government are exempt from the financial assurance requirements of this
subsection.
§
261.141
Definitions of terms as used in this section
The terms defined in §265.141(d), (f), (g), and (h) of this rule have the same meaning in this subsection as they do in §265.141 of this rule.
§ 261.142
Cost estimate
(a) The owner or
operator must have a detailed written estimate, in current dollars, of the cost
of disposing of any hazardous secondary material as listed or characteristic
hazardous waste, and the potential cost of closing the facility as a treatment,
storage, and disposal facility.
(1) The
estimate must equal the cost of conducting the activities described in
paragraph (a) of this section at the point when the extent and manner of the
facility's operation would make these activities the most expensive;
and
(2) The cost estimate must be
based on the costs to the owner or operator of hiring a third party to conduct
these activities. A third party is a party who is neither a parent nor a
subsidiary of the owner or operator. (See definition of parent corporation in
§265.141(d) of this rule.) The owner or operator may use costs for on-site
disposal in accordance with applicable requirements if he can demonstrate that
on-site disposal capacity will exist at all times over the life of the
facility.
(3) The cost estimate may
not incorporate any salvage value that may be realized with the sale of
hazardous secondary materials, or hazardous or non-hazardous wastes if
applicable under §265.113(d) of this rule, facility structures or
equipment, land, or other assets associated with the facility.
(4) The owner or operator may not incorporate
a zero cost for hazardous secondary materials, or hazardous or non-hazardous
wastes if applicable under §265.113(d) of this rule that might have
economic value.
(b)
During the active life of the facility, the owner or operator must adjust the
cost estimate for inflation within 60 days prior to the anniversary date of the
establishment of the financial instrument(s) used to comply with §261.143.
For owners and operators using the financial test or corporate guarantee, the
cost estimate must be updated for inflation within 30 days after the close of
the firm's fiscal year and before submission of updated information to the
Director as specified in §261.143(e)(3). The adjustment may be made by
recalculating the cost estimate in current dollars, or by using an inflation
factor derived from the most recent Implicit Price Deflator for Gross National
Product published by the U.S. Department of Commerce in its Survey of Current
Business, as specified in paragraphs (b)(1) and (2) of this section. The
inflation factor is the result of dividing the latest published annual Deflator
by the Deflator for the previous year.
(1) The
first adjustment is made by multiplying the cost estimate by the inflation
factor. The result is the adjusted cost estimate.
(2) Subsequent adjustments are made by
multiplying the latest adjusted cost estimate by the latest inflation
factor.
(c) During the
active life of the facility, the owner or operator must revise the cost
estimate no later than 30 days after a change in a facility's operating plan or
design that would increase the costs of conducting the activities described in
paragraph (a) or no later than 60 days after an unexpected event which
increases the cost of conducting the activities described in paragraph (a) of
this section. The revised cost estimate must be adjusted for inflation as
specified in paragraph (b) of this section.
(d) The owner or operator must keep the
following at the facility during the operating life of the facility: The latest
cost estimate prepared in accordance with paragraphs (a) and (c) and, when this
estimate has been adjusted in accordance with paragraph (b), the latest
adjusted cost estimate.
§
261.143
Financial assurance
Per §261.4(a)(24)(vi)(F) of this rule, an owner or operator of a reclamation or intermediate facility must have financial assurance as a condition of the exclusion as required under §261.4(a)(24) of this rule. He must choose from the options as specified in paragraphs (a) through (e) of this rule.
(a) Trust
fund.
(1) An owner or operator may satisfy
the requirements of this section by establishing a trust fund which conforms to
the requirements of this paragraph and submitting an originally signed
duplicate of the trust agreement to the Director. The trustee must be an entity
which has the authority to act as a trustee and whose trust operations are
regulated and examined by a Federal or State agency.
(2) The wording of the trust agreement must
be identical to the wording specified in §264.151(a)(1), and the trust
agreement must be accompanied by a formal certification of acknowledgment (for
example, see §264.151(a)(2)). Schedule A of the trust agreement must be
updated within 60 days after a change in the amount of the current cost
estimate covered by the agreement.
(3) The trust fund must be funded for the
full amount of the current cost estimate before it may be relied upon to
satisfy the requirements of this section.
(4) Whenever the current cost estimate
changes, the owner or operator must compare the new estimate with the trustee's
most recent annual valuation of the trust fund. If the value of the fund is
less than the amount of the new estimate, the owner or operator, within 60 days
after the change in the cost estimate, must either deposit an amount into the
fund so that its value after this deposit at least equals the amount of the
current cost estimate, or obtain other financial assurance as specified in this
section to cover the difference.
(5) If the value of the trust fund is greater
than the total amount of the current cost estimate, the owner or operator may
submit a written request to the Director for release of the amount in excess of
the current cost estimate.
(6) If
an owner or operator substitutes other financial assurance as specified in this
section for all or part of the trust fund, he may submit a written request to
the Director for release of the amount in excess of the current cost estimate
covered by the trust fund.
(7)
Within 60 days after receiving a request from the owner or operator for release
of funds as specified in paragraph (a) (5) or (6) of this section, the Director
will instruct the trustee to release to the owner or operator such funds as the
Director specifies in writing. If the owner or operator begins final closure
under Subsection G of APC&EC Section 264 or 265, an owner or operator may
request reimbursements for partial or final closure expenditures by submitting
itemized bills to the Director. The owner or operator may request
reimbursements for partial closure only if sufficient funds are remaining in
the trust fund to cover the maximum costs of closing the facility over its
remaining operating life. No later than 60 days after receiving bills for
partial or final closure activities, the Director will instruct the trustee to
make reimbursements in those amounts as the Director specifies in writing, if
the Director determines that the partial or final closure expenditures are in
accordance with the approved closure plan, or otherwise justified. If the
Director has reason to believe that the maximum cost of closure over the
remaining life of the facility will be significantly greater than the value of
the trust fund, he may withhold reimbursements of such amounts as he deems
prudent until he determines, in accordance with §265.143(i) that the owner
or operator is no longer required to maintain financial assurance for final
closure of the facility. If the Director does not instruct the trustee to make
such reimbursements, he will provide to the owner or operator a detailed
written statement of reasons.
(8)
The Director will agree to termination of the trust when:
(i) An owner or operator substitutes
alternate financial assurance as specified in this section; or
(ii) The Director releases the owner or
operator from the requirements of this section in accordance with paragraph (i)
of this section.
(b) Surety bond guaranteeing payment into a
trust fund.
(1) An owner or operator may
satisfy the requirements of this section by obtaining a surety bond which
conforms to the requirements of this paragraph and submitting the bond to the
Director. The surety company issuing the bond must, at a minimum, be among
those listed as acceptable sureties on Federal bonds in Circular 570 of the
U.S. Department of the Treasury.
(2) The wording of the surety bond must be
identical to the wording specified in §264.151(b).
(3) The owner or operator who uses a surety
bond to satisfy the requirements of this section must also establish a standby
trust fund. Under the terms of the bond, all payments made thereunder will be
deposited by the surety directly into the standby trust fund in accordance with
instructions from the Director. This standby trust fund must meet the
requirements specified in paragraph (a) of this section, except that:
(i) An originally signed duplicate of the
trust agreement must be submitted to the Director with the surety bond;
and
(ii) Until the standby trust
fund is funded pursuant to the requirements of this section, the following are
not required by these rules:
(A) Payments into
the trust fund as specified in paragraph (a) of this section;
(B) Updating of Schedule A of the trust
agreement (see §264.151(a)) to show current cost estimates;
(C) Annual valuations as required by the
trust agreement; and
(D) Notices of
nonpayment as required by the trust agreement.
(4) The bond must guarantee that the owner or
operator will:
(i) Fund the standby trust fund
in an amount equal to the penal sum of the bond before loss of the exclusion
under §261.4(a)(24) of this rule or
(ii) Fund the standby trust fund in an amount
equal to the penal sum within 15 days after an administrative order to begin
closure issued by the Director becomes final, or within 15 days after an order
to begin closure is issued by a U.S. district court or other court of competent
jurisdiction; or
(iii) Provide
alternate financial assurance as specified in this section, and obtain the
Director's written approval of the assurance provided, within 90 days after
receipt by both the owner or operator and the Director of a notice of
cancellation of the bond from the surety.
(5) Under the terms of the bond, the surety
will become liable on the bond obligation when the owner or operator fails to
perform as guaranteed by the bond.
(6) The penal sum of the bond must be in an
amount at least equal to the current cost estimate, except as provided in
paragraph (f) of this section.
(7)
Whenever the current cost estimate increases to an amount greater than the
penal sum, the owner or operator, within 60 days after the increase, must
either cause the penal sum to be increased to an amount at least equal to the
current cost estimate and submit evidence of such increase to the Director, or
obtain other financial assurance as specified in this section to cover the
increase. Whenever the current cost estimate decreases, the penal sum may be
reduced to the amount of the current cost estimate following written approval
by the Director.
(8) Under the
terms of the bond, the surety may cancel the bond by sending notice of
cancellation by certified mail to the owner or operator and to the Director.
Cancellation may not occur, however, during the 120 days beginning on the date
of receipt of the notice of cancellation by both the owner or operator and the
Director, as evidenced by the return receipts.
(9) The owner or operator may cancel the bond
if the Director has given prior written consent based on his receipt of
evidence of alternate financial assurance as specified in this
section.
(c) Letter of
credit.
(1) An owner or operator may satisfy
the requirements of this section by obtaining an irrevocable standby letter of
credit which conforms to the requirements of this paragraph and submitting the
letter to the Director. The issuing institution must be an entity which has the
authority to issue letters of credit and whose letter-of-credit operations are
regulated and examined by a Federal or State agency.
(2) The wording of the letter of credit must
be identical to the wording specified in §264.151(c).
(3) An owner or operator who uses a letter of
credit to satisfy the requirements of this section must also establish a
standby trust fund. Under the terms of the letter of credit, all amounts paid
pursuant to a draft by the Director will be deposited by the issuing
institution directly into the standby trust fund in accordance with
instructions from the Director. This standby trust fund must meet the
requirements of the trust fund specified in paragraph (a) of this section,
except that:
(i) An originally signed
duplicate of the trust agreement must be submitted to the Director with the
letter of credit; and
(ii) Unless
the standby trust fund is funded pursuant to the requirements of this section,
the following are not required by these rules:
(A) Payments into the trust fund as specified
in paragraph (a) of this section;
(B) Updating of Schedule A of the trust
agreement (see §264.151(a)) to show current cost estimates;
(C) Annual valuations as required by the
trust agreement; and
(D) Notices of
nonpayment as required by the trust agreement.
(4) The letter of credit must be accompanied
by a letter from the owner or operator referring to the letter of credit by
number, issuing institution, and date, and providing the following information:
The EPA Identification Number (if any issued), name, and address of the
facility, and the amount of funds assured for the facility by the letter of
credit.
(5) The letter of credit
must be irrevocable and issued for a period of at least 1 year. The letter of
credit must provide that the expiration date will be automatically extended for
a period of at least 1 year unless, at least 120 days before the current
expiration date, the issuing institution notifies both the owner or operator
and the Director by certified mail of a decision not to extend the expiration
date. Under the terms of the letter of credit, the 120 days will begin on the
date when both the owner or operator and the Director have received the notice,
as evidenced by the return receipts.
(6) The letter of credit must be issued in an
amount at least equal to the current cost estimate, except as provided in
paragraph (f) of this section.
(7)
Whenever the current cost estimate increases to an amount greater than the
amount of the credit, the owner or operator, within 60 days after the increase,
must either cause the amount of the credit to be increased so that it at least
equals the current cost estimate and submit evidence of such increase to the
Director, or obtain other financial assurance as specified in this section to
cover the increase. Whenever the current cost estimate decreases, the amount of
the credit may be reduced to the amount of the current cost estimate following
written approval by the Director.
(8) Following a determination by the Director
that the hazardous secondary materials do not meet the conditions of the
exclusion under §261.4(a)(24), the Director may draw on the letter of
credit.
(9) If the owner or
operator does not establish alternate financial assurance as specified in this
section and obtain written approval of such alternate assurance from the
Director within 90 days after receipt by both the owner or operator and the
Director of a notice from the issuing institution that it has decided not to
extend the letter of credit beyond the current expiration date, the Director
will draw on the letter of credit. The Director may delay the drawing if the
issuing institution grants an extension of the term of the credit. During the
last 30 days of any such extension the Director will draw on the letter of
credit if the owner or operator has failed to provide alternate financial
assurance as specified in this section and obtain written approval of such
assurance from the Director.
(10)
The Director will return the letter of credit to the issuing institution for
termination when:
(i) An owner or operator
substitutes alternate financial assurance as specified in this section;
or
(ii) The Director releases the
owner or operator from the requirements of this section in accordance with
paragraph (i) of this section.
(d) Insurance.
(1) An owner or operator may satisfy the
requirements of this section by obtaining insurance which conforms to the
requirements of this paragraph and submitting a certificate of such insurance
to the Director At a minimum, the insurer must be licensed to transact the
business of insurance, or eligible to provide insurance as an excess or surplus
lines insurer, in one or more States.
(2) The wording of the certificate of
insurance must be identical to the wording specified in
§264.151(d).
(3) The insurance
policy must be issued for a face amount at least equal to the current cost
estimate, except as provided in paragraph (f) of this section. The term "face
amount" means the total amount the insurer is obligated to pay under the
policy. Actual payments by the insurer will not change the face amount,
although the insurer's future liability will be lowered by the amount of the
payments.
(4) The insurance policy
must guarantee that funds will be available whenever needed to pay the cost of
removal of all hazardous secondary materials from the unit, to pay the cost of
decontamination of the unit, to pay the costs of the performance of activities
required under Subsection G of APC&EC Rule No. 23 Sections 264 or 265, as
applicable, for the facilities covered by this policy. The policy must also
guarantee that once funds are needed, the insurer will be responsible for
paying out funds, up to an amount equal to the face amount of the policy, upon
the direction of the Director, to such party or parties as the Director
specifies.
(5) After beginning
partial or final closure under APC&EC Rule No. 23 Sections 264 or 265, as
applicable, an owner or operator or any other authorized person may request
reimbursements for closure expenditures by submitting itemized bills to the
Director. The owner or operator may request reimbursements only if the
remaining value of the policy is sufficient to cover the maximum costs of
closing the facility over its remaining operating life. Within 60 days after
receiving bills for closure activities, the Director will instruct the insurer
to make reimbursements in such amounts as the Director specifies in writing if
the Director determines that the expenditures are in accordance with the
approved plan or otherwise justified. If the Director has reason to believe
that the maximum cost over the remaining life of the facility will be
significantly greater than the face amount of the policy, he may withhold
reimbursement of such amounts as he deems prudent until he determines, in
accordance with paragraph (h) of this section, that the owner or operator is no
longer required to maintain financial assurance for the particular facility. If
the Director does not instruct the insurer to make such reimbursements, he will
provide to the owner or operator a detailed written statement of
reasons.
(6) The owner or operator
must maintain the policy in full force and effect until the Director consents
to termination of the policy by the owner or operator as specified in paragraph
(i)(10) of this section. Failure to pay the premium, without substitution of
alternate financial assurance as specified in this section, will constitute a
significant violation of these rule warranting such remedy as the Director
deems necessary. Such violation will be deemed to begin upon receipt by the
Director of a notice of future cancellation, termination, or failure to renew
due to nonpayment of the premium, rather than upon the date of
expiration.
(7) Each policy must
contain a provision allowing assignment of the policy to a successor owner or
operator. Such assignment may be conditional upon consent of the insurer,
provided such consent is not unreasonably refused.
(8) The policy must provide that the insurer
may not cancel, terminate, or fail to renew the policy except for failure to
pay the premium. The automatic renewal of the policy must, at a minimum,
provide the insured with the option of renewal at the face amount of the
expiring policy. If there is a failure to pay the premium, the insurer may
elect to cancel, terminate, or fail to renew the policy by sending notice by
certified mail to the owner or operator and the Director. Cancellation,
termination, or failure to renew may not occur, however, during the 120 days
beginning with the date of receipt of the notice by both the Director and the
owner or operator, as evidenced by the return receipts. Cancellation,
termination, or failure to renew may not occur and the policy will remain in
full force and effect in the event that on or before the date of expiration:
(i) The Director deems the facility
abandoned; or
(ii) Conditional
exclusion or interim status is lost, terminated, or revoked; or
(iii) Closure is ordered by the Director or a
U.S. district court or other court of competent jurisdiction; or
(iv) The owner or operator is named as debtor
in a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S.
Code; or
(v) The premium due is
paid.
(9) Whenever the
current cost estimate increases to an amount greater than the face amount of
the policy, the owner or operator, within 60 days after the increase, must
either cause the face amount to be increased to an amount at least equal to the
current cost estimate and submit evidence of such increase to the Director, or
obtain other financial assurance as specified in this section to cover the
increase. Whenever the current cost estimate decreases, the face amount may be
reduced to the amount of the current cost estimate following written approval
by the Director.
(10) The Director
will give written consent to the owner or operator that he may terminate the
insurance policy when:
(i) An owner or
operator substitutes alternate financial assurance as specified in this
section; or
(ii) The Director
releases the owner or operator from the requirements of this section in
accordance with paragraph (i) of this section.
(e) Financial test and corporate guarantee.
(1) An owner or operator may satisfy the
requirements of this section by demonstrating that he passes a financial test
as specified in this paragraph. To pass this test the owner or operator must
meet the criteria of either paragraph (e)(1) (i) or (ii) of this section:
(i) The owner or operator must have:
(A) Two of the following three ratios: A
ratio of total liabilities to net worth less than 2.0; a ratio of the sum of
net income plus depreciation, depletion, and amortization to total liabilities
greater than 0.1; and a ratio of current assets to current liabilities greater
than 1.5; and
(B) Net working
capital and tangible net worth each at least six times the sum of the current
cost estimates and the current plugging and abandonment cost estimates;
and
(C) Tangible net worth of at
least $10 million; and
(D) Assets
located in the United States amounting to at least 90 percent of total assets
or at least six times the sum of the current cost estimates and the current
plugging and abandonment cost estimates.
(ii) The owner or operator must have:
(A) A current rating for his most recent bond
issuance of AAA, AA, A, or BBB as issued by Standard and Poor's or Aaa, Aa, A,
or Baa as issued by Moody's; and
(B) Tangible net worth at least six times the
sum of the current cost estimates and the current plugging and abandonment cost
estimates; and
(C) Tangible net
worth of at least $10 million; and
(D) Assets located in the United States
amounting to at least 90 percent of total assets or at least six times the sum
of the current cost estimates and the current plugging and abandonment cost
estimates.
(2)
The phrase "current cost estimates" as used in paragraph (e)(1) of this section
refers to the cost estimates required to be shown in paragraphs 1-4 of the
letter from the owner's or operator's chief financial officer
(§264.151(e)). The phrase "current plugging and abandonment cost
estimates" as used in paragraph (e)(1) of this section refers to the cost
estimates required to be shown in paragraphs 1-4 of the letter from the owner's
or operator's chief financial officer (40 CFR §
144.70(f)).
(3) To demonstrate that he meets this test,
the owner or operator must submit the following items to the Director:
(i) A letter signed by the owner's or
operator's chief financial officer and worded as specified in §264.151(e);
and
(ii) A copy of the independent
certified public accountant's report on examination of the owner's or
operator's financial statements for the latest completed fiscal year;
and
(iii) If the chief financial
officer's letter providing evidence of financial assurance includes financial
data showing that the owner or operator satisfies paragraph (e)(1)(i) of this
section that are different from the data in the audited financial statements
referred to in paragraph (e)(3)(ii)of this section or any other audited
financial statement or data filed with the SEC, then a special report from the
owner's or operator's independent certified public accountant to the owner or
operator is required. The special report shall be based upon an agreed upon
procedures engagement in accordance with professional auditing standards and
shall describe the procedures performed in comparing the data in the chief
financial officer's letter derived from the independently audited, year-end
financial statements for the latest fiscal year with the amounts in such
financial statements, the findings of the comparison, and the reasons for any
differences.
(4) The
owner or operator may obtain an extension of the time allowed for submission of
the documents specified in paragraph (e)(3) of this section if the fiscal year
of the owner or operator ends during the 90 days prior to the effective date of
these rules and if the year-end financial statements for that fiscal year will
be audited by an independent certified public accountant. The extension will
end no later than 90 days after the end of the owner's or operator's fiscal
year. To obtain the extension, the owner's or operator's chief financial
officer must send, by the effective date of these rules, a letter to the
Director. This letter from the chief financial officer must:
(i) Request the extension;
(ii) Certify that he has grounds to believe
that the owner or operator meets the criteria of the financial test;
(iii) Specify for each facility to be covered
by the test the EPA Identification Number (if any issued), name, address, and
current cost estimates to be covered by the test;
(iv) Specify the date ending the owner's or
operator's last complete fiscal year before the effective date of these rules
in this subpart;
(v) Specify the
date, no later than 90 days after the end of such fiscal year, when he will
submit the documents specified in paragraph (e)(3) of this section;
and
(vi) Certify that the year-end
financial statements of the owner or operator for such fiscal year will be
audited by an independent certified public accountant.
(5) After the initial submission of items
specified in paragraph (e)(3) of this section, the owner or operator must send
updated information to the Director within 90 days after the close of each
succeeding fiscal year. This information must consist of all three items
specified in paragraph (e)(3) of this section.
(6) If the owner or operator no longer meets
the requirements of paragraph (e)(1) of this section, he must send notice to
the Director of intent to establish alternate financial assurance as specified
in this section. The notice must be sent by certified mail within 90 days after
the end of the fiscal year for which the year-end financial data show that the
owner or operator no longer meets the requirements. The owner or operator must
provide the alternate financial assurance within 120 days after the end of such
fiscal year.
(7) The Director may,
based on a reasonable belief that the owner or operator may no longer meet the
requirements of paragraph (e)(1) of this section, require reports of financial
condition at any time from the owner or operator in addition to those specified
in paragraph (e)(3) of this section. If the Director finds, on the basis of
such reports or other information, that the owner or operator no longer meets
the requirements of paragraph (e)(1) of this section, the owner or operator
must provide alternate financial assurance as specified in this section within
30 days after notification of such a finding.
(8) The Director may disallow use of this
test on the basis of qualifications in the opinion expressed by the independent
certified public accountant in his report on examination of the owner's or
operator's financial statements (see paragraph (e)(3)(ii) of this section). An
adverse opinion or a disclaimer of opinion will be cause for disallowance. The
Director will evaluate other qualifications on an individual basis. The owner
or operator must provide alternate financial assurance as specified in this
section within 30 days after notification of the disallowance.
(9) The owner or operator is no longer
required to submit the items specified in paragraph (e)(3) of this section
when:
(i) An owner or operator substitutes
alternate financial assurance as specified in this section; or
(ii) The Director releases the owner or
operator from the requirements of this section in accordance with paragraph (i)
of this section.
(10) An
owner or operator may meet the requirements of this section by obtaining a
written guarantee. The guarantor must be the direct or higher-tier parent
corporation of the owner or operator, a firm whose parent corporation is also
the parent corporation of the owner or operator, or a firm with a "substantial
business relationship" with the owner or operator. The guarantor must meet the
requirements for owners or operators in paragraphs (e)(1) through (8) of this
section and must comply with the terms of the guarantee. The wording of the
guarantee must be identical to the wording specified in §264.151(g)(1). A
certified copy of the guarantee must accompany the items sent to the Director
as specified in paragraph (e)(3) of this section. One of these items must be
the letter from the guarantor's chief financial officer. If the guarantor's
parent corporation is also the parent corporation of the owner or operator, the
letter must describe the value received in consideration of the guarantee. If
the guarantor is a firm with a "substantial business relationship" with the
owner or operator, this letter must describe this "substantial business
relationship" and the value received in consideration of the guarantee. The
terms of the guarantee must provide that:
(i)
Following a determination by the Director that the hazardous secondary
materials at the owner or operator's facility covered by this guarantee do not
meet the conditions of the exclusion under §261.4(a)(24) of this rule, the
guarantor will dispose of any hazardous secondary material as hazardous waste
and close the facility in accordance with closure requirements found in
Sections 264 or 265 of this rule, as applicable, or establish a trust fund as
specified in paragraph (a) of this section in the name of the owner or operator
in the amount of the current cost estimate.
(ii) The corporate guarantee will remain in
force unless the guarantor sends notice of cancellation by certified mail to
the owner or operator and to the Director. Cancellation may not occur, however,
during the 120 days beginning on the date of receipt of the notice of
cancellation by both the owner or operator and the Director, as evidenced by
the return receipts.
(iii) If the
owner or operator fails to provide alternate financial assurance as specified
in this section and obtain the written approval of such alternate assurance
from the Director within 90 days after receipt by both the owner or operator
and the Director of a notice of cancellation of the corporate guarantee from
the guarantor, the guarantor will provide such alternate financial assurance in
the name of the owner or operator.
(f) Use of multiple financial mechanisms. An
owner or operator may satisfy the requirements of this section by establishing
more than one financial mechanism per facility. These mechanisms are limited to
trust funds, surety bonds, letters of credit, and insurance. The mechanisms
must be as specified in paragraphs (a) through (d) of this section,
respectively, of this section, except that it is the combination of mechanisms,
rather than the single mechanism, which must provide financial assurance for an
amount at least equal to the current cost estimate. If an owner or operator
uses a trust fund in combination with a surety bond or a letter of credit, he
may use the trust fund as the standby trust fund for the other mechanisms. A
single standby trust fund may be established for two or more mechanisms. The
Director may use any or all of the mechanisms to provide for the
facility.
(g) Use of a financial
mechanism for multiple facilities. An owner or operator may use a financial
assurance mechanism specified in this section to meet the requirements of this
section for more than one facility. Evidence of financial assurance submitted
to the Director must include a list showing, for each facility, the EPA
Identification Number (if any issued), name, address, and the amount of funds
assured by the mechanism. The amount of funds available through the mechanism
must be no less than the sum of funds that would be available if a separate
mechanism had been established and maintained for each facility. In directing
funds available through the mechanism for any of the facilities covered by the
mechanism, the Director may direct only the amount of funds designated for that
facility, unless the owner or operator agrees to the use of additional funds
available under the mechanism.
(h)
Removal and Decontamination Plan for Release (1) An owner or operator of a
reclamation facility or an intermediate facility who wishes to be released from
his financial assurance obligations under §261.4(a)(24)(vi)(F) of this
rule must submit a plan for removing all hazardous secondary material residues
to the Director at least 180 days prior to the date on which he expects to
cease to operate under the exclusion.
(2) The
plan must include, at least:
(A) For each
hazardous secondary materials storage unit subject to financial assurance
requirements under §261.4(a)(24)(vi)(F), a description of how all excluded
hazardous secondary materials will be recycled or sent for recycling, and how
all residues, contaminated containment systems (liners, etc), contaminated
soils, subsoils, structures, and equipment will be removed or decontaminated as
necessary to protect human health and the environment, and
(B) A detailed description of the steps
necessary to remove or decontaminate all hazardous secondary material residues
and contaminated containment system components, equipment, structures, and
soils including, but not limited to, procedures for cleaning equipment and
removing contaminated soils, methods for sampling and testing surrounding
soils, and criteria for determining the extent of decontamination necessary to
protect human health and the environment; and
(C) A detailed description of any other
activities necessary to protect human health and the environment during this
timeframe, including, but not limited to, leachate collection, run-on and
run-off control, etc; and
(D) A
schedule for conducting the activities described which, at a minimum, includes
the total time required to remove all excluded hazardous secondary materials
for recycling and decontaminate all units subject to financial assurance under
§261.4(a)(24)(vi)(F) and the time required for intervening activities
which will allow tracking of the progress of
decontamination.
(3) The
Director will provide the owner or operator and the public, through a newspaper
notice, the opportunity to submit written comments on the plan and request
modifications to the plan no later than 30 days from the date of the notice. He
will also, in response to a request or at his discretion, hold a public hearing
whenever such a hearing might clarify one or more issues concerning the plan.
The Director will give public notice of the hearing at least 30 days before it
occurs. (Public notice of the hearing may be given at the same time as notice
of the opportunity for the public to submit written comments, and the two
notices may be combined.) The Director will approve, modify, or disapprove the
plan within 90 days of its receipt. If the Director does not approve the plan,
he shall provide the owner or operator with a detailed written statement of
reasons for the refusal and the owner or operator must modify the plan or
submit a new plan for approval within 30 days after receiving such written
statement. The Director will approve or modify this plan in writing within 60
days. If the Director modifies the plan, this modified plan becomes the
approved plan. The Director must assure that the approved plan is consistent
with paragraph (h) of this section. A copy of the modified plan with a detailed
statement of reasons for the modifications must be mailed to the owner or
operator.
(4) Within 60 days of
completion of the activities described for each hazardous secondary materials
management unit, the owner or operator must submit to the Director, by
registered mail, a certification that all hazardous secondary materials have
been removed from the unit and the unit has been decontaminated in accordance
with the specifications in the approved plan. The certification must be signed
by the owner or operator and by an independent qualified Arkansas-registered
Professional Engineer. Documentation supporting the Professional Engineer's
certification must be furnished to the Director, upon request, until he
releases the owner or operator from the financial assurance requirements for
§261.4(a)(24)(vi)(F).
(i) Release of the owner or operator from the
requirements of this section. Within 60 days after receiving certifications
from the owner or operator and an independent qualified Arkansas-registered
Professional Engineer that all hazardous secondary materials have been removed
from the facility or a unit at the facility and the facility or a unit has been
decontaminated in accordance with the approved plan per paragraph (h), the
Director will notify the owner or operator in writing that he is no longer
required under §261.4(a)(24)(vi)(F) to maintain financial assurance for
that facility or a unit at the facility, unless the Director has reason to
believe that all hazardous secondary materials have not been removed from the
facility or unit at a facility or that the facility or unit has not been
decontaminated in accordance with the approved plan. The Director shall provide
the owner or operator a detailed written statement of any such reason to
believe that all hazardous secondary materials have not been removed from the
unit or that the unit has not been decontaminated in accordance with the
approved plan.
§ 261.144 -
261.146
[Reserved]
§ 261.147
Liability
requirements
(a) Coverage for sudden
accidental occurrences. An owner or operator of a hazardous secondary material
reclamation facility or an intermediate facility subject to financial assurance
requirements under §261.4(a)(24)(vi)(F) of this rule, or a group of such
facilities, must demonstrate financial responsibility for bodily injury and
property damage to third parties caused by sudden accidental occurrences
arising from operations of the facility or group of facilities. The owner or
operator must have and maintain liability coverage for sudden accidental
occurrences in the amount of at least $1 million per occurrence with an annual
aggregate of at least $2 million, exclusive of legal defense costs. This
liability coverage may be demonstrated as specified in paragraphs (a) (1), (2),
(3), (4), (5), or (6) of this section:
(1) An
owner or operator may demonstrate the required liability coverage by having
liability insurance as specified in this paragraph.
(i) Each insurance policy must be amended by
attachment of the Hazardous Secondary Material Facility Liability Endorsement,
or evidenced by a Certificate of Liability Insurance. The wording of the
endorsement must be identical to the wording specified in §264.151(h). The
wording of the certificate of insurance must be identical to the wording
specified in §264.151(i). The owner or operator must submit a signed
duplicate original of the endorsement or the certificate of insurance to the
Director. If requested by the Director, the owner or operator must provide a
signed duplicate original of the insurance policy.
(ii) Each insurance policy must be issued by
an insurer which, at a minimum, is licensed to transact the business of
insurance, or eligible to provide insurance as an excess or surplus lines
insurer, in one or more States.
(2) An owner or operator may meet the
requirements of this section by passing a financial test or using the guarantee
for liability coverage as specified in paragraphs (f) and (g) of this
section.
(3) An owner or operator
may meet the requirements of this section by obtaining a letter of credit for
liability coverage as specified in paragraph (h) of this section.
(4) An owner or operator may meet the
requirements of this section by obtaining a surety bond for liability coverage
as specified in paragraph (i) of this section.
(5) An owner or operator may meet the
requirements of this section by obtaining a trust fund for liability coverage
as specified in paragraph (j) of this section.
(6) An owner or operator may demonstrate the
required liability coverage through the use of combinations of insurance,
financial test, guarantee, letter of credit, surety bond, and trust fund,
except that the owner or operator may not combine a financial test covering
part of the liability coverage requirement with a guarantee unless the
financial statement of the owner or operator is not consolidated with the
financial statement of the guarantor. The amounts of coverage demonstrated must
total at least the minimum amounts required by this section. If the owner or
operator demonstrates the required coverage through the use of a combination of
financial assurances under this paragraph, the owner or operator shall specify
at least one such assurance as "primary" coverage and shall specify other
assurance as "excess" coverage.
(7)
An owner or operator shall notify the Director in writing within 30 days
whenever:
(i) A claim results in a reduction
in the amount of financial assurance for liability coverage provided by a
financial instrument authorized in paragraphs (a)(1) through (a)(6) of this
section; or
(ii) A Certification of
Valid Claim for bodily injury or property damages caused by a sudden or
non-sudden accidental occurrence arising from the operation of a hazardous
secondary material reclamation facility or intermediate facility is entered
between the owner or operator and third-party claimant for liability coverage
under paragraphs (a)(1) through (a)(6) of this section; or
(iii) A final court order establishing a
judgment for bodily injury or property damage caused by a sudden or non-sudden
accidental occurrence arising from the operation of a hazardous secondary
material reclamation facility or intermediate facility is issued against the
owner or operator or an instrument that is providing financial assurance for
liability coverage under paragraphs (a)(1) through (a)(6) of this
section.
(b)
Coverage for nonsudden accidental occurrences. An owner or operator of a
hazardous secondary material reclamation facility or intermediate facility with
land-based units, as defined in §260.10 of this rule, which are used to
manage hazardous secondary materials excluded under §261.4(a)(24) of this
rule or a group of such facilities, must demonstrate financial responsibility
for bodily injury and property damage to third parties caused by nonsudden
accidental occurrences arising from operations of the facility or group of
facilities. The owner or operator must have and maintain liability coverage for
nonsudden accidental occurrences in the amount of at least $3 million per
occurrence with an annual aggregate of at least $6 million, exclusive of legal
defense costs. An owner or operator who must meet the requirements of this
section may combine the required per-occurrence coverage levels for sudden and
nonsudden accidental occurrences into a single per-occurrence level, and
combine the required annual aggregate coverage levels for sudden and nonsudden
accidental occurrences into a single annual aggregate level. Owners or
operators who combine coverage levels for sudden and nonsudden accidental
occurrences must maintain liability coverage in the amount of at least $4
million per occurrence and $8 million annual aggregate. This liability coverage
may be demonstrated as specified in paragraph (b)(1), (2), (3), (4), (5), or
(6) of this section:
(1) An owner or operator
may demonstrate the required liability coverage by having liability insurance
as specified in this paragraph.
(i) Each
insurance policy must be amended by attachment of the Hazardous Secondary
Material Facility Liability Endorsement or evidenced by a Certificate of
Liability Insurance. The wording of the endorsement must be identical to the
wording specified in §264.151(h). The wording of the certificate of
insurance must be identical to the wording specified in §264.151(i). The
owner or operator must submit a signed duplicate original of the endorsement or
the certificate of insurance to the Director. If requested by the Director, the
owner or operator must provide a signed duplicate original of the insurance
policy.
(ii) Each insurance policy
must be issued by an insurer which, at a minimum, is licensed to transact the
business of insurance, or eligible to provide insurance as an excess or surplus
lines insurer, in one or more States.
(2) An owner or operator may meet the
requirements of this section by passing a financial test or using the guarantee
for liability coverage as specified in paragraphs (f) and (g) of this
section.
(3) An owner or operator
may meet the requirements of this section by obtaining a letter of credit for
liability coverage as specified in paragraph (h) of this section.
(4) An owner or operator may meet the
requirements of this section by obtaining a surety bond for liability coverage
as specified in paragraph (i) of this section.
(5) An owner or operator may meet the
requirements of this section by obtaining a trust fund for liability coverage
as specified in paragraph (j) of this section.
(6) An owner or operator may demonstrate the
required liability coverage through the use of combinations of insurance,
financial test, guarantee, letter of credit, surety bond, and trust fund,
except that the owner or operator may not combine a financial test covering
part of the liability coverage requirement with a guarantee unless the
financial statement of the owner or operator is not consolidated with the
financial statement of the guarantor. The amounts of coverage demonstrated must
total at least the minimum amounts required by this section. If the owner or
operator demonstrates the required coverage through the use of a combination of
financial assurances under this paragraph, the owner or operator shall specify
at least one such assurance as "primary" coverage and shall specify other
assurance as "excess" coverage.
(7)
An owner or operator shall notify the Director in writing within 30 days
whenever:
(i) A claim results in a reduction
in the amount of financial assurance for liability coverage provided by a
financial instrument authorized in paragraphs (b)(1) through (b)(6) of this
section; or
(ii) A Certification of
Valid Claim for bodily injury or property damages caused by a sudden or
non-sudden accidental occurrence arising from the operation of a hazardous
secondary material treatment and/or storage facility is entered between the
owner or operator and third-party claimant for liability coverage under
paragraphs (b)(1) through (b)(6) of this section; or
(iii) A final court order establishing a
judgment for bodily injury or property damage caused by a sudden or non-sudden
accidental occurrence arising from the operation of a hazardous secondary
material treatment and/or storage facility is issued against the owner or
operator or an instrument that is providing financial assurance for liability
coverage under paragraphs (b)(1) through (b)(6) of this section.
(c) Request for
variance. If an owner or operator can demonstrate to the satisfaction of the
Director that the levels of financial responsibility required by paragraph (a)
or (b) of this section are not consistent with the degree and duration of risk
associated with treatment and/or storage at the facility or group of
facilities, the owner or operator may obtain a variance from the Director. The
request for a variance must be submitted in writing to the Director. If
granted, the variance will take the form of an adjusted level of required
liability coverage, such level to be based on the Director's assessment of the
degree and duration of risk associated with the ownership or operation of the
facility or group of facilities. The Director may require an owner or operator
who requests a variance to provide such technical and engineering information
as is deemed necessary by the Director to determine a level of financial
responsibility other than that required by paragraph (a) or (b) of this
section.
(d) Adjustments by the
Director. If the Director determines that the levels of financial
responsibility required by paragraph (a) or (b) of this section are not
consistent with the degree and duration of risk associated with treatment
and/or storage at the facility or group of facilities, the Director may adjust
the level of financial responsibility required under paragraph (a) or (b) of
this section as may be necessary to protect human health and the environment.
This adjusted level will be based on the Director's assessment of the degree
and duration of risk associated with the ownership or operation of the facility
or group of facilities. In addition, if the Director determines that there is a
significant risk to human health and the environment from nonsudden accidental
occurrences resulting from the operations of a facility that is not a surface
impoundment, pile, or land treatment facility, he may require that an owner or
operator of the facility comply with paragraph (b) of this section. An owner or
operator must furnish to the Director, within a reasonable time, any
information which the Director requests to determine whether cause exists for
such adjustments of level or type of coverage.
(e) Period of coverage. Within 60 days after
receiving certifications from the owner or operator and a qualified
Professional Engineer that all hazardous secondary materials have been removed
from the facility or a unit at the facility and the facility or a unit has been
decontaminated in accordance with the approved plan per §261.143(h), the
Director will notify the owner or operator in writing that he is no longer
required under §261.4(a)(24)(vi)(F) to maintain liability coverage for
that facility or a unit at the facility, unless the Director has reason to
believe that that all hazardous secondary materials have not been removed from
the facility or unit at a facility or that the facility or unit has not been
decontaminated in accordance with the approved plan.
(f) Financial test for liability coverage.
(1) An owner or operator may satisfy the
requirements of this section by demonstrating that he passes a financial test
as specified in this paragraph. To pass this test the owner or operator must
meet the criteria of paragraph (f)(1) (i) or (ii) of this section:
(i) The owner or operator must have:
(A) Net working capital and tangible net
worth each at least six times the amount of liability coverage to be
demonstrated by this test; and
(B)
Tangible net worth of at least $10 million; and
(C) Assets in the United States amounting to
either:
(1) At least 90 percent of his total
assets; or
(2) at least six times
the amount of liability coverage to be demonstrated by this test.
(ii) The owner or
operator must have:
(A) A current rating for
his most recent bond issuance of AAA, AA, A, or BBB as issued by Standard and
Poor's, or Aaa, Aa, A, or Baa as issued by Moody's; and
(B) Tangible net worth of at least $10
million; and
(C) Tangible net worth
at least six times the amount of liability coverage to be demonstrated by this
test; and
(D) Assets in the United
States amounting to either:
(1) At least 90
percent of his total assets; or
(2)
at least six times the amount of liability coverage to be demonstrated by this
test.
(2) The phrase "amount of
liability coverage" as used in paragraph (f)(1) of this section refers to the
annual aggregate amounts for which coverage is required under paragraphs (a)
and (b) of this section and the annual aggregate amounts for which coverage is
required under paragraphs (a) and (b) of APC&EC Rule No. 23 264.147 and
265.147.
(3) To demonstrate that he
meets this test, the owner or operator must submit the following three items to
the Director:
(i) A letter signed by the
owner's or operator's chief financial officer and worded as specified in
§264.151(f). If an owner or operator is using the financial test to
demonstrate both assurance as specified by §261.143(e), and liability
coverage, he must submit the letter specified in §264.151(f) to cover both
forms of financial responsibility; a separate letter as specified in
§264.151(e) is not required.
(ii) A copy of the independent certified
public accountant's report on examination of the owner's or operator's
financial statements for the latest completed fiscal year.
(iii) If the chief financial officer's letter
providing evidence of financial assurance includes financial data showing that
the owner or operator satisfies paragraph (f)(1)(i) of this section that are
different from the data in the audited financial statements referred to in
paragraph (f)(3)(ii) of this section or any other audited financial statement
or data filed with the SEC, then a special report from the owner's or
operator's independent certified public accountant to the owner or operator is
required. The special report shall be based upon an agreed upon procedures
engagement in accordance with professional auditing standards and shall
describe the procedures performed in comparing the data in the chief financial
officer's letter derived from the independently audited, year-end financial
statements for the latest fiscal year with the amounts in such financial
statements, the findings of the comparison, and the reasons for any
difference.
(4) The owner
or operator may obtain a one-time extension of the time allowed for submission
of the documents specified in paragraph (f)(3) of this section if the fiscal
year of the owner or operator ends during the 90 days prior to the effective
date of these rules and if the year-end financial statements for that fiscal
year will be audited by an independent certified public accountant. The
extension will end no later than 90 days after the end of the owner's or
operator's fiscal year. To obtain the extension, the owner's or operator's
chief financial officer must send, by the effective date of these rules, a
letter to the Director of each Region in which the owner's or operator's
facilities to be covered by the financial test are located. This letter from
the chief financial officer must:
(i) Request
the extension;
(ii) Certify that he
has grounds to believe that the owner or operator meets the criteria of the
financial test;
(iii) Specify for
each facility to be covered by the test the EPA Identification Number, name,
address, the amount of liability coverage and, when applicable, current closure
and post-closure cost estimates to be covered by the test;
(iv) Specify the date ending the owner's or
operator's last complete fiscal year before the effective date of these
rules;
(v) Specify the date, no
later than 90 days after the end of such fiscal year, when he will submit the
documents specified in paragraph (f)(3) of this section; and
(vi) Certify that the year-end financial
statements of the owner or operator for such fiscal year will be audited by an
independent certified public accountant.
(5) After the initial submission of items
specified in paragraph (f)(3) of this section, the owner or operator must send
updated information to the Director within 90 days after the close of each
succeeding fiscal year. This information must consist of all three items
specified in paragraph (f)(3) of this section.
(6) If the owner or operator no longer meets
the requirements of paragraph (f)(1) of this section, he must obtain insurance,
a letter of credit, a surety bond, a trust fund, or a guarantee for the entire
amount of required liability coverage as specified in this section. Evidence of
liability coverage must be submitted to the Director within 90 days after the
end of the fiscal year for which the year-end financial data show that the
owner or operator no longer meets the test requirements.
(7) The Director may disallow use of this
test on the basis of qualifications in the opinion expressed by the independent
certified public accountant in his report on examination of the owner's or
operator's financial statements (see paragraph (f)(3)(ii) of this section). An
adverse opinion or a disclaimer of opinion will be cause for disallowance. The
Director will evaluate other qualifications on an individual basis. The owner
or operator must provide evidence of insurance for the entire amount of
required liability coverage as specified in this section within 30 days after
notification of disallowance.
(g) Guarantee for liability
coverage.
(1) Subject to paragraph (g)(2) of
this section, an owner or operator may meet the requirements of this section by
obtaining a written guarantee, hereinafter referred to as "guarantee." The
guarantor must be the direct or higher-tier parent corporation of the owner or
operator, a firm whose parent corporation is also the parent corporation of the
owner or operator, or a firm with a "substantial business relationship" with
the owner or operator. The guarantor must meet the requirements for owners or
operators in paragraphs (f)(1) through (f)(6) of this section. The wording of
the guarantee must be identical to the wording specified in
§264.151(g)(2). A certified copy of the guarantee must accompany the items
sent to the Director as specified in paragraph (f)(3) of this section. One of
these items must be the letter from the guarantor's chief financial officer. If
the guarantor's parent corporation is also the parent corporation of the owner
or operator, this letter must describe the value received in consideration of
the guarantee. If the guarantor is a firm with a "substantial business
relationship" with the owner or operator, this letter must describe this
"substantial business relationship" and the value received in consideration of
the guarantee.
(i) If the owner or operator
fails to satisfy a judgment based on a determination of liability for bodily
injury or property damage to third parties caused by sudden or nonsudden
accidental occurrences (or both as the case may be), arising from the operation
of facilities covered by this corporate guarantee, or fails to pay an amount
agreed to in settlement of claims arising from or alleged to arise from such
injury or damage, the guarantor will do so up to the limits of
coverage.
(ii) [Reserved]
(2)
(i) In the case of corporations incorporated
in the United States, a guarantee may be used to satisfy the requirements of
this section only if the Attorneys General or Insurance Commissioners of:
(A) The State in which the guarantor is
incorporated; and
(B) Each State in
which a facility covered by the guarantee is located have submitted a written
statement to EPA that a guarantee executed as described in this section and
§264.151(g)(2) is a legally valid and enforceable obligation in that
State.
(ii) In the case
of corporations incorporated outside the United States, a guarantee may be used
to satisfy the requirements of this section only if:
(A) The non-U.S. corporation has identified a
registered agent for service of process in each State in which a facility
covered by the guarantee is located and in the State in which it has its
principal place of business; and if
(B) The Attorney General or Insurance
Commissioner of each State in which a facility covered by the guarantee is
located and the State in which the guarantor corporation has its principal
place of business, has submitted a written statement to EPA that a guarantee
executed as described in this section and §264.151(h)(2) is a legally
valid and enforceable obligation in that State.
(h) Letter of credit for liability
coverage.
(1) An owner or operator may
satisfy the requirements of this section by obtaining an irrevocable standby
letter of credit that conforms to the requirements of this paragraph and
submitting a copy of the letter of credit to the Director.
(2) The financial institution issuing the
letter of credit must be an entity that has the authority to issue letters of
credit and whose letter of credit operations are regulated and examined by a
Federal or State agency.
(3) The
wording of the letter of credit must be identical to the wording specified in
§264.151(j).
(4) An owner or
operator who uses a letter of credit to satisfy the requirements of this
section may also establish a standby trust fund. Under the terms of such a
letter of credit, all amounts paid pursuant to a draft by the trustee of the
standby trust will be deposited by the issuing institution into the standby
trust in accordance with instructions from the trustee. The trustee of the
standby trust fund must be an entity which has the authority to act as a
trustee and whose trust operations are regulated and examined by a Federal or
State agency.
(5) The wording of
the standby trust fund must be identical to the wording specified in
§264.151(m).
(i)
Surety bond for liability coverage.
(1) An
owner or operator may satisfy the requirements of this section by obtaining a
surety bond that conforms to the requirements of this paragraph and submitting
a copy of the bond to the Director.
(2) The surety company issuing the bond must
be among those listed as acceptable sureties on Federal bonds in the most
recent Circular 570 of the U.S. Department of the Treasury.
(3) The wording of the surety bond must be
identical to the wording specified in §264.151(k) of this rule.
(4) A surety bond may be used to satisfy the
requirements of this section only if the Attorneys General or Insurance
Commissioners of:
(i) The State in which the
surety is incorporated; and
(ii)
Each State in which a facility covered by the surety bond is located have
submitted a written statement to EPA that a surety bond executed as described
in this section and §264.151(k) is a legally valid and enforceable
obligation in that State.
(j) Trust fund for liability coverage.
(1) An owner or operator may satisfy the
requirements of this section by establishing a trust fund that conforms to the
requirements of this paragraph and submitting an originally signed duplicate of
the trust agreement to the Director.
(2) The trustee must be an entity which has
the authority to act as a trustee and whose trust operations are regulated and
examined by a Federal or State agency.
(3) The trust fund for liability coverage
must be funded for the full amount of the liability coverage to be provided by
the trust fund before it may be relied upon to satisfy the requirements of this
section. If at any time after the trust fund is created the amount of funds in
the trust fund is reduced below the full amount of the liability coverage to be
provided, the owner or operator, by the anniversary date of the establishment
of the Fund, must either add sufficient funds to the trust fund to cause its
value to equal the full amount of liability coverage to be provided, or obtain
other financial assurance as specified in this section to cover the difference.
For purposes of this paragraph, "the full amount of the liability coverage to
be provided" means the amount of coverage for sudden and/or nonsudden
occurrences required to be provided by the owner or operator by this section,
less the amount of financial assurance for liability coverage that is being
provided by other financial assurance mechanisms being used to demonstrate
financial assurance by the owner or operator.
(4) The wording of the trust fund must be
identical to the wording specified in §264.151(l).
§ 261.148
Incapacity of
owners or operators, guarantors, or financial institutions
(a) An owner or operator must notify the
Director by certified mail of the commencement of a voluntary or involuntary
proceeding under Title 11 (Bankruptcy), U.S. Code, naming the owner or operator
as debtor, within 10 days after commencement of the proceeding. A guarantor of
a corporate guarantee as specified in §261.143(e) must make such a
notification if he is named as debtor, as required under the terms of the
corporate guarantee.
(b) An owner
or operator who fulfills the requirements of §261.143 or §261.147 by
obtaining a trust fund, surety bond, letter of credit, or insurance policy will
be deemed to be without the required financial assurance or liability coverage
in the event of bankruptcy of the trustee or issuing institution, or a
suspension or revocation of the authority of the trustee institution to act as
trustee or of the institution issuing the surety bond, letter of credit, or
insurance policy to issue such instruments. The owner or operator must
establish other financial assurance or liability coverage within 60 days after
such an event.
§
261.149
Use of State-required mechanisms
(a) For a reclamation or intermediate
facility located in a State where EPA is administering the requirements of this
subpart but where the State has rules that include requirements for financial
assurance of closure or liability coverage, an owner or operator may use
State-required financial mechanisms to meet the requirements of §261.143
or §261.147 if the Director determines that the State mechanisms are at
least equivalent to the financial mechanisms specified in this subsection. The
Director will evaluate the equivalency of the mechanisms principally in terms
of certainty of the availability of: Funds for the required closure activities
or liability coverage; and the amount of funds that will be made available. The
Director may also consider other factors as he deems appropriate. The owner or
operator must submit to the Director evidence of the establishment of the
mechanism together with a letter requesting that the State-required mechanism
be considered acceptable for meeting the requirements of this subsection. The
submission must include the following information: The facility's EPA
Identification Number (if available), name, and address, and the amount of
funds for closure or liability coverage assured by the mechanism. The Director
will notify the owner or operator of his determination regarding the
mechanism's acceptability in lieu of financial mechanisms specified in this
subsection. The Director may require the owner or operator to submit additional
information as is deemed necessary to make this determination. Pending this
determination, the owner or operator will be deemed to be in compliance with
the requirements of §261.143 or §261.147, as applicable.
(b) If a State-required mechanism is found
acceptable as specified in paragraph (a) of this section except for the amount
of funds available, the owner or operator may satisfy the requirements of this
subsection by increasing the funds available through the State-required
mechanism or using additional financial mechanisms as specified in this
subsection. The amount of funds available through the State and Federal
mechanisms must at least equal the amount required by this
subsection.
§ 261.150
State assumption of responsibility
(a) If a State either assumes legal
responsibility for an owner's or operator's compliance with the closure or
liability requirements of this Section or assures that funds will be available
from State sources to cover those requirements, the owner or operator will be
in compliance with the requirements of §261.143 or §261.147 if the
Director determines that the State's assumption of responsibility is at least
equivalent to the financial mechanisms specified in this subpart. The Director
will evaluate the equivalency of State guarantees principally in terms of:
Certainty of the availability of funds for the required closure activities or
liability coverage; and the amount of funds that will be made available. The
Director may also consider other factors as he deems appropriate. The owner or
operator must submit to the Director a letter from the State describing the
nature of the State's assumption of responsibility together with a letter from
the owner or operator requesting that the State's assumption of responsibility
be considered acceptable for meeting the requirements of this subsection. The
letter from the State must include, or have attached to it, the following
information: The facility's EPA Identification Number (if available), name, and
address, and the amount of funds for closure or liability coverage that are
guaranteed by the State. The Director will notify the owner or operator of his
determination regarding the acceptability of the State's guarantee in lieu of
financial mechanisms specified in this subsection. The Director may require the
owner or operator to submit additional information as is deemed necessary to
make this determination. Pending this determination, the owner or operator will
be deemed to be in compliance with the requirements of §265.143 or
§265.147, as applicable.
(b)
If a State's assumption of responsibility is found acceptable as specified in
paragraph (a) of this section except for the amount of funds available, the
owner or operator may satisfy the requirements of this subsection by use of
both the State's assurance and additional financial mechanisms as specified in
this subpart. The amount of funds available through the State and Federal
mechanisms must at least equal the amount required by this subsection.
Subsection I
-- Use and Management of Containers
§
261.170
Applicability
This subsection applies to hazardous secondary materials excluded under the remanufacturing exclusion at §261.4(a)(27) and stored in containers.
§
261.171
Condition of Containers
If a container holding hazardous secondary material is not in good condition (e.g., severe rusting, apparent structural defects) or if it begins to leak, the hazardous secondary material must be transferred from this container to a container that is in good condition or managed in some other way that complies with the requirements of this Section.
§ 261.172
Compatibility of
hazardous secondary materials with containers
The container must be made of or lined with materials which will not react with, and are otherwise compatible with, the hazardous secondary material to be stored, so that the ability of the container to contain the material is not impaired.
§
261.173
Management of Containers
(a) A container holding hazardous secondary
material must always be closed during storage, except when it is necessary to
add or remove the hazardous secondary material.
(b) A container holding hazardous secondary
material must not be opened, handled, or stored in a manner which may rupture
the container or cause it to leak.
§ 261.175
Containment
(a) Container storage areas must have a
containment system that is designed and operated in accordance with paragraph
(b) of this section.
(b) A
containment system must be designed and operated as follows:
(1) A base must underlie the containers which
is free of cracks or gaps and is sufficiently impervious to contain leaks,
spills, and accumulated precipitation until the collected material is detected
and removed;
(2) The base must be
sloped or the containment system must be otherwise designed and operated to
drain and remove liquids resulting from leaks, spills, or precipitation, unless
the containers are elevated or are otherwise protected from contact with
accumulated liquids;
(3) The
containment system must have sufficient capacity to contain 10% of the volume
of containers or the volume of the largest container, whichever is
greater.
(4) Run-on into the
containment system must be prevented unless the collection system has
sufficient excess capacity in addition to that required in paragraph (b)(3) of
this section to contain any run-on which might enter the system; and
(5) Spilled or leaked material and
accumulated precipitation must be removed from the sump or collection area in
as timely a manner as is necessary to prevent overflow of the collection
system.
§
261.176
Special requirements for ignitable or reactive
hazardous secondary material
Containers holding ignitable or reactive hazardous secondary material must be located at least 15 meters (50 feet) from the facility's property line.
§
261.177
Special requirements for incompatible
materials
(a) Incompatible materials
must not be placed in the same container.
(b) Hazardous secondary material must not be
placed in an unwashed container that previously held an incompatible
material.
(c) A storage container
holding a hazardous secondary material that is incompatible with any other
materials stored nearby must be separated from the other materials or protected
from them by means of a dike, berm, wall, or other device.
§ 261.179
Air emission
standards
The remanufacturer or other person that stores or treats the hazardous secondary material shall manage all hazardous secondary material placed in a container in accordance with the applicable requirements of subsections AA, BB, and CC of this Section.
Subsection J
-- Tank Systems
§ 261.190
Applicability
(a) The requirements of this subsection apply
to tank systems for storing or treating hazardous secondary material excluded
under the remanufacturing exclusion at § 261.4(a)(27).
(b) Tank systems, including sumps, as defined
in § 260.10, that serve as part of a secondary containment system to
collect or contain releases of hazardous secondary materials are exempted from
the requirements in § 261.193(a).
§ 261.191
Assessment of existing
tank system's integrity
(a) Tank
systems must meet the secondary containment requirements of § 261.193, or
the remanufacturer or other person that handles the hazardous secondary
material must determine that the tank system is not leaking or is unfit for
use. Except as provided in paragraph (c) of this section, a written assessment
reviewed and certified by an independent qualified Arkansas-Registered
Professional Engineer must be kept on file at the remanufacturer's
facility or other facility that stores or treats the hazardous secondary
material that attests to the tank system's integrity.
(b) This assessment must determine that the
tank system is adequately designed and has sufficient structural strength and
compatibility with the material(s) to be stored or treated, to ensure that it
will not collapse, rupture, or fail. At a minimum, this assessment must
consider the following:
(1) Design
standard(s), if available, according to which the tank and ancillary equipment
were constructed;
(2) Hazardous
characteristics of the material(s) that have been and will be
handled;
(3) Existing corrosion
protection measures;
(4) Documented
age of tank system, if available (otherwise, an estimate of the age);
and
(5) Results of a leak test,
internal inspection, or other tank integrity examination such that:
(i) For non-enterable underground tanks, the
assessment must include a leak test that is capable of taking into account the
effects of temperature variations, tank end deflection, vapor pockets, and high
water table effects, and
(ii) For
other than non-enterable underground tanks and for ancillary equipment, this
assessment must include either a leak test, as described above, or other
integrity examination that is certified by a independent qualified
Arkansas-Registered Professional Engineer that addresses cracks,
leaks, corrosion, and erosion.
Note: The practices described in the American Petroleum Institute (API) Publication, Guide for Inspection of Refinery Equipment, Chapter XIII, "Atmospheric and Low-Pressure Storage Tanks," 4th edition, 1981, may be used, where applicable, as guidelines in conducting other than a leak test.
(c) If, as a result of the assessment
conducted in accordance with paragraph (a) of this section, a tank system is
found to be leaking or unfit for use, the remanufacturer or other person that
stores or treats the hazardous secondary material must comply with the
requirements of § 261.196.
§
261.192
[Reserved]
§ 261.193
Containment and
detection of releases
(a) Secondary
containment systems must be:
(1) Designed,
installed, and operated to prevent any migration of materials or accumulated
liquid out of the system to the soil, ground water, or surface water at any
time during the use of the tank system; and
(2) Capable of detecting and collecting
releases and accumulated liquids until the collected material is removed.
Note: If the collected material is a hazardous waste under Section 261 of this rule, it is subject to management as a hazardous waste in accordance with all applicable requirements of Sections 262 through 265, 266, and 268 of this rule. If the collected material is discharged through a point source to waters of the United States, it is subject to the requirements of sections 301, 304, and 402 of the Clean Water Act, as amended. If discharged to a Publicly Owned Treatment Works (POTW), it is subject to the requirements of section 307 of the Clean Water Act, as amended. If the collected material is released to the environment, it may be subject to the reporting requirements of 40 CFR part 302 .
(b) To meet the requirements of paragraph (a)
of this section, secondary containment systems must be at a minimum:
(1) Constructed of or lined with materials
that are compatible with the materials(s) to be placed in the tank system and
must have sufficient strength and thickness to prevent failure owing to
pressure gradients (including static head and external hydrological forces),
physical contact with the material to which it is exposed, climatic conditions,
and the stress of daily operation (including stresses from nearby vehicular
traffic).
(2) Placed on a
foundation or base capable of providing support to the secondary containment
system, resistance to pressure gradients above and below the system, and
capable of preventing failure due to settlement, compression, or
uplift;
(3) Provided with a
leak-detection system that is designed and operated so that it will detect the
failure of either the primary or secondary containment structure or the
presence of any release of hazardous secondary material or accumulated liquid
in the secondary containment system at the earliest practicable time;
and
(4) Sloped or otherwise
designed or operated to drain and remove liquids resulting from leaks, spills,
or precipitation. Spilled or leaked material and accumulated precipitation must
be removed from the secondary containment system within 24 hours, or in as
timely a manner as is possible to prevent harm to human health and the
environment.
(c)
Secondary containment for tanks must include one or more of the following
devices:
(1) A liner (external to the
tank);
(2) A vault; or
(3) A double-walled tank.
(d) In addition to the
requirements of paragraphs (a), (b), and (c) of this section, secondary
containment systems must satisfy the following requirements:
(1) External liner systems must be:
(i) Designed or operated to contain 100
percent of the capacity of the largest tank within its boundary;
(ii) Designed or operated to prevent run-on
or infiltration of precipitation into the secondary containment system unless
the collection system has sufficient excess capacity to contain run-on or
infiltration. Such additional capacity must be sufficient to contain
precipitation from a 25-year, 24-hour rainfall event.
(iii) Free of cracks or gaps; and
(iv) Designed and installed to surround the
tank completely and to cover all surrounding earth likely to come into contact
with the material if the material is released from the tank(s) (i.e., capable
of preventing lateral as well as vertical migration of the material).
(2) Vault systems must be:
(i) Designed or operated to contain 100
percent of the capacity of the largest tank within its boundary;
(ii) Designed or operated to prevent run-on
or infiltration of precipitation into the secondary containment system unless
the collection system has sufficient excess capacity to contain run-on or
infiltration. Such additional capacity must be sufficient to contain
precipitation from a 25-year, 24-hour rainfall event;
(iii) Constructed with chemical-resistant
water stops in place at all joints (if any);
(iv) Provided with an impermeable interior
coating or lining that is compatible with the stored material and that will
prevent migration of material into the concrete;
(v) Provided with a means to protect against
the formation of and ignition of vapors within the vault, if the material being
stored or treated is ignitable or reactive; and
(vi) Provided with an exterior moisture
barrier or be otherwise designed or operated to prevent migration of moisture
into the vault if the vault is subject to hydraulic pressure.
(3) Double-walled tanks must be:
(i) Designed as an integral structure (i.e.,
an inner tank completely enveloped within an outer shell) so that any release
from the inner tank is contained by the outer shell;
(ii) Protected, if constructed of metal, from
both corrosion of the primary tank interior and of the external surface of the
outer shell; and
(iii) Provided
with a built-in continuous leak detection system capable of detecting a release
within 24 hours, or at the earliest practicable time.
Note: The provisions outlined in the Steel Tank Institute's (STI) "Standard for Dual Wall Underground Steel Storage Tanks" may be used as guidelines for aspects of the design of underground steel double-walled tanks.
(e) [Reserved]
(f) Ancillary equipment must be provided with
secondary containment (e.g., trench, jacketing, double-walled piping) that
meets the requirements of paragraphs (a) and (b) of this section except for:
(1) Aboveground piping (exclusive of flanges,
joints, valves, and other connections) that are visually inspected for leaks on
a daily basis;
(2) Welded flanges,
welded joints, and welded connections that are visually inspected for leaks on
a daily basis;
(3) Seal less or
magnetic coupling pumps and seal less valves that are visually inspected for
leaks on a daily basis; and
(4)
Pressurized aboveground piping systems with automatic shut-off devices (e.g.,
excess flow check valves, flow metering shutdown devices, loss of pressure
actuated shut-off devices) that are visually inspected for leaks on a daily
basis.
§
261.194
General operating requirements
(a) Hazardous secondary materials or
treatment reagents must not be placed in a tank system if they could cause the
tank, its ancillary equipment, or the containment system to rupture, leak,
corrode, or otherwise fail.
(b) The
remanufacturer or other person that stores or treats the hazardous secondary
material must use appropriate controls and practices to prevent spills and
overflows from tank or containment systems. These include at a minimum:
(1) Spill prevention controls (e.g., check
valves, dry disconnect couplings);
(2) Overfill prevention controls (e.g., level
sensing devices, high level alarms, automatic feed cutoff, or bypass to a
standby tank); and
(3) Maintenance
of sufficient freeboard in uncovered tanks to prevent overtopping by wave or
wind action or by precipitation.
(c) The remanufacturer or other person that
stores or treats the hazardous secondary material must comply with the
requirements of § 261.196 of this subsection if a leak or spill occurs in
the tank system.
§
261.195
[Reserved]
§ 261.196
Response to leaks or
spills and disposition of leaking or unfit-for-use tank systems
A tank system or secondary containment system from which there has been a leak or spill, or which is unfit for use, must be removed from service immediately, and the remanufacturer or other person that stores or treats the hazardous secondary material must satisfy the following requirements:
(a) Cessation of use;
prevent flow or addition of materials. The remanufacturer or other person that
stores or treats the hazardous secondary material must immediately stop the
flow of hazardous secondary material into the tank system or secondary
containment system and inspect the system to determine the cause of the
release.
(b) Removal of material
from tank system or secondary containment system.
(1) If the release was from the tank system,
the remanufacturer or other person that stores or treats the hazardous
secondary material must, within 24 hours after detection of the leak or, if the
remanufacturer or other person that stores or treats the hazardous secondary
material demonstrates that it is not possible, at the earliest practicable
time, remove as much of the material as is necessary to prevent further release
of hazardous secondary material to the environment and to allow inspection and
repair of the tank system to be performed.
(2) If the material released was to a
secondary containment system, all released materials must be removed within 24
hours or in as timely a manner as is possible to prevent harm to human health
and the environment.
(c)
Containment of visible releases to the environment. The remanufacturer or other
person that stores or treats the hazardous secondary material must immediately
conduct a visual inspection of the release and, based upon that inspection:
(1) Prevent further migration of the leak or
spill to soils or surface water; and
(2) Remove, and properly dispose of, any
visible contamination of the soil or surface water.
(d) Notifications, reports.
(1) Any release to the environment, except as
provided in paragraph (d)(2) of this section, must be reported to the Director
within 24 hours of its detection. If the release has been reported pursuant to
40 CFR part 302, that report will satisfy this requirement.
(2) A leak or spill of hazardous secondary
material is exempted from the requirements of this paragraph if it is:
(i) Less than or equal to a quantity of 1
pound, and
(ii) Immediately
contained and cleaned up.
(3) Within 30 days of detection of a release
to the environment, a report containing the following information must be
submitted to the Director:
(i) Likely route
of migration of the release;
(ii)
Characteristics of the surrounding soil (soil composition, geology,
hydrogeology, climate);
(iii)
Results of any monitoring or sampling conducted in connection with the release
(if available). If sampling or monitoring data relating to the release are not
available within 30 days, these data must be submitted to the Director as soon
as they become available.
(iv)
Proximity to downgradient drinking water, surface water, and populated areas;
and
(v) Description of response
actions taken or planned.
(e) Provision of secondary containment,
repair, or closure.
(1) Unless the
remanufacturer or other person that stores or treats the hazardous secondary
material satisfies the requirements of paragraphs (e)(2) through (4) of this
section, the tank system must cease to operate under the remanufacturing
exclusion at APC&EC Rule No. 23 261.4(a)(27).
(2) If the cause of the release was a spill
that has not damaged the integrity of the system, the remanufacturer or other
person that stores or treats the hazardous secondary material may return the
system to service as soon as the released material is removed and repairs, if
necessary, are made.
(3) If the
cause of the release was a leak from the primary tank system into the secondary
containment system, the system must be repaired prior to returning the tank
system to service.
(4) If the
source of the release was a leak to the environment from a component of a tank
system without secondary containment, the remanufacturer or other person that
stores or treats the hazardous secondary material must provide the component of
the system from which the leak occurred with secondary containment that
satisfies the requirements of § 261.193 before it can be returned to
service, unless the source of the leak is an aboveground portion of a tank
system that can be inspected visually. If the source is an aboveground
component that can be inspected visually, the component must be repaired and
may be returned to service without secondary containment as long as the
requirements of paragraph (f) of this section are satisfied. Additionally, if a
leak has occurred in any portion of a tank system component that is not readily
accessible for visual inspection (e.g., the bottom of an inground or onground
tank), the entire component must be provided with secondary containment in
accordance with § 261.193 of this subsection prior to being returned to
use.
(f) Certification of
major repairs. If the remanufacturer or other person that stores or treats the
hazardous secondary material has repaired a tank system in accordance with
paragraph (e) of this section, and the repair has been extensive ( e.g.,
installation of an internal liner; repair of a ruptured primary containment or
secondary containment vessel), the tank system must not be returned to service
unless the remanufacturer or other person that stores or treats the hazardous
secondary material has obtained a certification by an independent
qualified Arkansas-Registered Professional Engineer that the repaired
system is capable of handling hazardous secondary materials without release for
the intended life of the system. This certification must be kept on file at the
facility and maintained until closure of the facility.
Note 1: The Director may, on the basis of any information received that there is or has been a release of hazardous secondary material or hazardous constituents into the environment, issue an order under the Arkansas Remedial Trust Fund Act (A.C.A. §§ 8-7-501 et seq.) requiring corrective action or such other response as deemed necessary to protect human health or the environment.
Note 2: 40 CFR part 302 may require the owner or operator to notify the National Response Center of certain releases.
§ 261.197
Termination
of remanufacturing exclusion
Hazardous secondary material stored in units more than 90 days after the unit ceases to operate under the remanufacturing exclusion at APC&EC Rule No. 23 261.4(a)(27) or otherwise ceases to be operated for manufacturing, or for storage of a product or a raw material, then becomes subject to rule as hazardous waste under Sections 261 through 266, 268, 270, 271, and 124 of this rule, as applicable.
§ 261.198
Special requirements for
ignitable or reactive materials
(a)
Ignitable or reactive material must not be placed in tank systems, unless the
material is stored or treated in such a way that it is protected from any
material or conditions that may cause the material to ignite or
react.
(b) The remanufacturer or
other person that stores or treats hazardous secondary material which is
ignitable or reactive must store or treat the hazardous secondary material in a
tank that is in compliance with the requirements for the maintenance of
protective distances between the material management area and any public ways,
streets, alleys, or an adjoining property line that can be built upon as
required in Tables 2-1 through 2-6 of the National Fire Protection
Association's "Flammable and Combustible Liquids Code," (1977 or 1981),
(incorporated by reference, see § 260.11).
§ 261.199
Special requirements for
incompatible materials
(a)
Incompatible materials must not be placed in the same tank system.
(b) Hazardous secondary material must not be
placed in a tank system that has not been decontaminated and that previously
held an incompatible material.
§
261.200
Air emission standards
The remanufacturer or other person that stores or treats the hazardous secondary material shall manage all hazardous secondary material placed in a tank in accordance with the applicable requirements of subsections AA, BB, and CC of this Section.
Subsection K - L
[Reserved]
Subsection M
-- Emergency Preparedness and Response for Management of Excluded
Hazardous Secondary Material
§
261.400
Applicability
The requirements of this subsection apply to those areas of an entity managing hazardous secondary materials excluded under § 261.4(a)(23) and/or (24) where hazardous secondary materials are generated or accumulated on site.
(a) A generator
of hazardous secondary material, or an intermediate or reclamation facility
operating under a verified recycler variance under § 260.31(d), that
accumulates 6000 kg or less of hazardous secondary material at any time must
comply with §§ 261.410 and 261.411.
(b) A generator of hazardous secondary
material, or an intermediate or reclamation facility operating under a verified
recycler variance under § 260.31(d) that accumulates more than 6000 kg of
hazardous secondary material at any time must comply with §§ 261.410
and 261.420.
§
261.410
Preparedness and prevention
(a) Maintenance and operation of facility.
Facilities generating or accumulating hazardous secondary material must be
maintained and operated to minimize the possibility of a fire, explosion, or
any unplanned sudden or non-sudden release of hazardous secondary materials or
hazardous secondary material constituents to air, soil, or surface water which
could threaten human health or the environment.
(b) Required equipment. All facilities
generating or accumulating hazardous secondary material must be equipped with
the following, unless none of the hazards posed by hazardous secondary material
handled at the facility could require a particular kind of equipment specified
below:
(1) An internal communications or
alarm system capable of providing immediate emergency instruction (voice or
signal) to facility personnel;
(2)
A device, such as a telephone (immediately available at the scene of
operations) or a hand-held two-way radio, capable of summoning emergency
assistance from local police departments, fire departments, or state or local
emergency response teams;
(3)
Portable fire extinguishers, fire control equipment (including special
extinguishing equipment, such as that using foam, inert gas, or dry chemicals),
spill control equipment, and decontamination equipment; and
(4) Water at adequate volume and pressure to
supply water hose streams, or foam producing equipment, or automatic
sprinklers, or water spray systems.
(c) Testing and maintenance of equipment. All
facility communications or alarm systems, fire protection equipment, spill
control equipment, and decontamination equipment, where required, must be
tested and maintained as necessary to assure its proper operation in time of
emergency.
(d) Access to
communications or alarm system.
(1) Whenever
hazardous secondary material is being poured, mixed, spread, or otherwise
handled, all personnel involved in the operation must have immediate access to
an internal alarm or emergency communication device, either directly or through
visual or voice contact with another employee, unless such a device is not
required under paragraph (b) of this section.
(1) Whenever hazardous secondary material is
being poured, mixed, spread, or otherwise handled, all personnel involved in
the operation must have immediate access to an internal alarm or emergency
communication device, either directly or through visual or voice contact with
another employee, unless such a device is not required under paragraph (b) of
this section.
(2) If there is ever
just one employee on the premises while the facility is operating, he must have
immediate access to a device, such as a telephone (immediately available at the
scene of operation) or a hand-held two-way radio, capable of summoning external
emergency assistance, unless such a device is not required under paragraph (b)
of this section.
(e)
Required aisle space. The hazardous secondary material generator or
intermediate or reclamation facility operating under a verified recycler
variance under §260.31(d) must maintain aisle space to allow the
unobstructed movement of personnel, fire protection equipment, spill control
equipment, and decontamination equipment to any area of facility operation in
an emergency, unless aisle space is not needed for any of these
purposes.
(f) Arrangements with
local authorities.
(1) The hazardous secondary
material generator or an intermediate or reclamation facility operating under a
verified recycler variance under §260.31(d) must attempt to make the
following arrangements, as appropriate for the type of waste handled at his
facility and the potential need for the services of these organizations:
(i) Arrangements to familiarize police, fire
departments, and emergency response teams with the layout of the facility,
properties of hazardous secondary material handled at the facility and
associated hazards, places where facility personnel would normally be working,
entrances to roads inside the facility, and possible evacuation
routes;
(ii) Where more than one
police and fire department might respond to an emergency, agreements
designating primary emergency authority to a specific police and a specific
fire department, and agreements with any others to provide support to the
primary emergency authority;
(iii)
Agreements with state emergency response teams, emergency response contractors,
and equipment suppliers; and
(iv)
Arrangements to familiarize local hospitals with the properties of hazardous
waste handled at the facility and the types of injuries or illnesses which
could result from fires, explosions, or releases at the facility.
(2) Where state or local
authorities decline to enter into such arrangements, the hazardous secondary
material generator or an intermediate or reclamation facility operating under a
verified recycler variance under §260.31(d) must document the refusal in
the operating record.
§
261.411
Emergency procedures for facilities generating or
accumulating 6000 kg or less of hazardous secondary material
A generator or an intermediate or reclamation facility operating under a verified recycler variance under § 260.31(d) that generates or accumulates 6000 kg or less of hazardous secondary material must comply with the following requirements:
(a) At all times there must be at least one
employee either on the premises or on call (i.e., available to respond to an
emergency by reaching the facility within a short period of time) with the
responsibility for coordinating all emergency response measures specified in
paragraph (d) of this section. This employee is the emergency
coordinator.
(b) The generator or
intermediate or reclamation facility operating under a verified recycler
variance under §260.31(d) must post the following information next to the
telephone:
(1) The name and telephone number
of the emergency coordinator;
(2)
Location of fire extinguishers and spill control material, and, if present,
fire alarm; and
(3) The telephone
number of the fire department, unless the facility has a direct
alarm.
(c) The generator
or an intermediate or reclamation facility operating under a verified recycler
variance under §260.31(d) must ensure that all employees are thoroughly
familiar with proper waste handling and emergency procedures, relevant to their
responsibilities during normal facility operations and emergencies;
(d) The emergency coordinator or his designee
must respond to any emergencies that arise. The applicable responses are as
follows:
(1) In the event of a fire, call the
fire department or attempt to extinguish it using a fire
extinguisher;
(2) In the event of a
spill, contain the flow of hazardous waste to the extent possible, and as soon
as is practicable, clean up the hazardous waste and any contaminated materials
or soil;
(3) In the event of a
fire, explosion, or other release which could threaten human health outside the
facility or when the generator or an intermediate or reclamation facility
operating under a verified recycler variance under §260.31(d) has
knowledge that a spill has reached surface water, the generator or an
intermediate or reclamation facility operating under a verified recycler
variance under §260.31(d) must immediately notify the National Response
Center (using their 24-hour toll free number 800/424-8802). The report must
include the following information:
(i) The
name, address, and U.S. EPA Identification Number of the facility;
(ii) Date, time, and type of incident (e.g.,
spill or fire);
(iii) Quantity and
type of hazardous waste involved in the incident;
(iv) Extent of injuries, if any;
and
(v) Estimated quantity and
disposition of recovered materials, if any.
§ 261.420
Contingency planning and emergency procedures for facilities generating
or accumulating more than 6000 kg of hazardous secondary material
A generator or an intermediate or reclamation facility operating under a verified recycler variance under § 260.31(d) that generates or accumulates more than 6000 kg of hazardous secondary material must comply with the following requirements:
(a) Purpose and implementation of contingency
plan.
(1) Each generator or an intermediate
or reclamation facility operating under a verified recycler variance under
§260.31(d) that accumulates more than 6000 kg of hazardous secondary
material must have a contingency plan for his facility. The contingency plan
must be designed to minimize hazards to human health or the environment from
fires, explosions, or any unplanned sudden or non-sudden release of hazardous
secondary material or hazardous secondary material constituents to air, soil,
or surface water.
(2) The
provisions of the plan must be carried out immediately whenever there is a
fire, explosion, or release of hazardous secondary material or hazardous
secondary material constituents which could threaten human health or the
environment.
(b) Content
of contingency plan.
(1) The contingency plan
must describe the actions facility personnel must take to comply with
paragraphs (a) and (f) in response to fires, explosions, or any unplanned
sudden or non-sudden release of hazardous secondary material or hazardous
secondary material constituents to air, soil, or surface water at the
facility.
(2) If the generator or
an intermediate or reclamation facility operating under a verified recycler
variance under §260.31(d) accumulating more than 6000 kg of hazardous
secondary material has already prepared a Spill Prevention, Control, and
Countermeasures (SPCC) Plan in accordance with Section 112 of this rule, or
some other emergency or contingency plan, he need only amend that plan to
incorporate hazardous waste management provisions that are sufficient to comply
with the requirements of this Section. The hazardous secondary material
generator or an intermediate or reclamation facility operating under a verified
recycler variance under §260.31(d) may develop one contingency plan which
meets all regulatory requirements. EPA recommends that the plan be based on the
National Response Team's Integrated Contingency Plan Guidance ("One Plan").
When modifications are made to non-RCRA provisions in an integrated contingency
plan, the changes do not trigger the need for a RCRA permit
modification.
(3) The plan must
describe arrangements agreed to by local police departments, fire departments,
hospitals, contractors, and State and local emergency response teams to
coordinate emergency services, pursuant to §262.410(f).
(4) The plan must list names, addresses, and
phone numbers (office and home) of all persons qualified to act as emergency
coordinator (see paragraph (e) of this section), and this list must be kept
up-to-date. Where more than one person is listed, one must be named as primary
emergency coordinator and others must be listed in the order in which they will
assume responsibility as alternates.
(5) The plan must include a list of all
emergency equipment at the facility (such as fire extinguishing systems, spill
control equipment, communications and alarm systems (internal and external),
and decontamination equipment), where this equipment is required. This list
must be kept up to date. In addition, the plan must include the location and a
physical description of each item on the list, and a brief outline of its
capabilities.
(6) The plan must
include an evacuation plan for facility personnel where there is a possibility
that evacuation could be necessary. This plan must describe signal(s) to be
used to begin evacuation, evacuation routes, and alternate evacuation routes
(in cases where the primary routes could be blocked by releases of hazardous
waste or fires).
(c)
Copies of contingency plan. A copy of the contingency plan and all revisions to
the plan must be:
(1) Maintained at the
facility; and
(2) Submitted to all
local police departments, fire departments, hospitals, and State and local
emergency response teams that may be called upon to provide emergency
services.
(d) Amendment
of contingency plan. The contingency plan must be reviewed, and immediately
amended, if necessary, whenever:
(1)
Applicable rules are revised;
(2)
The plan fails in an emergency;
(3)
The facility changes-in its design, construction, operation, maintenance, or
other circumstances-in a way that materially increases the potential for fires,
explosions, or releases of hazardous secondary material or hazardous secondary
material constituents, or changes the response necessary in an
emergency;
(4) The list of
emergency coordinators changes; or
(5) The list of emergency equipment
changes.
(e) Emergency
coordinator. At all times, there must be at least one employee either on the
facility premises or on call (i.e., available to respond to an emergency by
reaching the facility within a short period of time) with the responsibility
for coordinating all emergency response measures. This emergency coordinator
must be thoroughly familiar with all aspects of the facility's contingency
plan, all operations and activities at the facility, the location and
characteristics of waste handled, the location of all records within the
facility, and the facility layout. In addition, this person must have the
authority to commit the resources needed to carry out the contingency plan. The
emergency coordinator's responsibilities are more fully spelled out in
paragraph (f). Applicable responsibilities for the emergency coordinator vary,
depending on factors such as type and variety of hazardous secondary
material(s) handled by the facility, and type and complexity of the
facility.
(f) Emergency procedures.
(1) Whenever there is an imminent or actual
emergency situation, the emergency coordinator (or his designee when the
emergency coordinator is on call) must immediately:
(i) Activate internal facility alarms or
communication systems, where applicable, to notify all facility personnel;
and
(ii) Notify appropriate State
or local agencies with designated response roles if their help is
needed.
(2) Whenever
there is a release, fire, or explosion, the emergency coordinator must
immediately identify the character, exact source, amount, and areal extent of
any released materials. He may do this by observation or review of facility
records or manifests and, if necessary, by chemical analysis.
(3) Concurrently, the emergency coordinator
must assess possible hazards to human health or the environment that may result
from the release, fire, or explosion. This assessment must consider both direct
and indirect effects of the release, fire, or explosion (e.g., the effects of
any toxic, irritating, or asphyxiating gases that are generated, or the effects
of any hazardous surface water run-offs from water or chemical agents used to
control fire and heat-induced explosions).
(4) If the emergency coordinator determines
that the facility has had a release, fire, or explosion which could threaten
human health, or the environment, outside the facility, he must report his
findings as follows:
(i) If his assessment
indicates that evacuation of local areas may be advisable, he must immediately
notify appropriate local authorities. He must be available to help appropriate
officials decide whether local areas should be evacuated; and
(ii) He must immediately notify either the
government official designated as the on-scene coordinator for that
geographical area, or the National Response Center (using their 24-hour toll
free number 800/424-8802). The report must include:
(A) Name and telephone number of
reporter;
(B) Name and address of
facility;
(C) Time and type of
incident (e.g., release, fire);
(D)
Name and quantity of material(s) involved, to the extent known;
(E) The extent of injuries, if any;
and
(F) The possible hazards to
human health, or the environment, outside the facility.
(5) During an emergency, the
emergency coordinator must take all reasonable measures necessary to ensure
that fires, explosions, and releases do not occur, recur, or spread to other
hazardous secondary material at the facility. These measures must include,
where applicable, stopping processes and operations, collecting and containing
released material, and removing or isolating containers.
(6) If the facility stops operations in
response to a fire, explosion or release, the emergency coordinator must
monitor for leaks, pressure buildup, gas generation, or ruptures in valves,
pipes, or other equipment, wherever this is appropriate.
(7) Immediately after an emergency, the
emergency coordinator must provide for treating, storing, or disposing of
recovered secondary material, contaminated soil or surface water, or any other
material that results from a release, fire, or explosion at the facility.
Unless the hazardous secondary material generator can demonstrate, in
accordance with §261.3(c) or (d) of this rule, that the recovered material
is not a hazardous waste, the owner or operator becomes a generator of
hazardous waste and must manage it in accordance with all applicable
requirements of Sections 262, 263, and 265 of this rule.
(8) The emergency coordinator must ensure
that, in the affected area(s) of the facility:
(i) No secondary material that may be
incompatible with the released material is treated, stored, or disposed of
until cleanup procedures are completed; and
(ii) All emergency equipment listed in the
contingency plan is cleaned and fit for its intended use before operations are
resumed.
(9) The
hazardous secondary material generator must note in the operating record the
time, date, and details of any incident that requires implementing the
contingency plan. Within 15 days after the incident, he must submit a written
report on the incident to the Director. The report must include:
(i) Name, address, and telephone number of
the hazardous secondary material generator;
(ii) Name, address, and telephone number of
the facility;
(iii) Date, time, and
type of incident (e.g., fire, explosion);
(iv) Name and quantity of material(s)
involved;
(v) The extent of
injuries, if any;
(vi) An
assessment of actual or potential hazards to human health or the environment,
where this is applicable; and
(vii)
Estimated quantity and disposition of recovered material that resulted from the
incident.
(g)
Personnel training. All employees must be thoroughly familiar
with proper waste handling and emergency procedures relevant to their
responsibilities during normal facility operations and emergencies.
Subsections N -
Z
[Reserved]
Subsection AA
-- Air Emission Standards
for Process Vents
§ 261.1030
Applicability
The rules in this subsection apply to process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction, or air or stream stripping operations that manage hazardous secondary materials excluded under the remanufacturing exclusion at § 261.4(a)(27) with concentrations of at least 10 ppmw, unless the process vents are equipped with operating air emission controls in accordance with the requirements of an applicable Clean Air Act regulation codified under 40 CFR part 60, part 61, or part 63.
§ 261.1031
Definitions
As used in this Subsection, all terms shall have the meaning given them in § 264.1031, RCRA, the Act, and Sections 260-266 of this rule.
§ 261.1032
Standards: Process vents
(a) The
remanufacturer or other person that stores or treats hazardous secondary
materials in hazardous secondary material management units with process vents
associated with distillation, fractionation, thin-film evaporation, solvent
extraction or air or steam stripping operations managing hazardous secondary
materials with organic concentrations at least 10 ppmw shall either:
(1) Reduce total organic emissions from all
affected process vents at the facility below 1.4 kg/h (3 lb/h) and 2.8 Mg/yr
(3.1 tons/yr), or
(2) Reduce, by
use of a control device, total organic emissions from all affected process
vents at the facility by 95 weight percent.
(b) If the remanufacturer or other person
that stores or treats the hazardous secondary material installs a closed-vent
system and control device to comply with the provisions of paragraph (a) of
this section, the closed-vent system and control device must meet the
requirements of § 261.1033.
(c) Determinations of vent emissions and
emission reductions or total organic compound concentrations achieved by add-on
control devices may be based on engineering calculations or performance tests.
If performance tests are used to determine vent emissions, emission reductions,
or total organic compound concentrations achieved by add-on control devices,
the performance tests must conform with the requirements of §
261.1034(c).
(d) When a
remanufacturer or other person that stores or treats the hazardous secondary
material remanufacturer or other person that stores or treats the hazardous
secondary material and the Director do not agree on determinations of vent
emissions and/or emission reductions or total organic compound concentrations
achieved by add-on control devices based on engineering calculations, the test
methods in § 261.1034(c) shall be used to resolve the
disagreement.
§
261.1033
Standards: Closed-vent systems and control
devices
(a)
(1) The remanufacturer or other person that
stores or treats the hazardous secondary materials in hazardous secondary
material management units using closed-vent systems and control devices used to
comply with provisions of this Section shall comply with the provisions of this
section.
(2) [Reserved]
(b) A control device involving
vapor recovery (e.g., a condenser or adsorber) shall be designed and operated
to recover the organic vapors vented to it with an efficiency of 95 weight
percent or greater unless the total organic emission limits of §
261.1032(a)(1) for all affected process vents can be attained at an efficiency
less than 95 weight percent.
(c) An
enclosed combustion device (e.g., a vapor incinerator, boiler, or process
heater) shall be designed and operated to reduce the organic emissions vented
to it by 95 weight percent or greater; to achieve a total organic compound
concentration of 20 ppmv, expressed as the sum of the actual compounds, not
carbon equivalents, on a dry basis corrected to 3 percent oxygen; or to provide
a minimum residence time of 0.50 seconds at a minimum temperature of 760
°C. If a boiler or process heater is used as the control device, then the
vent stream shall be introduced into the flame combustion zone of the boiler or
process heater.
(d)
(1) A flare shall be designed for and
operated with no visible emissions as determined by the methods specified in
paragraph (e)(1) of this section, except for periods not to exceed a total of 5
minutes during any 2 consecutive hours.
(2) A flare shall be operated with a flame
present at all times, as determined by the methods specified in paragraph
(f)(2)(iii) of this section.
(3) A
flare shall be used only if the net heating value of the gas being combusted is
264.2 MJ/scm (300 Btu/scf) or greater, if the flare is steam-assisted or
air-assisted; or if the net heating value of the gas being combusted is 260.45
MJ/scm (200 Btu/scf) or greater if the flare is nonassisted. The net heating
value of the gas being combusted shall be determined by the methods specified
in paragraph (e)(2) of this section.
(4)
(i) A
steam-assisted or nonassisted flare shall be designed for and operated with an
exit velocity, as determined by the methods specified in paragraph (e)(3) of
this section, of less than 18.3 m/s (60 ft/s), except as provided in paragraphs
(d)(4) (ii) and (iii) of this section.
(ii) A steam-assisted or nonassisted flare
designed for and operated with an exit velocity, as determined by the methods
specified in paragraph (e)(3) of this section, equal to or greater than 18.3
m/s (60 ft/s) but less than 122 m/s (400 ft/s) is allowed if the net heating
value of the gas being combusted is greater than 37.3 MJ/scm (1,000
Btu/scf).
(iii) A steam-assisted or
nonassisted flare designed for and operated with an exit velocity, as
determined by the methods specified in paragraph (e)(3) of this section, less
than the velocity, Vmax, as determined by the method
specified in paragraph (e)(4) of this section, and less than 122 m/s (400 ft/s)
is allowed.
(5) An
air-assisted flare shall be designed and operated with an exit velocity less
than the velocity, Vmax, as determined by the method
specified in paragraph (e)(5) of this section.
(6) A flare used to comply with this section
shall be steam-assisted. air-assisted, or nonassisted.
(e)
(1)
Reference Method 22 in 40 CFR part 60 shall be used to determine the compliance
of a flare with the visible emission provisions of this Subsection. The
observation period is 2 hours and shall be used according to Method
22.
(2) The net heating value of
the gas being combusted in a flare shall be calculated using the following
equation:
where:
HT=Net heating value of the sample, MJ/scm; where the net enthalpy per mole of offgas is based on combustion at 25 °C and 760 mm Hg, but the standard temperature for determining the volume corresponding to 1 mol is 20 °C;
K=Constant, 1.74X10-7 (1/ppm) (g mol/scm) (MJ/kcal) where standard temperature for (g mol/scm) is 20 °C;
Ci=Concentration of sample component i in ppm on a wet basis, as measured for organics by Reference Method 18 in 40 CFR part 60 and measured for hydrogen and carbon monoxide by ASTM D 1946-82 (incorporated by reference as specified in § 260.11); and
Hi=Net heat of combustion of sample component i, kcal/g mol at 25 °C and 760 mm Hg. The heats of combustion may be determined using ASTM D 2382-83 (incorporated by reference as specified in § 260.11) if published values are not available or cannot be calculated.
(3) The actual
exit velocity of a flare shall be determined by dividing the volumetric flow
rate (in units of standard temperature and pressure), as determined by
Reference Methods 2, 2A, 2C, or 2D in 40 CFR part 60 as appropriate, by the
unobstructed (free) cross-sectional area of the flare tip.
(4) The maximum allowed velocity in m/s, V
max, for a flare complying with paragraph (d)(4)(iii) of
this section shall be determined by the following equation:
where:
HT =The net heating value as determined in paragraph (e)(2) of this section.
28.8=Constant,
31.7=Constant.
(5) The maximum allowed velocity in m/s,
Vmax, for an air-assisted flare shall be determined by
the following equation:
where:
8.706 = Constant.
0.7084 = Constant.
HT = The net heating value as determined in paragraph (e)(2) of this section. T
(f) The remanufacturer or other person that
stores or treats the hazardous secondary material shall monitor and inspect
each control device required to comply with this section to ensure proper
operation and maintenance of the control device by implementing the following
requirements:
(1) Install, calibrate,
maintain, and operate according to the manufacturer's specifications a flow
indicator that provides a record of vent stream flow from each affected process
vent to the control device at least once every hour. The flow indicator sensor
shall be installed in the vent stream at the nearest feasible point to the
control device inlet, but before being combined with other vent
streams.
(2) Install, calibrate,
maintain, and operate according to the manufacturer's specifications a device
to continuously monitor control device operation as specified below:
(i) For a thermal vapor incinerator, a
temperature monitoring device equipped with a continuous recorder. The device
shall have an accuracy of ±1 percent of the temperature being monitored
in °C or ±0.5 °C. whichever is greater. The temperature sensor
shall be installed at a location in the combustion chamber downstream of the
combustion zone.
(ii) For a
catalytic vapor incinerator, a temperature monitoring device equipped with a
continuous recorder. The device shall be capable of monitoring temperature at
two locations and have an accuracy of ±1 percent of the temperature
being monitored in °C or ±0.5 °C, whichever is greater. One
temperature sensor shall be installed in the vent stream at the nearest
feasible point to the catalyst bed inlet and a second temperature sensor shall
be installed in the vent stream at the nearest feasible point to the catalyst
bed outlet.
(iii) For a flare, a
heat sensing monitoring device equipped with a continuous recorder that
indicates the continuous ignition of the pilot flame.
(iv) For a boiler or process heater having a
design heat input capacity less than 44 MW, a temperature monitoring device
equipped with a continuous recorder. The device shall have an accuracy of
±1 percent of the temperature being monitored in °C or ±0.5
°C, whichever is greater. The temperature sensor shall be installed at a
location in the furnace downstream of the combustion zone.
(v) For a boiler or process heater having a
design heat input capacity greater than or equal to 44 MW, a monitoring device
equipped with a continuous recorder to measure a parameter(s) that indicates
good combustion operating practices are being used.
(vi) For a condenser, either:
(A) A monitoring device equipped with a
continuous recorder to measure the concentration level of the organic compounds
in the exhaust vent stream from the condenser; or
(B) A temperature monitoring device equipped
with a continuous recorder. The device shall be capable of monitoring
temperature with an accuracy of ±1 percent of the temperature being
monitored in degrees Celsius (°C) or ±0.5 °C, whichever is
greater. The temperature sensor shall be installed at a location in the exhaust
vent stream from the condenser exit (i.e., product side).
(vii) For a carbon adsorption system such as
a fixed-bed carbon adsorber that regenerates the carbon bed directly in the
control device, either:
(A) A monitoring
device equipped with a continuous recorder to measure the concentration level
of the organic compounds in the exhaust vent stream from the carbon bed,
or
(B) A monitoring device equipped
with a continuous recorder to measure a parameter that indicates the carbon bed
is regenerated on a regular, predetermined time cycle.
(3) Inspect the readings from each
monitoring device required by paragraphs (f) (1) and (2) of this section at
least once each operating day to check control device operation and, if
necessary, immediately implement the corrective measures necessary to ensure
the control device operates in compliance with the requirements of this
section.
(g) A
remanufacturer or other person that stores or treats the hazardous secondary
material in a hazardous secondary material management unit using a carbon
adsorption system such as a fixed-bed carbon adsorber that regenerates the
carbon bed directly onsite in the control device, shall replace the existing
carbon in the control device with fresh carbon at a regular, predetermined time
interval that is no longer than the carbon service life established as a
requirement of § 261.1035(b)(4)(iii)(F).
(h) A remanufacturer or other person that
stores or treats the hazardous secondary material in a hazardous secondary
material management unit using a carbon adsorption system such as a carbon
canister that does not regenerate the carbon bed directly onsite in the control
device shall replace the existing carbon in the control device with fresh
carbon on a regular basis by using one of the following procedures:
(1) Monitor the concentration level of the
organic compounds in the exhaust vent stream from the carbon adsorption system
on a regular schedule and replace the existing carbon with fresh carbon
immediately when carbon breakthrough is indicated. The monitoring frequency
shall be daily or at an interval no greater than 20 percent of the time
required to consume the total carbon working capacity established as a
requirement of § 261.1035(b)(4)(iii)(G), whichever is longer.
(2) Replace the existing carbon with fresh
carbon at a regular, predetermined time interval that is less than the design
carbon replacement interval established as a requirement of § 261.1035
(b)(4)(iii)(G).
(i) A
remanufacturer or other person that stores or treats hazardous secondary
material at an affected facility seeking to comply with the provisions of this
Section by using a control device other than a thermal vapor incinerator,
catalytic vapor incinerator, flare, boiler, process heater, condenser, or
carbon adsorption system is required to develop documentation including
sufficient information to describe the control device operation and identify
the process parameter or parameters that indicate proper operation and
maintenance of the control device.
(j) A closed-vent system shall meet either of
the following design requirements:
(1) A
closed-vent system shall be designed to operate with no detectable emissions,
as indicated by an instrument reading of less than 500 ppmv above background as
determined by the procedure in § 261.1034(b) of this subsection, and by
visual inspections; or
(2) A
closed-vent system shall be designed to operate at a pressure below atmospheric
pressure. The system shall be equipped with at least one pressure gauge or
other pressure measurement device that can be read from a readily accessible
location to verify that negative pressure is being maintained in the
closed-vent system when the control device is operating.
(k) The remanufacturer or other person that
stores or treats hazardous secondary material shall monitor and inspect each
closed-vent system required to comply with this section to ensure proper
operation and maintenance of the closed-vent system by implementing the
following requirements:
(1) Each closed-vent
system that is used to comply with paragraph (j)(1) of this section shall be
inspected and monitored in accordance with the following requirements:
(i) An initial leak detection monitoring of
the closed-vent system shall be conducted by the remanufacturer or other person
that stores or treats the hazardous secondary material on or before the date
that the system becomes subject to this section. The remanufacturer or other
person that stores or treats the hazardous secondary material shall monitor the
closed-vent system components and connections using the procedures specified in
§ 261.1034(b) of this subsection to demonstrate that the closed-vent
system operates with no detectable emissions, as indicated by an instrument
reading of less than 500 ppmv above background.
(ii) After initial leak detection monitoring
required in paragraph (k)(1)(i) of this section, the remanufacturer or other
person that stores or treats hazardous secondary material shall inspect and
monitor the closed-vent system as follows:
(A)
Closed-vent system joints, seams, or other connections that are permanently or
semi-permanently sealed (e.g., a welded joint between two sections of hard
piping or a bolted and gasketed ducting flange) shall be visually inspected at
least once per year to check for defects that could result in air pollutant
emissions. The remanufacturer or other person that stores or treats hazardous
secondary material shall monitor a component or connection using the procedures
specified in § 261.1034(b) of this subsection to demonstrate that it
operates with no detectable emissions following any time the component is
repaired or replaced (e.g., a section of damaged hard piping is replaced with
new hard piping) or the connection is unsealed (e.g., a flange is
unbolted).
(B) Closed-vent system
components or connections other than those specified in paragraph (k)(1)(ii)(A)
of this section shall be monitored annually and at other times as requested by
the Director, except as provided for in paragraph (n) of this section, using
the procedures specified in § 261.1034(b) of this subsection to
demonstrate that the components or connections operate with no detectable
emissions.
(iii) In the
event that a defect or leak is detected, the remanufacturer or other person
that stores or treats hazardous secondary material shall repair the defect or
leak in accordance with the requirements of paragraph (k)(3) of this
section.
(iv) The remanufacturer or
other person shall maintain a record of the inspection and monitoring in
accordance with the requirements specified in § 261.1035 of this
subsection.
(2) Each
closed-vent system that is used to comply with paragraph (j)(2) of this section
shall be inspected and monitored in accordance with the following requirements:
(i) The closed-vent system shall be visually
inspected by the remanufacturer or other person that stores or treats the
hazardous secondary material to check for defects that could result in air
pollutant emissions. Defects include, but are not limited to, visible cracks,
holes, or gaps in ductwork or piping or loose connections.
(ii) The remanufacturer or other person that
stores or treats the hazardous secondary material shall perform an initial
inspection of the closed-vent system on or before the date that the system
becomes subject to this section. Thereafter, the remanufacturer or other person
that stores or treats the hazardous secondary material shall perform the
inspections at least once every year.
(iii) In the event that a defect or leak is
detected, the remanufacturer or other person that stores or treats the
hazardous secondary material shall repair the defect in accordance with the
requirements of paragraph (k)(3) of this section.
(iv) The remanufacturer or other person that
stores or treats the hazardous secondary material shall maintain a record of
the inspection and monitoring in accordance with the requirements specified in
§ 261.1035 of this subsection.
(3) The remanufacturer or other person that
stores or treats the hazardous secondary material shall repair all detected
defects as follows:
(i) Detectable emissions,
as indicated by visual inspection, or by an instrument reading greater than 500
ppmv above background, shall be controlled as soon as practicable, but not
later than 15 calendar days after the emission is detected, except as provided
for in paragraph (k)(3)(iii) of this section.
(ii) A first attempt at repair shall be made
no later than 5 calendar days after the emission is detected.
(iii) Delay of repair of a closed-vent system
for which leaks have been detected is allowed if the repair is technically
infeasible without a process unit shutdown, or if the remanufacturer or other
person that stores or treats the hazardous secondary material determines that
emissions resulting from immediate repair would be greater than the fugitive
emissions likely to result from delay of repair. Repair of such equipment shall
be completed by the end of the next process unit shutdown.
(iv) The remanufacturer or other person that
stores or treats the hazardous secondary material shall maintain a record of
the defect repair in accordance with the requirements specified in §
261.1035 of this subsection.
(l) Closed-vent systems and control devices
used to comply with provisions of this subsection shall be operated at all
times when emissions may be vented to them.
(m) The remanufacturer or other person using
a carbon adsorption system to control air pollutant emissions shall document
that all carbon that is a hazardous secondary material and that is removed from
the control device is managed in one of the following manners, regardless of
the average volatile organic concentration of the carbon:
(1) Regenerated or reactivated in a thermal
treatment unit that meets one of the following:
(i) [Reserved]
(ii) [Reserved]
(iii) The unit is equipped with and operating
air emission controls in accordance with a national emission standard for
hazardous air pollutants under 40 CFR part 61 or 40 CFR Part 63 .
(2) Incinerated in a hazardous
secondary materials incinerator for which the owner or operator either:
(i) [Reserved]
(ii) Has designed and operates the
incinerator in accordance with the interim status requirements of subsection O
of this section.
(3)
Burned in a boiler or industrial furnace for which the remanufacturer or other
person either:
(i) Has been issued a final
permit under § 270 which implements the requirements of § 266,
subsection H; or
(ii) Has designed
and operates the boiler or industrial furnace in accordance with the interim
status requirements of § 266, subsection H.
(n) Any components of a closed-vent system
that are designated, as described in § 261.1035(c)(9) of this subsection,
as unsafe to monitor are exempt from the requirements of paragraph
(k)(1)(ii)(B) of this section if:
(1) The
remanufacturer or other person that stores or treats the hazardous secondary
material in a hazardous secondary material management unit using a closed-vent
system determines that the components of the closed-vent system are unsafe to
monitor because monitoring personnel would be exposed to an immediate danger as
a consequence of complying with paragraph (k)(1)(ii)(B) of this section;
and
(2) The remanufacturer or other
person that stores or treats the hazardous secondary material in a hazardous
secondary material management unit using a closed-vent system adheres to a
written plan that requires monitoring the closed-vent system components using
the procedure specified in paragraph (k)(1)(ii)(B) of this section as
frequently as practicable during safe-to-monitor
times.
§
261.1034
Test methods and procedures.
(a) Each remanufacturer or other person that
stores or treats the hazardous secondary material subject to the provisions of
this Subsection shall comply with the test methods and procedures requirements
provided in this section.
(b) When
a closed-vent system is tested for compliance with no detectable emissions, as
required in § 261.1033(k) of this subsection, the test shall comply with
the following requirements:
(1) Monitoring
shall comply with Reference Method 21 in 40 CFR part 60.
(2) The detection instrument shall meet the
performance criteria of Reference Method 21.
(3) The instrument shall be calibrated before
use on each day of its use by the procedures specified in Reference Method
21.
(4) Calibration gases shall be:
(i) Zero air (less than 10 ppm of hydrocarbon
in air).
(ii) A mixture of methane
or n-hexane and air at a concentration of approximately, but less than, 10,000
ppm methane or n-hexane.
(5) The background level shall be determined
as set forth in Reference Method 21.
(6) The instrument probe shall be traversed
around all potential leak interfaces as close to the interface as possible as
described in Reference Method 21.
(7) The arithmetic difference between the
maximum concentration indicated by the instrument and the background level is
compared with 500 ppm for determining compliance.
(c) Performance tests to determine compliance
with § 261.1032(a) and with the total organic compound concentration limit
of § 261.1033(c) shall comply with the following:
(1) Performance tests to determine total
organic compound concentrations and mass flow rates entering and exiting
control devices shall be conducted and data reduced in accordance with the
following reference methods and calculation procedures:
(i) Method 2 in 40 CFR part 60 for velocity
and volumetric flow rate.
(ii)
Method 18 or Method 25A in 40 CFR part 60 for organic content. If Method 25A is
used, the organic HAP used as the calibration gas must be the single organic
HAP representing the largest percent by volume of the emissions. The use of
Method 25A is acceptable if the response from the high-level calibration gas is
at least 20 times the standard deviation of the response from the zero
calibration gas when the instrument is zeroed on the most sensitive
scale.
(iii) Each performance test
shall consist of three separate runs; each run conducted for at least 1 hour
under the conditions that exist when the hazardous secondary materials
management unit is operating at the highest load or capacity level reasonably
expected to occur. For the purpose of determining total organic compound
concentrations and mass flow rates, the average of results of all runs shall
apply. The average shall be computed on a time-weighted basis.
(iv) Total organic mass flow rates shall be
determined by the following equation:
(A) For
sources utilizing Method 18:
where:
Eh=Total organic mass flow rate, kg/h;
Q2sd=Volumetric flow rate of gases entering or exiting control device, as determined by Method 2, dscm/h;
n=Number of organic compounds in the vent gas;
Ci=Organic concentration in ppm, dry basis, of compound in the vent gas, as determined by Method 18;
MWi=Molecular weight of organic compound in the vent gas, kg/kg-mol;
0. 0416=Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760 mm Hg);
10-6=Conversion from ppm.
(B) For sources utilizing Method
25A.
Where:
Eh = Total organic mass flow rate, kg/h;
Q = Volumetric flow rate of gases entering or exiting control device, as determined by Method 2, dscm/h;
C = Organic concentration in ppm, dry basis, as determined by Method 25A;
MW = Molecular weight of propane, 44;
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760 mm Hg);
10-6 = Conversion from ppm.
(v) The annual total
organic emission rate shall be determined by the following equation:
where:
EA=Total organic mass emission rate, kg/y;
Eh=Total organic mass flow rate for the process vent, kg/h;
H=Total annual hours of operations for the affected unit, h.
(vi) Total organic
emissions from all affected process vents at the facility shall be determined
by summing the hourly total organic mass emission rates (Eh, as determined in
paragraph (c)(1)(iv) of this section) and by summing the annual total organic
mass emission rates (EA, as determined in paragraph (c)(1)(v) of this section)
for all affected process vents at the facility.
(2) The remanufacturer or other person that
stores or treats the hazardous secondary material shall record such process
information as may be necessary to determine the conditions of the performance
tests. Operations during periods of startup, shutdown, and malfunction shall
not constitute representative conditions for the purpose of a performance
test.
(3) The remanufacturer or
other person that stores or treats the hazardous secondary material at an
affected facility shall provide, or cause to be provided, performance testing
facilities as follows:
(i) Sampling ports
adequate for the test methods specified in paragraph (c)(1) of this
section.
(ii) Safe sampling
platform(s).
(iii) Safe access to
sampling platform(s).
(iv)
Utilities for sampling and testing equipment.
(4) For the purpose of making compliance
determinations, the time-weighted average of the results of the three runs
shall apply. In the event that a sample is accidentally lost or conditions
occur in which one of the three runs must be discontinued because of forced
shutdown, failure of an irreplaceable portion of the sample train, extreme
meteorological conditions, or other circumstances beyond the remanufacturer's
or other person's that stores or treats the hazardous secondary material
control, compliance may, upon the Director's approval, be determined using the
average of the results of the two other runs.
(d) To show that a process vent associated
with a hazardous secondary materials distillation, fractionation, thin-film
evaporation, solvent extraction, or air or steam stripping operation is not
subject to the requirements of this Subsection, the owner or operator must make
an initial determination that the time-weighted, annual average total organic
concentration of the waste managed by the waste management unit is less than 10
ppmw using one of the following two methods:
(1) Direct measurement of the organic
concentration of the waste using the following procedures:
(i) The remanufacturer or other person that
stores or treats the hazardous secondary material must take a minimum of four
grab samples of waste for each waste stream managed in the affected unit under
process conditions expected to cause the maximum waste organic
concentration.
(ii) For waste
generated onsite, the grab samples must be collected at a point before the
waste is exposed to the atmosphere such as in an enclosed pipe or other closed
system that is used to transfer the waste after generation to the first
affected distillation fractionation, thin-film evaporation, solvent extraction,
or air or steam stripping operation. For waste generated offsite, the grab
samples must be collected at the inlet to the first waste management unit that
receives the waste provided the waste has been transferred to the facility in a
closed system such as a tank truck and the waste is not diluted or mixed with
other waste.
(iii) Each sample
shall be analyzed and the total organic concentration of the sample shall be
computed using Method 9060A (incorporated by reference under § 260.11) of
''Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA
Publication SW-846; or analyzed for its individual organic
constituents.
(iv) The arithmetic
mean of the results of the analyses of the four samples shall apply for each
waste stream managed in the unit in determining the time-weighted, annual
average total organic concentration of the waste. The time-weighted average is
to be calculated using the annual quantity of each waste stream processed and
the mean organic concentration of each waste stream managed in the
unit.
(2) Using knowledge
of the waste to determine that its total organic concentration is less than 10
ppmw. Documentation of the waste determination is required. Examples of
documentation that shall be used to support a determination under this
provision include production process information documenting that no organic
compounds are used, information that the waste is generated by a process that
is identical to a process at the same or another facility that has previously
been demonstrated by direct measurement to generate a waste stream having a
total organic content less than 10 ppmw, or prior speciation analysis results
on the same waste stream where it can also be documented that no process
changes have occurred since that analysis that could affect the waste total
organic concentration.
(e) The determination that distillation
fractionation, thin-film evaporation, solvent extraction, or air or steam
stripping operations manage hazardous secondary materials with time-weighted
annual average total organic concentrations less than 10 ppmw shall be made as
follows:
(1) By the effective date that the
facility becomes subject to the provisions of this Subsection or by the date
when the waste is first managed in a waste management unit, whichever is later;
and
(2) For continuously generated
waste, annually; or
(3) Whenever
there is a change in the waste being managed or a change in the process that
generates or treats the waste.
(f) When a remanufacturer or other person
that stores or treats the hazardous secondary material and the Director do not
agree on whether a distillation, fractionation, thin-film evaporation, solvent
extraction, or air or steam stripping operation manages a hazardous secondary
materials with organic concentrations of at least 10 ppmw based on knowledge of
the waste, the dispute may be resolved using direct measurement as specified at
paragraph (d)(1) of this subsection.
§ 261.1035
Recordkeeping
requirements
(a)
(1) Each remanufacturer or other person that
stores or treats the hazardous secondary material subject to the provisions of
this Subsection shall comply with the recordkeeping requirements of this
section.
(2) A remanufacturer or
other person that stores or treats the hazardous secondary material of more
than one hazardous secondary materials management unit subject to the
provisions of this Subsection may comply with the recordkeeping requirements
for these hazardous secondary materials management units in one recordkeeping
system if the system identifies each record by each hazardous secondary
materials management unit.
(b) The remanufacturer or other person that
stores or treats the hazardous secondary material must record the following
information in the facility operating record:
(1) For facilities that comply with the
provisions of § 261.1033(a)(2), an implementation schedule that includes
dates by which the closed-vent system and control device will be installed and
in operation. The schedule must also include a rationale of why the
installation cannot be completed at an earlier date. The implementation
schedule must be in the facility operating record by the effective date that
the facility becomes subject to the provisions of this Subsection.
(2) Up-to-date documentation of compliance
with the process vent standards in § 261.1032, including:
(i) Information and data identifying all
affected process vents, annual throughput and operating hours of each affected
unit, estimated emission rates for each affected vent and for the overall
facility (i.e., the total emissions for all affected vents at the facility),
and the approximate location within the facility of each affected unit (e.g.,
identify the hazardous secondary materials management units on a facility plot
plan); and
(ii) Information and
data supporting determinations of vent emissions and emission reductions
achieved by add-on control devices based on engineering calculations or source
tests. For the purpose of determining compliance, determinations of vent
emissions and emission reductions must be made using operating parameter values
(e.g., temperatures, flow rates or vent stream organic compounds and
concentrations) that represent the conditions that result in maximum organic
emissions, such as when the waste management unit is operating at the highest
load or capacity level reasonably expected to occur. If the remanufacturer or
other person that stores or treats the hazardous secondary material takes any
action (e.g., managing a waste of different composition or increasing operating
hours of affected waste management units) that would result in an increase in
total organic emissions from affected process vents at the facility, then a new
determination is required.
(3) Where a remanufacturer or other person
that stores or treats the hazardous secondary material chooses to use test data
to determine the organic removal efficiency or total organic compound
concentration achieved by the control device, a performance test plan. The test
plan must include:
(i) A description of how
it is determined that the planned test is going to be conducted when the
hazardous secondary materials management unit is operating at the highest load
or capacity level reasonably expected to occur. This shall include the
estimated or design flow rate and organic content of each vent stream and
define the acceptable operating ranges of key process and control device
parameters during the test program.
(ii) A detailed engineering description of
the closed-vent system and control device including:
(A) Manufacturer's name and model number of
control device.
(B) Type of control
device.
(C) Dimensions of the
control device.
(D)
Capacity.
(E) Construction
materials.
(iii) A
detailed description of sampling and monitoring procedures, including sampling
and monitoring locations in the system, the equipment to be used, sampling and
monitoring frequency, and planned analytical procedures for sample
analysis.
(4)
Documentation of compliance with § 261.1033 shall include the following
information:
(i) A list of all information
references and sources used in preparing the documentation.
(ii) Records, including the dates, of each
compliance test required by § 261.1033(j).
(iii) If engineering calculations are used, a
design analysis, specifications, drawings, schematics, and piping and
instrumentation diagrams based on the appropriate sections of "APTI Course 415:
Control of Gaseous Emissions" (incorporated by reference as specified in §
260.11) or other engineering texts acceptable to the Director that present
basic control device design information. Documentation provided by the control
device manufacturer or vendor that describes the control device design in
accordance with paragraphs (b)(4)(iii)(A) through (b)(4)(iii)(G) of this
section may be used to comply with this requirement. The design analysis shall
address the vent stream characteristics and control device operation parameters
as specified below.
(A) For a thermal vapor
incinerator, the design analysis shall consider the vent stream composition,
constituent concentrations, and flow rate. The design analysis shall also
establish the design minimum and average temperature in the combustion zone and
the combustion zone residence time.
(B) For a catalytic vapor incinerator, the
design analysis shall consider the vent stream composition, constituent
concentrations, and flow rate. The design analysis shall also establish the
design minimum and average temperatures across the catalyst bed inlet and
outlet.
(C) For a boiler or process
heater, the design analysis shall consider the vent stream composition,
constituent concentrations, and flow rate. The design analysis shall also
establish the design minimum and average flame zone temperatures, combustion
zone residence time, and description of method and location where the vent
stream is introduced into the combustion zone.
(D) For a flare, the design analysis shall
consider the vent stream composition, constituent concentrations, and flow
rate. The design analysis shall also consider the requirements specified in
§ 261.1033(d).
(E) For a
condenser, the design analysis shall consider the vent stream composition,
constituent concentrations, flow rate, relative humidity, and temperature. The
design analysis shall also establish the design outlet organic compound
concentration level, design average temperature of the condenser exhaust vent
stream, and design average temperatures of the coolant fluid at the condenser
inlet and outlet.
(F) For a carbon
adsorption system such as a fixed-bed adsorber that regenerates the carbon bed
directly onsite in the control device, the design analysis shall consider the
vent stream composition, constituent concentrations, flow rate, relative
humidity, and temperature. The design analysis shall also establish the design
exhaust vent stream organic compound concentration level, number and capacity
of carbon beds, type and working capacity of activated carbon used for carbon
beds, design total steam flow over the period of each complete carbon bed
regeneration cycle, duration of the carbon bed steaming and cooling/drying
cycles, design carbon bed temperature after regeneration, design carbon bed
regeneration time, and design service life of carbon.
(G) For a carbon adsorption system such as a
carbon canister that does not regenerate the carbon bed directly onsite in the
control device, the design analysis shall consider the vent stream composition,
constituent concentrations, flow rate, relative humidity, and temperature. The
design analysis shall also establish the design outlet organic concentration
level, capacity of carbon bed, type and working capacity of activated carbon
used for carbon bed, and design carbon replacement interval based on the total
carbon working capacity of the control device and source operating
schedule.
(iv) A
statement signed and dated by the remanufacturer or other person that stores or
treats the hazardous secondary material certifying that the operating
parameters used in the design analysis reasonably represent the conditions that
exist when the hazardous secondary materials management unit is or would be
operating at the highest load or capacity level reasonably expected to
occur.
(v) A statement signed and
dated by the remanufacturer or other person that stores or treats the hazardous
secondary material certifying that the control device is designed to operate at
an efficiency of 95 percent or greater unless the total organic concentration
limit of § 261.1032(a) is achieved at an efficiency less than 95 weight
percent or the total organic emission limits of § 261.1032(a) for affected
process vents at the facility can be attained by a control device involving
vapor recovery at an efficiency less than 95 weight percent. A statement
provided by the control device manufacturer or vendor certifying that the
control equipment meets the design specifications may be used to comply with
this requirement.
(vi) If
performance tests are used to demonstrate compliance, all test
results.
(c)
Design documentation and monitoring, operating, and inspection information for
each closed-vent system and control device required to comply with the
provisions of this Section shall be recorded and kept up-to-date in the
facility operating record. The information shall include:
(1) Description and date of each modification
that is made to the closed-vent system or control device design.
(2) Identification of operating parameter,
description of monitoring device, and diagram of monitoring sensor location or
locations used to comply with § 261.1033(f)(1) and (f)(2).
(3) Monitoring, operating and inspection
information required by paragraphs (f) through (k) of § 261.1033 of this
subsection.
(4) Date, time, and
duration of each period that occurs while the control device is operating when
any monitored parameter exceeds the value established in the control device
design analysis as specified below:
(i) For a
thermal vapor incinerator designed to operate with a minimum residence time of
0.50 seconds at a minimum temperature of 760°C, period when the combustion
temperature is below 760°C.
(ii) For a thermal vapor incinerator designed
to operate with an organic emission reduction efficiency of 95 percent or
greater, period when the combustion zone temperature is more than 28°C
below the design average combustion zone temperature established as a
requirement of paragraph (b)(4)(iii)(A) of this section.
(iii) For a catalytic vapor incinerator,
period when:
(A) Temperature of the vent
stream at the catalyst bed inlet is more than 28°C below the average
temperature of the inlet vent stream established as a requirement of paragraph
(b)(4)(iii)(B) of this section; or
(B) Temperature difference across the
catalyst bed is less than 80 percent of the design average temperature
difference established as a requirement of paragraph (b)(4)(iii)(B) of this
section.
(iv) For a
boiler or process heater, period when:
(A)
Flame zone temperature is more than 28°C below the design average flame
zone temperature established as a requirement of paragraph (b)(4)(iii)(C) of
this section; or
(B) Position
changes where the vent stream is introduced to the combustion zone from the
location established as a requirement of paragraph (b)(4)(iii)(C) of this
section.
(v) For a flare,
period when the pilot flame is not ignited.
(vi) For a condenser that complies with
§ 261.1033(f)(2)(vi)(A), period when the organic compound concentration
level or readings of organic compounds in the exhaust vent stream from the
condenser are more than 20 percent greater than the design outlet organic
compound concentration level established as a requirement of paragraph
(b)(4)(iii)(E) of this section.
(vii) For a condenser that complies with
§ 261.1033(f)(2)(vi)(B), period when:
(A) Temperature of the exhaust vent stream
from the condenser is more than 6 °C above the design average exhaust vent
stream temperature established as a requirement of paragraph (b)(4)(iii)(E) of
this section; or
(B) Temperature of
the coolant fluid exiting the condenser is more than 6 °C above the design
average coolant fluid temperature at the condenser outlet established as a
requirement of paragraph (b)(4)(iii)(E) of this section.
(viii) For a carbon adsorption system such as
a fixed-bed carbon adsorber that regenerates the carbon bed directly onsite in
the control device and complies with § 261.1033(f)(2) (vii)(A), period
when the organic compound concentration level or readings of organic compounds
in the exhaust vent stream from the carbon bed are more than 20 percent greater
than the design exhaust vent stream organic compound concentration level
established as a requirement of paragraph (b)(4)(iii)(F) of this
section.
(ix) For a carbon
adsorption system such as a fixed-bed carbon adsorber that regenerates the
carbon bed directly onsite in the control device and complies with §
261.1033 (f)(2)(vii)(B), period when the vent stream continues to flow through
the control device beyond the predetermined carbon bed regeneration time
established as a requirement of paragraph (b)(4)(iii)(F) of this
section.
(5) Explanation
for each period recorded under paragraph (c)(4) of this section of the cause
for control device operating parameter exceeding the design value and the
measures implemented to correct the control device operation.
(6) For carbon adsorption systems operated
subject to requirements specified in § 261.1033(g) or §
261.1033(h)(2), date when existing carbon in the control device is replaced
with fresh carbon.
(7) For carbon
adsorption systems operated subject to requirements specified in §
261.1033(h)(1), a log that records:
(i) Date
and time when control device is monitored for carbon breakthrough and the
monitoring device reading.
(ii)
Date when existing carbon in the control device is replaced with fresh
carbon.
(8) Date of each
control device startup and shutdown.
(9) A remanufacturer or other person that
stores or treats the hazardous secondary material designating any components of
a closed-vent system as unsafe to monitor pursuant to § 261.1033(n) of
this subsection shall record in a log that is kept in the facility operating
record the identification of closed-vent system components that are designated
as unsafe to monitor in accordance with the requirements of § 261.1033(n)
of this subsection, an explanation for each closed-vent system component
stating why the closed-vent system component is unsafe to monitor, and the plan
for monitoring each closed-vent system component.
(10) When each leak is detected as specified
in § 261.1033(k) of this subsection, the following information shall be
recorded:
(i) The instrument identification
number, the closed-vent system component identification number, and the
operator name, initials, or identification number.
(ii) The date the leak was detected and the
date of first attempt to repair the leak.
(iii) The date of successful repair of the
leak.
(iv) Maximum instrument
reading measured by Method 21 of 40 CFR part 60, appendix A after it is
successfully repaired or determined to be nonrepairable.
(v) "Repair delayed" and the reason for the
delay if a leak is not repaired within 15 calendar days after discovery of the
leak.
(A) The remanufacturer or other person
that stores or treats the hazardous secondary material may develop a written
procedure that identifies the conditions that justify a delay of repair. In
such cases, reasons for delay of repair may be documented by citing the
relevant sections of the written procedure.
(B) If delay of repair was caused by
depletion of stocked parts, there must be documentation that the spare parts
were sufficiently stocked on-site before depletion and the reason for
depletion.
(d) Records of the monitoring, operating, and
inspection information required by paragraphs (c)(3) through (c)(10) of this
section shall be maintained by the remanufacturer or other person that stores
or treats the hazardous secondary material for at least 3 years following the
date of each occurrence, measurement, maintenance, corrective action, or
record.
(e) For a control device
other than a thermal vapor incinerator, catalytic vapor incinerator, flare,
boiler, process heater, condenser, or carbon adsorption system, monitoring and
inspection information indicating proper operation and maintenance of the
control device must be recorded in the facility operating record.
(f) Up-to-date information and data used to
determine whether or not a process vent is subject to the requirements in
§ 261.1032 including supporting documentation as required by §
261.1034(d)(2) when application of the knowledge of the nature of the hazardous
secondary materials stream or the process by which it was produced is used,
shall be recorded in a log that is kept in the facility operating record.
§§ 261.1036 -
261.1049
[Reserved]
Subsection BB
-- Air Emission Standards
for Equipment Leaks
§ 261.1050
Applicability
(a) The rules in
this subsection apply to equipment that contains hazardous secondary materials
excluded under the remanufacturing exclusion at §261.4(a)(27), unless the
equipment operations are subject to the requirements of an applicable Clean Air
Act regulation codified under 40 CFR part 60, part 61, or part 63.
§ 261.1051
Definitions
As used in this Subsection, all terms shall have the meaning given them in § 261.1031, the Act, and Sections 260-266.
§ 261.1052
Standards: Pumps in
light liquid service
(a)
(1) Each pump in light liquid service shall
be monitored monthly to detect leaks by the methods specified in §
261.1063(b), except as provided in paragraphs (d), (e), and (f) of this
section.
(2) Each pump in light
liquid service shall be checked by visual inspection each calendar week for
indications of liquids dripping from the pump seal.
(b)
(1) If
an instrument reading of 10,000 ppm or greater is measured, a leak is
detected.
(2) If there are
indications of liquids dripping from the pump seal, a leak is
detected.
(c)
(1) When a leak is detected, it shall be
repaired as soon as practicable, but not later than 15 calendar days after it
is detected, except as provided in § 261.1059.
(2) A first attempt at repair (e.g.,
tightening the packing gland) shall be made no later than 5 calendar days after
each leak is detected.
(d) Each pump equipped with a dual mechanical
seal system that includes a barrier fluid system is exempt from the
requirements of paragraph (a), provided the following requirements are met:
(1) Each dual mechanical seal system must be:
(i) Operated with the barrier fluid at a
pressure that is at all times greater than the pump stuffing box pressure,
or
(ii) Equipped with a barrier
fluid degassing reservoir that is connected by a closed-vent system to a
control device that complies with the requirements of § 261.1060,
or
(iii) Equipped with a system
that purges the barrier fluid into a hazardous secondary materials stream with
no detectable emissions to the atmosphere.
(2) The barrier fluid system must not be a
hazardous secondary materials with organic concentrations 10 percent or greater
by weight.
(3) Each barrier fluid
system must be equipped with a sensor that will detect failure of the seal
system, the barrier fluid system or both.
(4) Each pump must be checked by visual
inspection, each calendar week, for indications of liquids dripping from the
pump seals.
(5)
(i) Each sensor as described in paragraph
(d)(3) of this section must be checked daily or be equipped with an audible
alarm that must be checked monthly to ensure that it is functioning
properly.
(ii) The remanufacturer
or other person that stores or treats the hazardous secondary material must
determine, based on design considerations and operating experience, a criterion
that indicates failure of the seal system, the barrier fluid system, or
both.
(6)
(i) If there are indications of liquids
dripping from the pump seal or the sensor indicates failure of the seal system,
the barrier fluid system, or both based on the criterion determined in
paragraph (d)(5)(ii) of this section, a leak is detected.
(ii) When a leak is detected, it shall be
repaired as soon as practicable, but not later than 15 calendar days after it
is detected, except as provided in § 261.1059.
(iii) A first attempt at repair (e.g.,
relapping the seal) shall be made no later than 5 calendar days after each leak
is detected.
(e) Any pump that is designated, as described
in § 261.1064(g)(2), for no detectable emissions, as indicated by an
instrument reading of less than 500 ppm above background, is exempt from the
requirements of paragraphs (a), (c), and (d) of this section if the pump meets
the following requirements:
(1) Must have no
externally actuated shaft penetrating the pump housing.
(2) Must operate with no detectable emissions
as indicated by an instrument reading of less than 500 ppm above background as
measured by the methods specified in § 261.1063(c).
(3) Must be tested for compliance with
paragraph (e)(2) of this section initially upon designation, annually, and at
other times as requested by the Director.
(f) If any pump is equipped with a
closed-vent system capable of capturing and transporting any leakage from the
seal or seals to a control device that complies with the requirements of §
261.1060, it is exempt from the requirements of paragraphs (a) through (e) of
this section.
§
261.1053
Standards: Compressors
(a) Each compressor shall be equipped with a
seal system that includes a barrier fluid system and that prevents leakage of
total organic emissions to the atmosphere, except as provided in paragraphs (h)
and (i) of this section.
(b) Each
compressor seal system as required in paragraph (a) of this section shall be:
(1) Operated with the barrier fluid at a
pressure that is at all times greater than the compressor stuffing box
pressure, or
(2) Equipped with a
barrier fluid system that is connected by a closed-vent system to a control
device that complies with the requirements of § 261.1060, or
(3) Equipped with a system that purges the
barrier fluid into a hazardous secondary materials stream with no detectable
emissions to atmosphere.
(c) The barrier fluid must not be a hazardous
secondary materials with organic concentrations 10 percent or greater by
weight.
(d) Each barrier fluid
system as described in paragraphs (a) through (c) of this section shall be
equipped with a sensor that will detect failure of the seal system, barrier
fluid system, or both.
(e)
(1) Each sensor as required in paragraph (d)
of this section shall be checked daily or shall be equipped with an audible
alarm that must be checked monthly to ensure that it is functioning properly
unless the compressor is located within the boundary of an unmanned plant site,
in which case the sensor must be checked daily.
(2) The remanufacturer or other person that
stores or treats the hazardous secondary material shall determine, based on
design considerations and operating experience, a criterion that indicates
failure of the seal system, the barrier fluid system or both.
(f) If the sensor indicates
failure of the seal system, the barrier fluid system, or both based on the
criterion determined under paragraph (e)(2) of this section, a leak is
detected.
(g)
(1) When a leak is detected, it shall be
repaired as soon as practicable, but not later than 15 calendar days after it
is detected, except as provided in § 261.1059.
(2) A first attempt at repair (e.g.,
tightening the packing gland) shall be made no later than 5 calendar days after
each leak is detected.
(h) A compressor is exempt from the
requirements of paragraphs (a) and (b) of this section if it is equipped with a
closed-vent system capable of capturing and transporting any leakage from the
seal to a control device that complies with the requirements of §
261.1060, except as provided in paragraph (i) of this section.
(i) Any compressor that is designated, as
described in § 261.1064(g)(2), for no detectable emission as indicated by
an instrument reading of less than 500 ppm above background is exempt from the
requirements of paragraphs (a) through (h) of this section if the compressor:
(1) Is determined to be operating with no
detectable emissions, as indicated by an instrument reading of less than 500
ppm above background, as measured by the method specified in §
261.1063(c).
(2) Is tested for
compliance with paragraph (i)(1) of this section initially upon designation,
annually, and at other times as requested by the Director.
§ 261.1054
Standards:
Pressure relief devices in gas/vapor service
(a) Except during pressure releases, each
pressure relief device in gas/vapor service shall be operated with no
detectable emissions, as indicated by an instrument reading of less than 500
ppm above background, as measured by the method specified in §
261.1063(c).
(b)
(1) After each pressure release, the pressure
relief device shall be returned to a condition of no detectable emissions, as
indicated by an instrument reading of less than 500 ppm above background, as
soon as practicable, but no later than 5 calendar days after each pressure
release, except as provided in § 261.1059.
(2) No later than 5 calendar days after the
pressure release, the pressure relief device shall be monitored to confirm the
condition of no detectable emissions, as indicated by an instrument reading of
less than 500 ppm above background, as measured by the method specified in
§ 261.1063(c).
(c)
Any pressure relief device that is equipped with a closed-vent system capable
of capturing and transporting leakage from the pressure relief device to a
control device as described in § 261.1060 is exempt from the requirements
of paragraphs (a) and (b) of this section.
§ 261.1055
Standards: Sampling
connecting systems
(a) Each sampling
connection system shall be equipped with a closed-purge, closed-loop, or
closed-vent system. This system shall collect the sample purge for return to
the process or for routing to the appropriate treatment system. Gases displaced
during filling of the sample container are not required to be collected or
captured.
(b) Each closed-purge,
closed-loop, or closed-vent system as required in paragraph (a) of this section
shall:
(1) Return the purged process fluid
directly to the process line; or
(2) Collect and recycle the purged process
fluid; or
(3) Be designed and
operated to capture and transport all the purged process fluid to a waste
management unit that complies with the applicable requirements of §
261.1085 through § 261.1087 of this subsection or a control device that
complies with the requirements of § 261.1060 of this subsection.
(c) In-situ sampling systems and
sampling systems without purges are exempt from the requirements of paragraphs
(a) and (b) of this section.
§
261.1056
Standards: Open-ended valves or lines
(a)
(1)
Each open-ended valve or line shall be equipped with a cap, blind flange, plug,
or a second valve.
(2) The cap,
blind flange, plug, or second valve shall seal the open end at all times except
during operations requiring hazardous secondary materials stream flow through
the open-ended valve or line.
(b) Each open-ended valve or line equipped
with a second valve shall be operated in a manner such that the valve on the
hazardous secondary materials stream end is closed before the second valve is
closed.
(c) When a double block and
bleed system is being used, the bleed valve or line may remain open during
operations that require venting the line between the block valves but shall
comply with paragraph (a) of this section at all other times.
§ 261.1057
Standards:
Valves in gas/vapor service or in light liquid service
(a) Each valve in gas/vapor or light liquid
service shall be monitored monthly to detect leaks by the methods specified in
§ 261.1063(b) and shall comply with paragraphs (b) through (e) of this
section, except as provided in paragraphs (f), (g), and (h) of this section'
and §§ 261.1061 and 261.1062.
(b) If an instrument reading of 10,000 ppm or
greater is measured, a leak is detected.
(c)
(1) Any
valve for which a leak is not detected for two successive months may be
monitored the first month of every succeeding quarter, beginning with the next
quarter, until a leak is detected.
(2) If a leak is detected, the valve shall be
monitored monthly until a leak is not detected for 2 successive
months.
(d)
(1) When a leak is detected, it shall be
repaired as soon as practicable, but no later than 15 calendar days after the
leak is detected, except as provided in § 261.1059.
(2) A first attempt at repair shall be made
no later than 5 calendar days after each leak is detected.
(e) First attempts at repair include, but are
not limited to, the following best practices where practicable:
(1) Tightening of bonnet bolts.
(2) Replacement of bonnet bolts.
(3) Tightening of packing gland
nuts.
(4) Injection of lubricant
into lubricated packing.
(f) Any valve that is designated, as
described in § 261.1064(g)(2), for no detectable emissions, as indicated
by an instrument reading of less than 500 ppm above background, is exempt from
the requirements of paragraph (a) of this section if the valve:
(1) Has no external actuating mechanism in
contact with the hazardous secondary materials stream.
(2) Is operated with emissions less than 500
ppm above background as determined by the method specified in §
261.1063(c).
(3) Is tested for
compliance with paragraph (f)(2) of this section initially upon designation,
annually, and at other times as requested by the Director.
(g) Any valve that is designated, as
described in § 261.1064(h)(1), as an unsafe-to-monitor valve is exempt
from the requirements of paragraph (a) of this section if:
(1) The remanufacturer or other person that
stores or treats the hazardous secondary material of the valve determines that
the valve is unsafe to monitor because monitoring personnel would be exposed to
an immediate danger as a consequence of complying with paragraph (a) of this
section.
(2) The remanufacturer or
other person that stores or treats the hazardous secondary material of the
valve adheres to a written plan that requires monitoring of the valve as
frequently as practicable during safe-to-monitor times.
(h) Any valve that is designated, as
described in § 261.1064(h)(2), as a difficult-to-monitor valve is exempt
from the requirements of paragraph (a) of this section if:
(1) The remanufacturer or other person that
stores or treats the hazardous secondary material of the valve determines that
the valve cannot be monitored without elevating the monitoring personnel more
than 2 meters above a support surface.
(2) The hazardous secondary materials
management unit within which the valve is located was in operation before June
21, 1990.
(3) The owner or operator
of the valve follows a written plan that requires monitoring of the valve at
least once per calendar year.
§ 261.1058
Standards: Pumps and
valves in heavy liquid service, pressure relief devices in light liquid
service, and flanges and other connectors
(a) Pumps and valves in heavy liquid service,
pressure relief devices in light liquid or heavy liquid service, and flanges
and other connectors shall be monitored within 5 days by the method specified
in § 261.1063(b) if evidence of a potential leak is found by visual,
audible, olfactory, or any other detection method.
(b) If an instrument reading of 10,000 ppm or
greater is measured, a leak is detected.
(c)
(1)
When a leak is detected, it shall be repaired as soon as practicable, but not
later than 15 calendar days after it is detected, except as provided in §
261.1059.
(2) The first attempt at
repair shall be made no later than 5 calendar days after each leak is
detected.
(d) First
attempts at repair include, but are not limited to, the best practices
described under § 261.1057(e).
(e) Any connector that is inaccessible or is
ceramic or ceramic-lined (e.g., porcelain, glass, or glass-lined) is exempt
from the monitoring requirements of paragraph (a) of this section and from the
recordkeeping requirements of § 261.1064 of this subsection.
§ 261.1059
Standards:
Delay of repair
(a) Delay of repair of
equipment for which leaks have been detected will be allowed if the repair is
technically infeasible without a hazardous secondary materials management unit
shutdown. In such a case, repair of this equipment shall occur before the end
of the next hazardous secondary materials management unit shutdown.
(b) Delay of repair of equipment for which
leaks have been detected will be allowed for equipment that is isolated from
the hazardous secondary materials management unit and that does not continue to
contain or contact hazardous secondary materials with organic concentrations at
least 10 percent by weight.
(c)
Delay of repair for valves will be allowed if:
(1) The remanufacturer or other person that
stores or treats the hazardous secondary material determines that emissions of
purged material resulting from immediate repair are greater than the emissions
likely to result from delay of repair.
(2) When repair procedures are effected, the
purged material is collected and destroyed or recovered in a control device
complying with § 261.1060.
(d) Delay of repair for pumps will be allowed
if:
(1) Repair requires the use of a dual
mechanical seal system that includes a barrier fluid system.
(2) Repair is completed as soon as
practicable, but not later than 6 months after the leak was detected.
(e) Delay of repair beyond a
hazardous secondary materials management unit shutdown will be allowed for a
valve if valve assembly replacement is necessary during the hazardous secondary
materials management unit shutdown, valve assembly supplies have been depleted,
and valve assembly supplies had been sufficiently stocked before the supplies
were depleted. Delay of repair beyond the next hazardous secondary materials
management unit shutdown will not be allowed unless the next hazardous
secondary materials management unit shutdown occurs sooner than 6 months after
the first hazardous secondary materials management unit shutdown.
§ 261.1060
Standards:
Closed-vent systems and control devices
(a) Owners and operators of closed-vent
systems and control devices subject to this subsection shall comply with the
provisions of § 261.1033 of this section.
(b)
(1) The
remanufacturer or other person that stores or treats the hazardous secondary
material at an existing facility who cannot install a closed-vent system and
control device to comply with the provisions of this subsection on the
effective date that the facility becomes subject to the provisions of this
subsection must prepare an implementation schedule that includes dates by which
the closed-vent system and control device will be installed and in operation.
The controls must be installed as soon as possible, but the implementation
schedule may allow up to 30 months after the effective date that the facility
becomes subject to this subsection for installation and startup.
(2) Any units that begin operation after
December 21, 1990, and are subject to the provisions of this subsection when
operation begins, must comply with the rules immediately (i.e., must have
control devices installed and operating on startup of the affected unit); the
30-month implementation schedule does not apply.
(3) The remanufacturer or other person that
stores or treats the hazardous secondary material at any facility in existence
on the effective date of a statutory or EPA regulatory amendment that renders
the facility subject to this subsection shall comply with all requirements of
this subsection as soon as practicable but no later than 30 months after the
amendment's effective date. When control equipment required by this subsection
can not be installed and begin operation by the effective date of the
amendment, the facility owner or operator shall prepare an implementation
schedule that includes the following information: Specific calendar dates for
award of contracts or issuance of purchase orders for the control equipment,
initiation of on-site installation of the control equipment, completion of the
control equipment installation, and performance of any testing to demonstrate
that the installed equipment meets the applicable standards of this subsection.
The remanufacturer or other person that stores or treats the hazardous
secondary material shall enter the implementation schedule in the operating
record or in a permanent, readily available file located at the
facility.
(4) Owners and operators
of facilities and units that become newly subject to the requirements of this
subsection after December 8, 1997 due to an action other than those described
in paragraph (b)(3) of this section must comply with all applicable
requirements immediately (i.e., must have control devices installed and
operating on the date the facility or unit becomes subject to this subsection;
the 30-month implementation schedule does not apply).
§ 261.1061
Alternative
standards for valves in gas/vapor service or in light liquid service;
percentage of valves allowed to leak
(a) A remanufacturer or other person that
stores or treats the hazardous secondary material subject to the requirements
of § 261.1057 of this rule may elect to have all valves within a hazardous
secondary materials management unit comply with an alternative standard which
allows no greater than 2 percent of the valves to leak.
(b) The following requirements shall be met
if a remanufacturer or other person that stores or treats the hazardous
secondary material decides to comply with the alternative standard of allowing
2 percent of valves to leak:
(1) A performance
test as specified in paragraph (c) of this section shall be conducted initially
upon designation, annually, and at other times requested by the
Director.
(2) If a valve leak is
detected, it shall be repaired in accordance with § 261.1057(d) and
(e).
(c) Performance
tests shall be conducted in the following manner:
(1) All valves subject to the requirements in
§ 261.1057 within the hazardous secondary materials management unit shall
be monitored within 1 week by the methods specified in §
261.1063(b).
(2) If an instrument
reading of 10,000 ppm or greater is measured, a leak is detected.
(3) The leak percentage shall be determined
by dividing the number of valves subject to the requirements in § 261.1057
for which leaks are detected by the total number of valves subject to the
requirements in § 261.1057 within the hazardous secondary materials
management unit.
§
261.1062
Alternative standards for valves in gas/vapor or in
light liquid service; skip period leak detection and repair
(a) A remanufacturer or other person that
stores or treats the hazardous secondary material subject to the requirements
of § 261.1057 may elect for all valves within a hazardous secondary
materials management unit to comply with one of the alternative work practices
specified in paragraphs (b) (2) and (3) of this section.
(b)
(1) A
remanufacturer or other person that stores or treats the hazardous secondary
material shall comply with the requirements for valves, as described in §
261.1057, except as described in paragraphs (b)(2) and (b)(3) of this
section.
(2) After two consecutive
quarterly leak detection periods with the percentage of valves leaking equal to
or less than 2 percent, a remanufacturer or other person that stores or treats
the hazardous secondary material may begin to skip one of the quarterly leak
detection periods (i.e., monitor for leaks once every six months) for the
valves subject to the requirements in § 261.1057 of this
subsection.
(3) After five
consecutive quarterly leak detection periods with the percentage of valves
leaking equal to or less than 2 percent, a remanufacturer or other person that
stores or treats the hazardous secondary material may begin to skip three of
the quarterly leak detection periods (i.e., monitor for leaks once every year)
for the valves subject to the requirements in § 261.1057 of this
subsection.
(4) If the percentage
of valves leaking is greater than 2 percent, the remanufacturer or other person
that stores or treats the hazardous secondary material shall monitor monthly in
compliance with the requirements in § 261.1057, but may again elect to use
this section after meeting the requirements of § 261.1057(c)(1).
§ 261.1063
Test methods and procedures
(a)
Each remanufacturer or other person that stores or treats the hazardous
secondary material subject to the provisions of this Subsection shall comply
with the test methods and procedures requirements provided in this
section.
(b) Leak detection
monitoring, as required in §§ 261.1052-261.1062, shall comply with
the following requirements:
(1) Monitoring
shall comply with Reference Method 21 in 40 CFR part 60.
(2) The detection instrument shall meet the
performance criteria of Reference Method 21.
(3) The instrument shall be calibrated before
use on each day of its use by the procedures specified in Reference Method
21.
(4) Calibration gases shall be:
(i) Zero air (less than 10 ppm of hydrocarbon
in air).
(ii) A mixture of methane
or n-hexane and air at a concentration of approximately, but less than, 10,000
ppm methane or n-hexane.
(5) The instrument probe shall be traversed
around all potential leak interfaces as close to the interface as possible as
described in Reference Method 21.
(c) When equipment is tested for compliance
with no detectable emissions, as required in §§ 261.1052(e),
261.1053(i), 261.1054, and 261.1057(f), the test shall comply with the
following requirements:
(1) The requirements
of paragraphs (b) (1) through (4) of this section shall apply.
(2) The background level shall be determined,
as set forth in Reference Method 21.
(3) The instrument probe shall be traversed
around all potential leak interfaces as close to the interface as possible as
described in Reference Method 21.
(4) The arithmetic difference between the
maximum concentration indicated by the instrument and the background level is
compared with 500 ppm for determining compliance.
(d) In accordance with the waste analysis
plan required by § 261.13(b), a remanufacturer or other person that stores
or treats the hazardous secondary material of a facility must determine, for
each piece of equipment, whether the equipment contains or contacts a hazardous
secondary materials with organic concentration that equals or exceeds 10
percent by weight using the following:
(1)
Methods described in ASTM Methods D 2267-88, E 169-87, E 168-88, E 260-85
(incorporated by reference under § 260.11 of this rule);
(2) Method 9060A (incorporated by reference
under § 260.11 of this Rule) of ''Test Methods for Evaluating Solid
Waste,'' EPA Publication SW-846 or analyzed for its individual organic
constituents; or
(3) Application of
the knowledge of the nature of the hazardous secondary materials stream or the
process by which it was produced. Documentation of a waste determination by
knowledge is required. Examples of documentation that shall be used to support
a determination under this provision include production process information
documenting that no organic compounds are used, information that the waste is
generated by a process that is identical to a process at the same or another
facility that has previously been demonstrated by direct measurement to have a
total organic content less than 10 percent, or prior speciation analysis
results on the same waste stream where it can also be documented that no
process changes have occurred since that analysis that could affect the waste
total organic concentration.
(e) If a remanufacturer or other person that
stores or treats the hazardous secondary material determines that a piece of
equipment contains or contacts a hazardous secondary materials with organic
concentrations at least 10 percent by weight, the determination can be revised
only after following the procedures in paragraph (d)(1) or (d)(2) of this
section.
(f) When a remanufacturer
or other person that stores or treats the hazardous secondary material and the
Director do not agree on whether a piece of equipment contains or contacts a
hazardous secondary materials with organic concentrations at least 10 percent
by weight, the procedures in paragraph (d)(1) or (d)(2) of this section can be
used to resolve the dispute.
(g)
Samples used in determining the percent organic content shall be representative
of the highest total organic content hazardous secondary materials that is
expected to be contained in or contact the equipment.
(h) To determine if pumps or valves are in
light liquid service, the vapor pressures of constituents may be obtained from
standard reference texts or may be determined by ASTM D-2879-86 (incorporated
by reference under § 260.11).
(i) Performance tests to determine if a
control device achieves 95 weight percent organic emission reduction shall
comply with the procedures of § 261.1034 (c)(1) through (c)(4).
§ 261.1064
Recordkeeping requirements
(a)
(1) Each remanufacturer or other person that
stores or treats the hazardous secondary material subject to the provisions of
this Subsection shall comply with the recordkeeping requirements of this
section.
(2) A remanufacturer or
other person that stores or treats the hazardous secondary material in more
than one hazardous secondary materials management unit subject to the
provisions of this Subsection may comply with the recordkeeping requirements
for these hazardous secondary materials management units in one recordkeeping
system if the system identifies each record by each hazardous secondary
materials management unit.
(b) Owners and operators must record the
following information in the facility operating record:
(1) For each piece of equipment to which
Subsection BB of Section 261 applies:
(i)
Equipment identification number and hazardous secondary materials management
unit identification.
(ii)
Approximate locations within the facility (e.g., identify the hazardous
secondary materials management unit on a facility plot plan).
(iii) Type of equipment (e.g., a pump or
pipeline valve).
(iv)
Percent-by-weight total organics in the hazardous secondary materials stream at
the equipment.
(v) Hazardous
secondary materials state at the equipment (e.g., gas/vapor or
liquid).
(vi) Method of compliance
with the standard (e.g., "monthly leak detection and repair" or "equipped with
dual mechanical seals").
(2) For facilities that comply with the
provisions of § 261.1033(a)(2), an implementation schedule as specified in
§ 261.1033(a)(2).
(3) Where a
remanufacturer or other person that stores or treats the hazardous secondary
material chooses to use test data to demonstrate the organic removal efficiency
or total organic compound concentration achieved by the control device, a
performance test plan as specified in § 261.1035(b)(3).
(4) Documentation of compliance with §
261.1060, including the detailed design documentation or performance test
results specified in § 261.1035(b)(4).
(c) When each leak is detected as specified
in §§ 261.1052, 261.1053, 261.1057, and 261.1058, the following
requirements apply:
(1) A weatherproof and
readily visible identification, marked with the equipment identification
number, the date evidence of a potential leak was found in accordance with
§ 261.1058(a), and the date the leak was detected, shall be attached to
the leaking equipment.
(2) The
identification on equipment, except on a valve, may be removed after it has
been repaired.
(3) The
identification on a valve may be removed after it has been monitored for 2
successive months as specified in § 261.1057(c) and no leak has been
detected during those 2 months.
(d) When each leak is detected as specified
in §§ 261.1052, 261.1053, 261.1057, and 261.1058, the following
information shall be recorded in an inspection log and shall be kept in the
facility operating record:
(1) The instrument
and operator identification numbers and the equipment identification
number.
(2) The date evidence of a
potential leak was found in accordance with § 261.1058(a).
(3) The date the leak was detected and the
dates of each attempt to repair the leak.
(4) Repair methods applied in each attempt to
repair the leak.
(5) "Above 10,000"
if the maximum instrument reading measured by the methods specified in §
261.1063(b) after each repair attempt is equal to or greater than 10,000
ppm.
(6) "Repair delayed" and the
reason for the delay if a leak is not repaired within 15 calendar days after
discovery of the leak.
(7)
Documentation supporting the delay of repair of a valve in compliance with
§ 261.1059(c).
(8) The
signature of the remanufacturer or other person that stores or treats the
hazardous secondary material (or designate) whose decision it was that repair
could not be effected without a hazardous secondary materials management unit
shutdown.
(9) The expected date of
successful repair of the leak if a leak is not repaired within 15 calendar
days.
(10) The date of successful
repair of the leak.
(e)
Design documentation and monitoring, operating, and inspection information for
each closed-vent system and control device required to comply with the
provisions of § 261.1060 shall be recorded and kept up-to-date in the
facility operating record as specified in § 261.1035(c). Design
documentation is specified in § 261.1035 (c)(1) and (c)(2) and monitoring,
operating, and inspection information in § 261.1035
(c)(3)-(c)(8).
(f) For a control
device other than a thermal vapor incinerator, catalytic vapor incinerator,
flare, boiler, process heater, condenser, or carbon adsorption system,
monitoring and inspection information indicating proper operation and
maintenance of the control device must be recorded in the facility operating
record.
(g) The following
information pertaining to all equipment subject to the requirements in
§§ 261.1052 through 261.1060 shall be recorded in a log that is kept
in the facility operating record:
(1) A list
of identification numbers for equipment (except welded fittings) subject to the
requirements of this Subsection.
(2)
(i) A
list of identification numbers for equipment that the remanufacturer or other
person that stores or treats the hazardous secondary material elects to
designate for no detectable emissions, as indicated by an instrument reading of
less than 500 ppm above background, under the provisions of §§
261.1052(e), 261.1053(i), and 261.1057(f).
(ii) The designation of this equipment as
subject to the requirements of §§ 261.1052(e), 261.1053(i), or
261.1057(f) shall be signed by the remanufacturer or other person that stores
or treats the hazardous secondary material.
(3) A list of equipment identification
numbers for pressure relief devices required to comply with §
261.1054(a).
(4)
(i) The dates of each compliance test
required in §§ 261.1052(e), 261.1053(i), 261.1054, and
261.1057(f).
(ii) The background
level measured during each compliance test.
(iii) The maximum instrument reading measured
at the equipment during each compliance test.
(5) A list of identification numbers for
equipment in vacuum service.
(6)
Identification, either by list or location (area or group) of equipment that
contains or contacts hazardous secondary materials with an organic
concentration of at least 10 percent by weight for a period of less than 300
hours per calendar year.
(h) The following information pertaining to
all valves subject to the requirements of § 261.1057 (g) and (h) shall be
recorded in a log that is kept in the facility operating record:
(1) A list of identification numbers for
valves that are designated as unsafe to monitor, an explanation for each valve
stating why the valve is unsafe to monitor, and the plan for monitoring each
valve.
(2) A list of identification
numbers for valves that are designated as difficult to monitor, an explanation
for each valve stating why the valve is difficult to monitor, and the planned
schedule for monitoring each valve.
(i) The following information shall be
recorded in the facility operating record for valves complying with §
261.1062:
(1) A schedule of
monitoring.
(2) The percent of
valves found leaking during each monitoring period.
(j) The following information shall be
recorded in a log that is kept in the facility operating record:
(1) Criteria required in §§
261.1052(d)(5)(ii) and 261.1053(e)(2) and an explanation of the
criteria.
(2) Any changes to these
criteria and the reasons for the changes.
(k) The following information shall be
recorded in a log that is kept in the facility operating record for use in
determining exemptions as provided in the applicability section of this
Subsection and other specific Subsections:
(1)
An analysis determining the design capacity of the hazardous secondary
materials management unit.
(2) A
statement listing the hazardous secondary materials influent to and effluent
from each hazardous secondary materials management unit subject to the
requirements in §§ 261.1052 through 261.1060 and an analysis
determining whether these hazardous secondary materials are heavy
liquids.
(3) An up-to-date analysis
and the supporting information and data used to determine whether or not
equipment is subject to the requirements in §§ 261.1052 through
261.1060. The record shall include supporting documentation as required by
§ 261.1063(d)(3) when application of the knowledge of the nature of the
hazardous secondary materials stream or the process by which it was produced is
used. If the remanufacturer or other person that stores or treats the hazardous
secondary material takes any action (e.g., changing the process that produced
the waste) that could result in an increase in the total organic content of the
waste contained in or contacted by equipment determined not to be subject to
the requirements in §§ 261.1052 through 261.1060, then a new
determination is required.
(l) Records of the equipment leak information
required by paragraph (d) of this section and the operating information
required by paragraph (e) of this section need be kept only 3 years.
(m) The remanufacturer or other person that
stores or treats the hazardous secondary material of any facility with
equipment that is subject to this subsection and to leak detection, monitoring,
and repair requirements under regulations at 40 CFR part 60, part 61, or part
63 may elect to determine compliance with this subsection either by
documentation pursuant to § 261.1064 of this subsection, or by
documentation of compliance with the regulations at 40 CFR part 60, part 61, or
part 63 pursuant to the relevant provisions of the regulations at 40 CFR part
60, part 61, or part 63. The documentation of compliance under regulation at 40
CFR part 60, part 61, or part 63 shall be kept with or made readily available
with the facility operating record.
§§ 261.1065 - 261.1079
[Reserved]
Subsection
CC-- Air Emission Standards for Tanks, Surface Impoundments,
and Containers
§ 261.1080
Applicability
(a) The rules in
this subpart apply to tanks and containers that contain hazardous secondary
materials excluded under the remanufacturing exclusion at §261.4(a)(27),
unless the tanks and containers are equipped with and operating air emission
controls in accordance with the requirements of an applicable Clean Air Act
regulations codified under 40 CFR part 60, part 61, or part 63.
(b) [Reserved]
§ 261.1081
Definitions
As used in this subsection, all terms not defined herein shall have the meaning given to them in the Act and Sections 260 through 266 of this rule.
"Average volatile organic concentration" or "average VO concentration" means the mass-weighted average volatile organic concentration of a hazardous secondary materials as determined in accordance with the requirements of § 261.1084 of this subsection.
"Closure device" means a cap, hatch, lid, plug, seal, valve, or other type of fitting that blocks an opening in a cover such that when the device is secured in the closed position it prevents or reduces air pollutant emissions to the atmosphere. Closure devices include devices that are detachable from the cover (e.g., a sampling port cap), manually operated (e.g., a hinged access lid or hatch), or automatically operated (e.g., a spring-loaded pressure relief valve).
"Continuous seal" means a seal that forms a continuous closure that completely covers the space between the edge of the floating roof and the wall of a tank. A continuous seal may be a vapor-mounted seal, liquid-mounted seal, or metallic shoe seal. A continuous seal may be constructed of fastened segments so as to form a continuous seal.
"Cover" means a device that provides a continuous barrier over the hazardous secondary materials managed in a unit to prevent or reduce air pollutant emissions to the atmosphere. A cover may have openings (such as access hatches, sampling ports, gauge wells) that are necessary for operation, inspection, maintenance, and repair of the unit on which the cover is used. A cover may be a separate piece of equipment which can be detached and removed from the unit or a cover may be formed by structural features permanently integrated into the design of the unit.
"Enclosure" means a structure that surrounds a tank or container, captures organic vapors emitted from the tank or container, and vents the captured vapors through a closed-vent system to a control device.
"External floating roof" means a pontoon-type or double-deck type cover that rests on the surface of the material managed in a tank with no fixed roof.
"Fixed roof" means a cover that is mounted on a unit in a stationary position and does not move with fluctuations in the level of the material managed in the unit.
"Floating membrane cover" means a cover consisting of a synthetic flexible membrane material that rests upon and is supported by the hazardous secondary materials being managed in a surface impoundment.
"Floating roof" means a cover consisting of a double deck, pontoon single deck, or internal floating cover which rests upon and is supported by the material being contained, and is equipped with a continuous seal.
"Hard-piping" means pipe or tubing that is manufactured and properly installed in accordance with relevant standards and good engineering practices.
"In light material service" means the container is used to manage a material for which both of the following conditions apply: The vapor pressure of one or more of the organic constituents in the material is greater than 0.3 kilopascals (kPa) at 20°C; and the total concentration of the pure organic constituents having a vapor pressure greater than 0.3 kPa at 20°C is equal to or greater than 20 percent by weight.
"Internal floating roof" means a cover that rests or floats on the material surface (but not necessarily in complete contact with it) inside a tank that has a fixed roof.
"Liquid-mounted seal" means a foam or liquid-filled primary seal mounted in contact with the hazardous waste between the tank wall and the floating roof continuously around the circumference of the tank.
"Malfunction" means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that are caused in part by poor maintenance or careless operation are not malfunctions.
"Maximum organic vapor pressure" means the sum of the individual organic constituent partial pressures exerted by the material contained in a tank, at the maximum vapor pressure-causing conditions (i.e., temperature, agitation, pH effects of combining wastes, etc.) reasonably expected to occur in the tank. For the purpose of this subsection, maximum organic vapor pressure is determined using the procedures specified in § 261.1084(c) of this subsection.
"Metallic shoe seal" means a continuous seal that is constructed of metal sheets which are held vertically against the wall of the tank by springs, weighted levers, or other mechanisms and is connected to the floating roof by braces or other means. A flexible coated fabric (envelope) spans the annular space between the metal sheet and the floating roof.
"No detectable organic emissions" means no escape of organics to the atmosphere as determined using the procedure specified in § 261.1084(d) of this subsection.
"Point of waste origination" means as follows:
(1) When the remanufacturer
or other person that stores or treats the hazardous secondary material is the
generator of the hazardous secondary materials, the point of waste origination
means the point where a solid waste produced by a system, process, or waste
management unit is determined to be a hazardous secondary materials as defined
in Section 261.
[Note: In this case, this term is being used in a manner similar to the use of the term "point of generation" in air standards established for waste management operations under authority of the Clean Air Act in 40 CFR Parts 60, 61, and 63].
(2) When the remanufacturer or other person
that stores or treats the hazardous secondary material are not the generator of
the hazardous secondary materials, point of waste origination means the point
where the remanufacturer or other person that stores or treats the hazardous
secondary material accepts delivery or takes possession of the hazardous
secondary materials.
"Point of waste treatment" means the point where a hazardous secondary materials to be treated in accordance with § 261.1083(c)(2) of this subsection exits the treatment process. Any waste determination shall be made before the waste is conveyed, handled, or otherwise managed in a manner that allows the waste to volatilize to the atmosphere.
"Safety device" means a closure device such as a pressure relief valve, frangible disc, fusible plug, or any other type of device which functions exclusively to prevent physical damage or permanent deformation to a unit or its air emission control equipment by venting gases or vapors directly to the atmosphere during unsafe conditions resulting from an unplanned, accidental, or emergency event. For the purpose of this subsection, a safety device is not used for routine venting of gases or vapors from the vapor headspace underneath a cover such as during filling of the unit or to adjust the pressure in this vapor headspace in response to normal daily diurnal ambient temperature fluctuations. A safety device is designed to remain in a closed position during normal operations and open only when the internal pressure, or another relevant parameter, exceeds the device threshold setting applicable to the air emission control equipment as determined by the remanufacturer or other person that stores or treats the hazardous secondary material based on manufacturer recommendations, applicable rules, fire protection and prevention codes, standard engineering codes and practices, or other requirements for the safe handling of flammable, ignitable, explosive, reactive, or hazardous materials.
"Single-seal system" means a floating roof having one continuous seal. This seal may be vapor-mounted, liquid-mounted, or a metallic shoe seal.
"Vapor-mounted seal" means a continuous seal that is mounted such that there is a vapor space between the hazardous secondary materials in the unit and the bottom of the seal.
"Volatile organic concentration" or "VO concentration" means the fraction by weight of the volatile organic compounds contained in a hazardous secondary materials expressed in terms of parts per million (ppmw) as determined by direct measurement or by knowledge of the waste in accordance with the requirements of § 261.1084 of this subsection. For the purpose of determining the VO concentration of a hazardous secondary materials, organic compounds with a Henry's law constant value of at least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in the liquid-phase (0.1 Y/X) [which can also be expressed as 1.8 x 10-6 atmospheres/gram-mole/m3] at 25 degrees Celsius must be included. Appendix VI of this subsection presents a list of compounds known to have a Henry's law constant value less than the cutoff level.
"Waste determination" means performing all applicable procedures in accordance with the requirements of § 261.1084 of this subsection to determine whether a hazardous secondary materials meets standards specified in this subsection. Examples of a waste determination include performing the procedures in accordance with the requirements of § 261.1084 of this subsection to determine the average VO concentration of a hazardous secondary materials at the point of waste origination; the average VO concentration of a hazardous secondary materials at the point of waste treatment and comparing the results to the exit concentration limit specified for the process used to treat the hazardous secondary materials; the organic reduction efficiency and the organic biodegradation efficiency for a biological process used to treat a hazardous secondary materials and comparing the results to the applicable standards; or the maximum volatile organic vapor pressure for a hazardous secondary materials in a tank and comparing the results to the applicable standards.
"Waste stabilization process" means any physical or chemical process used to either reduce the mobility of hazardous constituents in a hazardous secondary materials or eliminate free liquids as determined by Test Method 9095B (Paint Filter Liquids Test) in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," as incorporated by reference in § 260.11 of this rule. A waste stabilization process includes mixing the hazardous secondary materials with binders or other materials, and curing the resulting hazardous secondary materials and binder mixture. Other synonymous terms used to refer to this process are "waste fixation" or "waste solidification." This does not include the adding of absorbent materials to the surface of a waste, without mixing, agitation, or subsequent curing, to absorb free liquid.
§
261.1082
Standards: General
(a) This section applies to the management of
hazardous secondary materials in tanks, surface impoundments, and containers
subject to this subsection.
(b) The
remanufacturer or other person that stores or treats the hazardous secondary
material shall control air pollutant emissions from each hazardous secondary
material management unit in accordance with standards specified in
§§261.1084 through 261.1087 of this subsection, as applicable to the
hazardous secondary material management unit, except as provided for in
paragraph (c) of this section.
(c)
A tank or container is exempt from standards specified in §§261.1084
through 261.1087 of this subpart, as applicable, provided that the hazardous
secondary material management unit is a tank or container for which all
hazardous secondary material entering the unit has an average VO concentration
at the point of material origination of less than 500 parts per million by
weight (ppmw). The average VO concentration shall be determined using the
procedures specified in §261.1083(a) of this subpart. The remanufacturer
or other person that stores or treats the hazardous secondary material shall
review and update, as necessary, this determination at least once every 12
months following the date of the initial determination for the hazardous
secondary material streams entering the unit.
§ 261.1083
Waste determination
procedures
(a) Waste determination
procedure to determine average volatile organic (VO) concentration of a
hazardous secondary material at the point of waste origination.
(1) A remanufacturer or other person that
stores or treats the hazardous secondary material shall determine the average
VO concentration at the point of waste origination for each hazardous secondary
materials placed in a waste management unit exempted under the provisions of
§ 261.1083(c)(1) of this subsection from using air emission controls in
accordance with standards specified in § 261.1085 through § 261.1088
of this subsection, as applicable to the waste management unit.
(i) An initial determination of the average
VO concentration of the waste stream shall be made before the first time any
portion of the material in the hazardous secondary materials stream is placed
in a waste management unit exempted under the provisions of §
261.1083(c)(1) of this subsection from using air emission controls, and
thereafter an initial determination of the average VO concentration of the
waste stream shall be made for each averaging period that a hazardous secondary
materials is managed in the unit; and
(ii) Perform a new waste determination
whenever changes to the source generating the waste stream are reasonably
likely to cause the average VO concentration of the hazardous secondary
materials to increase to a level that is equal to or greater than the VO
concentration limit specified in § 261.1083(c)(1) of this
subsection.
(2) For a
waste determination that is required by paragraph (a)(1) of this section, the
average VO concentration of a hazardous secondary materials at the point of
waste origination shall be determined using either direct measurement as
specified in paragraph (a)(3) of this section or by knowledge as specified in
paragraph (a)(4) of this section.
(3) Direct measurement to determine average
VO concentration of a hazardous secondary materials at the point of waste
origination.
(i) Identification. The
remanufacturer or other person that stores or treats the hazardous secondary
material shall identify and record the point of waste origination for the
hazardous secondary materials.
(ii)
Sampling. Samples of the hazardous secondary materials stream shall be
collected at the point of waste origination in a manner such that
volatilization of organics contained in the waste and in the subsequent sample
is minimized and an adequately representative sample is collected and
maintained for analysis by the selected method.
(A) The averaging period to be used for
determining the average VO concentration for the hazardous secondary materials
stream on a mass-weighted average basis shall be designated and recorded. The
averaging period can represent any time interval that the remanufacturer or
other person that stores or treats the hazardous secondary material determines
is appropriate for the hazardous secondary materials stream but shall not
exceed 1 year.
(B) A sufficient
number of samples, but no less than four samples, shall be collected and
analyzed for a hazardous secondary materials determination. All of the samples
for a given waste determination shall be collected within a one-hour period.
The average of the four or more sample results constitutes a waste
determination for the waste stream. One or more waste determinations may be
required to represent the complete range of waste compositions and quantities
that occur during the entire averaging period due to normal variations in the
operating conditions for the source or process generating the hazardous
secondary materials stream. Examples of such normal variations are seasonal
variations in waste quantity or fluctuations in ambient temperature.
(C) All samples shall be collected and
handled in accordance with written procedures prepared by the remanufacturer or
other person that stores or treats the hazardous secondary material and
documented in a site sampling plan. This plan shall describe the procedure by
which representative samples of the hazardous secondary materials stream are
collected such that a minimum loss of organics occurs throughout the sample
collection and handling process, and by which sample integrity is maintained. A
copy of the written sampling plan shall be maintained on-site in the facility
operating records. An example of acceptable sample collection and handling
procedures for a total volatile organic constituent concentration may be found
in Method 25D in 40 CFR part 60, appendix A.
(D) Sufficient information, as specified in
the "site sampling plan'' required under paragraph (a)(3)(ii)(C) of this
section, shall be prepared and recorded to document the waste quantity
represented by the samples and, as applicable, the operating conditions for the
source or process generating the hazardous secondary materials represented by
the samples.
(iii)
Analysis. Each collected sample shall be prepared and analyzed in accordance
with Method 25D in 40 CFR part 60, appendix A for the total concentration of
volatile organic constituents, or using one or more methods when the individual
organic compound concentrations are identified and summed and the summed waste
concentration accounts for and reflects all organic compounds in the waste with
Henry's law constant values at least 0.1
mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X)
[which can also be expressed as 1.8 x10-6 atmospheres/gram-mole/m3] at 25
degrees Celsius. At the remanufacturer's or other persons that store or treat
the hazardous secondary material discretion, the remanufacturer or other person
that stores or treats the hazardous secondary material may adjust test data
obtained by any appropriate method to discount any contribution to the total
volatile organic concentration that is a result of including a compound with a
Henry's law constant value of less than 0.1 Y/X at 25 degrees Celsius. To
adjust these data, the measured concentration of each individual chemical
constituent contained in the waste is multiplied by the appropriate
constituent-specific adjustment factor (fm25D). If the remanufacturer or other
person that stores or treats the hazardous secondary material elects to adjust
test data, the adjustment must be made to all individual chemical constituents
with a Henry's law constant value greater than or equal to 0.1 Y/X at 25
degrees Celsius contained in the waste. Constituent-specific adjustment factors
(fm25D) can be obtained by contacting the Waste and Chemical Processes Group,
Office of Air Quality Planning and Standards, Research Triangle Park, NC 27711.
Other test methods may be used if they meet the requirements in paragraph
(a)(3)(iii)(A) or (B) of this section and provided the requirement to reflect
all organic compounds in the waste with Henry's law constant values greater
than or equal to 0.1 Y/X [which can also be expressed as 1.8 x 10-6
atmospheres/gram-mole/m3] at 25 degrees Celsius, is met.
(A) Any EPA standard method that has been
validated in accordance with ''Alternative Validation Procedure for EPA Waste
and Wastewater Methods," 40 CFR part 63, appendix D.
(B) Any other analysis method that has been
validated in accordance with the procedures specified in Section 5.1 or Section
5.3, and the corresponding calculations in Section 6.1 or Section 6.3, of
Method 301 in 40 CFR part 63, appendix A. The data are acceptable if they meet
the criteria specified in Section 6.1.5 or Section 6.3.3 of Method 301. If
correction is required under section 6.3.3 of Method 301, the data are
acceptable if the correction factor is within the range 0.7 to 1.30. Other
sections of Method 301 are not required.
(iv) Calculations.
(A) The average VO concentration (C) on a
mass-weighted basis shall be calculated by using the results for all waste
determinations conducted in accordance with paragraphs (a)(3)(ii) and (iii) of
this section and the following equation:
Where
C = Average VO concentration of the hazardous secondary materials at the point of waste origination on a mass-weighted basis, ppmw.
i = Individual sample "i" of the hazardous secondary materials.
n = Total number of samples of the hazardous secondary materials collected (at least 4) for the averaging period (not to exceed 1 year).
Qi = Mass quantity of hazardous secondary materials stream represented by Ci, kg/hr.
QT =Total mass quantity of hazardous secondary materials during the averaging period, kg/hr.
Ci = Measured VO concentration of sample "i" as determined in accordance with the requirements of '261.1084(a)(3)(iii) of this subsection, ppmw.
(B) For the purpose of
determining Ci, for individual waste samples analyzed in accordance with
paragraph (a)(3)(iii) of this section, the remanufacturer or other person that
stores or treats the hazardous secondary material shall account for VO
concentrations determined to be below the limit of detection of the analytical
method by using the following VO concentration:
(1) If Method 25D in 40 CFR part 60, Appendix
A is used for the analysis, one-half the blank value determined in the method
at section 4.4 of Method 25D in 40 CFR part 60, appendix A.
(2) If any other analytical method is used,
one-half the sum of the limits of detection established for each organic
constituent in the waste that has a Henry's law constant values at least0.1
mole-fraction-in-the- gas-phase/mole-fraction-in- the-liquid-phase (0.1 Y/X)
[which can also be expressed as 1.8 x 10-6 atmospheres/gram-mole/m3] at
25°C.
(v)
Provided that the test method is appropriate for the waste as required under
paragraph (a)(3)(iii) of this section, the EPA will determine compliance based
on the test method used by the remanufacturer or other person that stores or
treats the hazardous secondary material as recorded pursuant to Sec.
261.1090(f)(1) of this subsection.
(4) Use of knowledge by the remanufacturer or
other person that stores or treats the hazardous secondary material to
determine average VO concentration of a hazardous secondary materials at the
point of waste origination.
(i) Documentation
shall be prepared that presents the information used as the basis for the
owner's or operator's knowledge of the hazardous secondary materials stream's
average VO concentration. Examples of information that may be used as the basis
for knowledge include: Material balances for the source or process generating
the hazardous secondary materials stream; constituent-specific chemical test
data for the hazardous secondary materials stream from previous testing that
are still applicable to the current waste stream; previous test data for other
locations managing the same type of waste stream; or other knowledge based on
information included in manifests, shipping papers, or waste certification
notices.
(ii) If test data are used
as the basis for knowledge, then the remanufacturer or other person that stores
or treats the hazardous secondary material shall document the test method,
sampling protocol, and the means by which sampling variability and analytical
variability are accounted for in the determination of the average VO
concentration. For example, a remanufacturer or other person that stores or
treats the hazardous secondary material may use organic concentration test data
for the hazardous secondary materials stream that are validated in accordance
with Method 301 in 40 CFR part 63, appendix A as the basis for knowledge of the
waste.
(iii) A remanufacturer or
other person that stores or treats the hazardous secondary material using
chemical constituent-specific concentration test data as the basis for
knowledge of the hazardous secondary materials may adjust the test data to the
corresponding average VO concentration value which would have been obtained had
the waste samples been analyzed using Method 25D in 40 CFR part 60, appendix A.
To adjust these data, the measured concentration for each individual chemical
constituent contained in the waste is multiplied by the appropriate
constituent-specific adjustment factor (fm25D).
(iv) In the event that the Director and the
remanufacturer or other person that stores or treats the hazardous secondary
material disagree on a determination of the average VO concentration for a
hazardous secondary materials stream using knowledge, then the results from a
determination of average VO concentration using direct measurement as specified
in paragraph (a)(3) of this section shall be used to establish compliance with
the applicable requirements of this subsection. The Director may perform or
request that the remanufacturer or other person that stores or treats the
hazardous secondary material perform this determination using direct
measurement. The remanufacturer or other person that stores or treats the
hazardous secondary material may then choose one or more appropriate methods to
analyze each collected sample in accordance with the requirements of paragraph
(a)(3)(iii) of this section.
(b) [Reserved]
(c) Procedure to determine the maximum
organic vapor pressure of a hazardous secondary material in a tank.
(1) A remanufacturer or other person that
stores or treats the hazardous secondary material shall determine the maximum
organic vapor pressure for each hazardous secondary materials placed in a tank
using Tank Level 1 controls in accordance with the standards specified in
§ 261.1085(c) of this subsection.
(2) A remanufacturer or other person that
stores or treats the hazardous secondary material shall use either direct
measurement as specified in paragraph (c)(3) of this section or knowledge of
the waste as specified by paragraph (c)(4) of this section to determine the
maximum organic vapor pressure which is representative of the hazardous
secondary materials composition stored or treated in the tank.
(3) Direct measurement to determine the
maximum organic vapor pressure of a hazardous secondary materials.
(i) Sampling. A sufficient number of samples
shall be collected to be representative of the waste contained in the tank. All
samples shall be collected and handled in accordance with written procedures
prepared by the remanufacturer or other person that stores or treats the
hazardous secondary material and documented in a site sampling plan. This plan
shall describe the procedure by which representative samples of the hazardous
secondary materials are collected such that a minimum loss of organics occurs
throughout the sample collection and handling process and by which sample
integrity is maintained. A copy of the written sampling plan shall be
maintained on-site in the facility operating records. An example of acceptable
sample collection and handling procedures may be found in Method 25D in 40 CFR
part 60, appendix A.
(ii) Analysis.
Any appropriate one of the following methods may be used to analyze the samples
and compute the maximum organic vapor pressure of the hazardous secondary
materials:
(A) Method 25E in 40 CFR part 60
appendix A;
(B) Methods described
in American Petroleum Institute Publication 2517, Third Edition, February 1989,
"Evaporative Loss from External Floating-Roof Tanks," (incorporated by
reference - refer to § 260.11 of this rule);
(C) Methods obtained from standard reference
texts;
(D) ASTM Method 2879-92
(incorporated by reference - refer to § 260.11 of this rule); or
(E) Any other method approved by the
Director.
(4)
Use of knowledge to determine the maximum organic vapor pressure of the
hazardous secondary materials. Documentation shall be prepared and recorded
that presents the information used as the basis for the owner's or operator's
knowledge that the maximum organic vapor pressure of the hazardous secondary
materials is less than the maximum vapor pressure limit listed in §
261.1085(b)(1)(i) of this subsection for the applicable tank design capacity
category. An example of information that may be used is documentation that the
hazardous secondary materials is generated by a process for which at other
locations it previously has been determined by direct measurement that the
waste maximum organic vapor pressure is less than the maximum vapor pressure
limit for the appropriate tank design capacity category.
(d) Procedure for determining no detectable
organic emissions for the purpose of complying with this subsection:
(1) The test shall be conducted in accordance
with the procedures specified in Method 21 of 40 CFR part 60, appendix A. Each
potential leak interface (i.e., a location where organic vapor leakage could
occur) on the cover and associated closure devices shall be checked. Potential
leak interfaces that are associated with covers and closure devices include,
but are not limited to: The interface of the cover and its foundation mounting;
the periphery of any opening on the cover and its associated closure device;
and the sealing seat interface on a spring-loaded pressure relief
valve.
(2) The test shall be
performed when the unit contains a hazardous secondary materials having an
organic concentration representative of the range of concentrations for the
hazardous secondary materials expected to be managed in the unit. During the
test, the cover and closure devices shall be secured in the closed
position.
(3) The detection
instrument shall meet the performance criteria of Method 21 of 40 CFR part 60,
appendix A, except the instrument response factor criteria in section 3.1.2(a)
of Method 21 shall be for the average composition of the organic constituents
in the hazardous secondary materials placed in the waste management unit, not
for each individual organic constituent.
(4) The detection instrument shall be
calibrated before use on each day of its use by the procedures specified in
Method 21 of 40 CFR part 60, appendix A.
(5) Calibration gases shall be as follows:
(i) Zero air (less than 10 ppmv hydrocarbon
in air), and
(ii) A mixture of
methane or n-hexane and air at a concentration of approximately, but less than,
10,000 ppmv methane or n-hexane.
(6) The background level shall be determined
according to the procedures in Method 21 of 40 CFR part 60, appendix
A.
(7) Each potential leak
interface shall be checked by traversing the instrument probe around the
potential leak interface as close to the interface as possible, as described in
Method 21 of 40 CFR part 60, appendix A. In the case when the configuration of
the cover or closure device prevents a complete traverse of the interface, all
accessible portions of the interface shall be sampled. In the case when the
configuration of the closure device prevents any sampling at the interface and
the device is equipped with an enclosed extension or horn (e.g., some pressure
relief devices), the instrument probe inlet shall be placed at approximately
the center of the exhaust area to the atmosphere.
(8) The arithmetic difference between the
maximum organic concentration indicated by the instrument and the background
level shall be compared with the value of 500 ppmv except when monitoring a
seal around a rotating shaft that passes through a cover opening, in which case
the comparison shall be as specified in paragraph (d)(9) of this section. If
the difference is less than 500 ppmv, then the potential leak interface is
determined to operate with no detectable organic emissions.
(9) For the seals around a rotating shaft
that passes through a cover opening, the arithmetic difference between the
maximum organic concentration indicated by the instrument and the background
level shall be compared with the value of 10,000 ppmw. If the difference is
less than 10,000 ppmw, then the potential leak interface is determined to
operate with no detectable organic emissions.
§ 261.1084
Standards: Tanks
(a) The provisions of this section apply to
the control of air pollutant emissions from tanks for which § 261.1083(b)
of this subsection references the use of this section for such air emission
control.
(b) The remanufacturer or
other person that stores or treats the hazardous secondary material
remanufacturer or other person that stores or treats the hazardous secondary
material shall control air pollutant emissions from each tank subject to this
section in accordance with the following requirements, as applicable:
(1) For a tank that manages hazardous
secondary materials that meets all of the conditions specified in paragraphs
(b)(1)(i) through (b)(1)(iii) of this section, the remanufacturer or other
person that stores or treats the hazardous secondary material shall control air
pollutant emissions from the tank in accordance with the Tank Level 1 controls
specified in paragraph (c) of this section or the Tank Level 2 controls
specified in paragraph (d) of this section.
(i) The hazardous secondary materials in the
tank has a maximum organic vapor pressure which is less than the maximum
organic vapor pressure limit for the tank's design capacity category as
follows:
(A) For a tank design capacity equal
to or greater than 151 m3, the maximum organic vapor pressure limit for the
tank is 5.2 kPa.
(B) For a tank
design capacity equal to or greater than 75 m3 but less than 151
m3, the maximum organic vapor pressure limit for the
tank is 27.6 kPa.
(C) For a tank
design capacity less than 75 m3, the maximum organic
vapor pressure limit for the tank is 76.6 kPa.
(ii) The hazardous secondary materials in the
tank is not heated by the remanufacturer or other person that stores or treats
the hazardous secondary material to a temperature that is greater than the
temperature at which the maximum organic vapor pressure of the hazardous
secondary materials is determined for the purpose of complying with paragraph
(b)(1)(i) of this section.
(iii)
The hazardous secondary materials in the tank is not treated by the
remanufacturer or other person that stores or treats the hazardous secondary
material using a waste stabilization process, as defined in § 261.1081 of
this subsection.
(2) For
a tank that manages hazardous secondary materials that does not meet all of the
conditions specified in paragraphs (b)(1)(i) through (b)(1)(iii) of this
section, the remanufacturer or other person that stores or treats the hazardous
secondary material remanufacturer or other person that stores or treats the
hazardous secondary material shall control air pollutant emissions from the
tank by using Tank Level 2 controls in accordance with the requirements of
paragraph (d) of this section. Examples of tanks required to use Tank Level 2
controls include: A tank used for a waste stabilization process; and a tank for
which the hazardous secondary materials in the tank has a maximum organic vapor
pressure that is equal to or greater than the maximum organic vapor pressure
limit for the tank's design capacity category as specified in paragraph
(b)(1)(i) of this section.
(c) Owners and operators controlling air
pollutant emissions from a tank using Tank Level 1 controls shall meet the
requirements specified in paragraphs (c)(1) through (c)(4) of this section:
(1) The remanufacturer or other person that
stores or treats the hazardous secondary material shall determine the maximum
organic vapor pressure for a hazardous secondary materials to be managed in the
tank using Tank Level 1 controls before the first time the hazardous secondary
materials is placed in the tank. The maximum organic vapor pressure shall be
determined using the procedures specified in § 261.1084(c) of this
subsection. Thereafter, the remanufacturer or other person that stores or
treats the hazardous secondary material shall perform a new determination
whenever changes to the hazardous secondary materials managed in the tank could
potentially cause the maximum organic vapor pressure to increase to a level
that is equal to or greater than the maximum organic vapor pressure limit for
the tank design capacity category specified in paragraph (b)(1)(i) of this
section, as applicable to the tank.
(2) The tank shall be equipped with a fixed
roof designed to meet the following specifications:
(i) The fixed roof and its closure devices
shall be designed to form a continuous barrier over the entire surface area of
the hazardous secondary materials in the tank. The fixed roof may be a separate
cover installed on the tank (e.g., a removable cover mounted on an open-top
tank) or may be an integral section of the tank structural design (e.g., a
horizontal cylindrical tank equipped with a hatch).
(ii) The fixed roof shall be installed in a
manner such that there are no visible cracks, holes, gaps, or other open spaces
between roof section joints or between the interface of the roof edge and the
tank wall.
(iii) Each opening in
the fixed roof, and any manifold system associated with the fixed roof, shall
be either:
(A) Equipped with a closure device
designed to operate such that when the closure device is secured in the closed
position there are no visible cracks, holes, gaps, or other open spaces in the
closure device or between the perimeter of the opening and the closure device;
or
(B) Connected by a closed-vent
system that is vented to a control device. The control device shall remove or
destroy organics in the vent stream, and shall be operating whenever hazardous
secondary materials is managed in the tank, except as provided for in
paragraphs (c)(2)(iii)(B)(1) and (2) of this section.
(1) During periods it is necessary to provide
access to the tank for performing the activities of paragraph (c)(2)(iii)(B)(2)
of this section, venting of the vapor headspace underneath the fixed roof to
the control device is not required, opening of closure devices is allowed, and
removal of the fixed roof is allowed. Following completion of the activity, the
remanufacturer or other person that stores or treats the hazardous secondary
material shall promptly secure the closure device in the closed position or
reinstall the cover, as applicable, and resume operation of the control
device.
(2) During periods of
routine inspection, maintenance, or other activities needed for normal
operations, and for the removal of accumulated sludge or other residues from
the bottom of the tank.
(iv) The fixed roof and its closure devices
shall be made of suitable materials that will minimize exposure of the
hazardous secondary materials to the atmosphere, to the extent practical, and
will maintain the integrity of the fixed roof and closure devices throughout
their intended service life. Factors to be considered when selecting the
materials for and designing the fixed roof and closure devices shall include:
Organic vapor permeability, the effects of any contact with the hazardous
secondary materials or its vapors managed in the tank; the effects of outdoor
exposure to wind, moisture, and sunlight; and the operating practices used for
the tank on which the fixed roof is installed.
(3) Whenever a hazardous secondary materials
is in the tank, the fixed roof shall be installed with each closure device
secured in the closed position except as follows:
(i) Opening of closure devices or removal of
the fixed roof is allowed at the following times:
(A) To provide access to the tank for
performing routine inspection, maintenance, or other activities needed for
normal operations. Examples of such activities include those times when a
worker needs to open a port to sample the liquid in the tank, or when a worker
needs to open a hatch to maintain or repair equipment. Following completion of
the activity, the remanufacturer or other person that stores or treats the
hazardous secondary material shall promptly secure the closure device in the
closed position or reinstall the cover, as applicable, to the tank.
(B) To remove accumulated sludge or other
residues from the bottom of tank.
(ii) Opening of a spring-loaded
pressure-vacuum relief valve, conservation vent, or similar type of pressure
relief device which vents to the atmosphere is allowed during normal operations
for the purpose of maintaining the tank internal pressure in accordance with
the tank design specifications. The device shall be designed to operate with no
detectable organic emissions when the device is secured in the closed position.
The settings at which the device opens shall be established such that the
device remains in the closed position whenever the tank internal pressure is
within the internal pressure operating range determined by the remanufacturer
or other person that stores or treats the hazardous secondary material based on
the tank manufacturer recommendations, applicable rules, fire protection and
prevention codes, standard engineering codes and practices, or other
requirements for the safe handling of flammable, ignitable, explosive,
reactive, or hazardous materials. Examples of normal operating conditions that
may require these devices to open are during those times when the tank internal
pressure exceeds the internal pressure operating range for the tank as a result
of loading operations or diurnal ambient temperature fluctuations.
(iii) Opening of a safety device, as defined
in § 261.1081 of this subsection, is allowed at any time conditions
require doing so to avoid an unsafe condition.
(4) The remanufacturer or other person that
stores or treats the hazardous secondary material shall inspect the air
emission control equipment in accordance with the following requirements.
(i) The fixed roof and its closure devices
shall be visually inspected by the remanufacturer or other person that stores
or treats the hazardous secondary material to check for defects that could
result in air pollutant emissions. Defects include, but are not limited to,
visible cracks, holes, or gaps in the roof sections or between the roof and the
tank wall; broken, cracked, or otherwise damaged seals or gaskets on closure
devices; and broken or missing hatches, access covers, caps, or other closure
devices.
(ii) The remanufacturer or
other person that stores or treats the hazardous secondary material shall
perform an initial inspection of the fixed roof and its closure devices on or
before the date that the tank becomes subject to this section. Thereafter, the
remanufacturer or other person that stores or treats the hazardous secondary
material shall perform the inspections at least once every year except under
the special conditions provided for in paragraph (l) of this section.
(iii) In the event that a defect is detected,
the remanufacturer or other person that stores or treats the hazardous
secondary material shall repair the defect in accordance with the requirements
of paragraph (k) of this section.
(iv) The remanufacturer or other person that
stores or treats the hazardous secondary material shall maintain a record of
the inspection in accordance with the requirements specified in §
261.1090(b) of this subsection.
(d) Owners and operators controlling air
pollutant emissions from a tank using Tank Level 2 controls shall use one of
the following tanks:
(1) A fixed-roof tank
equipped with an internal floating roof in accordance with the requirements
specified in paragraph (e) of this section;
(2) A tank equipped with an external floating
roof in accordance with the requirements specified in paragraph (f) of this
section;
(3) A tank vented through
a closed-vent system to a control device in accordance with the requirements
specified in paragraph (g) of this section;
(4) A pressure tank designed and operated in
accordance with the requirements specified in paragraph (h) of this section;
or
(5) A tank located inside an
enclosure that is vented through a closed-vent system to an enclosed combustion
control device in accordance with the requirements specified in paragraph (i)
of this section.
(e) The
remanufacturer or other person that stores or treats the hazardous secondary
material who controls air pollutant emissions from a tank using a fixed-roof
with an internal floating roof shall meet the requirements specified in
paragraphs (e)(1) through (e)(3) of this section.
(1) The tank shall be equipped with a fixed
roof and an internal floating roof in accordance with the following
requirements:
(i) The internal floating roof
shall be designed to float on the liquid surface except when the floating roof
must be supported by the leg supports.
(ii) The internal floating roof shall be
equipped with a continuous seal between the wall of the tank and the floating
roof edge that meets either of the following requirements:
(A) A single continuous seal that is either a
liquid-mounted seal or a metallic shoe seal, as defined in § 261.1081 of
this subsection; or
(B) Two
continuous seals mounted one above the other. The lower seal may be a
vapor-mounted seal.
(iii)
The internal floating roof shall meet the following specifications:
(A) Each opening in a noncontact internal
floating roof except for automatic bleeder vents (vacuum breaker vents) and the
rim space vents is to provide a projection below the liquid surface.
(B) Each opening in the internal floating
roof shall be equipped with a gasketed cover or a gasketed lid except for leg
sleeves, automatic bleeder vents, rim space vents, column wells, ladder wells,
sample wells, and stub drains.
(C)
Each penetration of the internal floating roof for the purpose of sampling
shall have a slit fabric cover that covers at least 90 percent of the
opening.
(D) Each automatic bleeder
vent and rim space vent shall be gasketed.
(E) Each penetration of the internal floating
roof that allows for passage of a ladder shall have a gasketed sliding
cover.
(F) Each penetration of the
internal floating roof that allows for passage of a column supporting the fixed
roof shall have a flexible fabric sleeve seal or a gasketed sliding
cover.
(2) The
remanufacturer or other person that stores or treats the hazardous secondary
material shall operate the tank in accordance with the following requirements:
(i) When the floating roof is resting on the
leg supports, the process of filling, emptying, or refilling shall be
continuous and shall be completed as soon as practical.
(ii) Automatic bleeder vents are to be set
closed at all times when the roof is floating, except when the roof is being
floated off or is being landed on the leg supports.
(iii) Prior to filling the tank, each cover,
access hatch, gauge float well or lid on any opening in the internal floating
roof shall be bolted or fastened closed (i.e., no visible gaps). Rim space
vents are to be set to open only when the internal floating roof is not
floating or when the pressure beneath the rim exceeds the manufacturer's
recommended setting.
(3)
The remanufacturer or other person that stores or treats the hazardous
secondary material shall inspect the internal floating roof in accordance with
the procedures specified as follows:
(i) The
floating roof and its closure devices shall be visually inspected by the
remanufacturer or other person that stores or treats the hazardous secondary
material to check for defects that could result in air pollutant emissions.
Defects include, but are not limited to: The internal floating roof is not
floating on the surface of the liquid inside the tank; liquid has accumulated
on top of the internal floating roof; any portion of the roof seals have
detached from the roof rim; holes, tears, or other openings are visible in the
seal fabric; the gaskets no longer close off the hazardous secondary materials
surface from the atmosphere; or the slotted membrane has more than 10 percent
open area.
(ii) The remanufacturer
or other person that stores or treats the hazardous secondary material shall
inspect the internal floating roof components as follows except as provided in
paragraph (e)(3)(iii) of this section:
(A)
Visually inspect the internal floating roof components through openings on the
fixed-roof (e.g., manholes and roof hatches) at least once every 12 months
after initial fill, and
(B)
Visually inspect the internal floating roof, primary seal, secondary seal (if
one is in service), gaskets, slotted membranes, and sleeve seals (if any) each
time the tank is emptied and degassed and at least every 10 years.
(iii) As an alternative to
performing the inspections specified in paragraph (e)(3)(ii) of this section
for an internal floating roof equipped with two continuous seals mounted one
above the other, the remanufacturer or other person that stores or treats the
hazardous secondary material may visually inspect the internal floating roof,
primary and secondary seals, gaskets, slotted membranes, and sleeve seals (if
any) each time the tank is emptied and degassed and at least every 5
years.
(iv) Prior to each
inspection required by paragraph (e)(3)(ii) or (e)(3)(iii) of this section, the
remanufacturer or other person that stores or treats the hazardous secondary
material shall notify the Director in advance of each inspection to provide the
Director with the opportunity to have an observer present during the
inspection. The remanufacturer or other person that stores or treats the
hazardous secondary material shall notify the Director of the date and location
of the inspection as follows:
(A) Prior to
each visual inspection of an internal floating roof in a tank that has been
emptied and degassed, written notification shall be prepared and sent by the
remanufacturer or other person that stores or treats the hazardous secondary
material so that it is received by the Director at least 30 calendar days
before refilling the tank except when an inspection is not planned as provided
for in paragraph (e)(3)(iv)(B) of this section.
(B) When a visual inspection is not planned
and the remanufacturer or other person that stores or treats the hazardous
secondary material could not have known about the inspection 30 calendar days
before refilling the tank, the remanufacturer or other person that stores or
treats the hazardous secondary material shall notify the Director as soon as
possible, but no later than 7 calendar days before refilling of the tank. This
notification may be made by telephone and immediately followed by a written
explanation for why the inspection is unplanned. Alternatively, written
notification, including the explanation for the unplanned inspection, may be
sent so that it is received by the Director at least 7 calendar days before
refilling the tank.
(v)
In the event that a defect is detected, the remanufacturer or other person that
stores or treats the hazardous secondary material shall repair the defect in
accordance with the requirements of paragraph (k) of this section.
(vi) The remanufacturer or other person that
stores or treats the hazardous secondary material shall maintain a record of
the inspection in accordance with the requirements specified in '261.1090(b) of
this subsection.
(4)
Safety devices, as defined in § 261.1081 of this subsection, may be
installed and operated as necessary on any tank complying with the requirements
of paragraph (e) of this section.
(f) The remanufacturer or other person that
stores or treats the hazardous secondary material who controls air pollutant
emissions from a tank using an external floating roof shall meet the
requirements specified in paragraphs (f)(1) through (f)(3) of this section.
(1) The remanufacturer or other person that
stores or treats the hazardous secondary material shall design the external
floating roof in accordance with the following requirements:
(i) The external floating roof shall be
designed to float on the liquid surface except when the floating roof must be
supported by the leg supports.
(ii)
The floating roof shall be equipped with two continuous seals, one above the
other, between the wall of the tank and the roof edge. The lower seal is
referred to as the primary seal, and the upper seal is referred to as the
secondary seal.
(A) The primary seal shall be
a liquid-mounted seal or a metallic shoe seal, as defined in § 261.1081 of
this subsection. The total area of the gaps between the tank wall and the
primary seal shall not exceed 212 square centimeters
(cm2) per meter of tank diameter, and the width of
any portion of these gaps shall not exceed 3.8 centimeters (cm). If a metallic
shoe seal is used for the primary seal, the metallic shoe seal shall be
designed so that one end extends into the liquid in the tank and the other end
extends a vertical distance of at least 61 centimeters above the liquid
surface.
(B) The secondary seal
shall be mounted above the primary seal and cover the annular space between the
floating roof and the wall of the tank. The total area of the gaps between the
tank wall and the secondary seal shall not exceed 21.2 square centimeters
(cm2) per meter of tank diameter, and the width of
any portion of these gaps shall not exceed 1.3 centimeters (cm).
(iii) The external floating roof
shall meet the following specifications:
(A)
Except for automatic bleeder vents (vacuum breaker vents) and rim space vents,
each opening in a noncontact external floating roof shall provide a projection
below the liquid surface.
(B)
Except for automatic bleeder vents, rim space vents, roof drains, and leg
sleeves, each opening in the roof shall be equipped with a gasketed cover,
seal, or lid.
(C) Each access hatch
and each gauge float well shall be equipped with a cover designed to be bolted
or fastened when the cover is secured in the closed position.
(D) Each automatic bleeder vent and each rim
space vent shall be equipped with a gasket.
(E) Each roof drain that empties into the
liquid managed in the tank shall be equipped with a slotted membrane fabric
cover that covers at least 90 percent of the area of the opening.
(F) Each unslotted and slotted guide pole
well shall be equipped with a gasketed sliding cover or a flexible fabric
sleeve seal.
(G) Each unslotted
guide pole shall be equipped with a gasketed cap on the end of the
pole.
(H) Each slotted guide pole
shall be equipped with a gasketed float or other device which closes off the
liquid surface from the atmosphere.
(I) Each gauge hatch and each sample well
shall be equipped with a gasketed cover.
(2) The remanufacturer or other person that
stores or treats the hazardous secondary material shall operate the tank in
accordance with the following requirements:
(i) When the floating roof is resting on the
leg supports, the process of filling, emptying, or refilling shall be
continuous and shall be completed as soon as practical.
(ii) Except for automatic bleeder vents, rim
space vents, roof drains, and leg sleeves, each opening in the roof shall be
secured and maintained in a closed position at all times except when the
closure device must be open for access.
(iii) Covers on each access hatch and each
gauge float well shall be bolted or fastened when secured in the closed
position.
(iv) Automatic bleeder
vents shall be set closed at all times when the roof is floating, except when
the roof is being floated off or is being landed on the leg supports.
(v) Rim space vents shall be set to open only
at those times that the roof is being floated off the roof leg supports or when
the pressure beneath the rim seal exceeds the manufacturer's recommended
setting.
(vi) The cap on the end of
each unslotted guide pole shall be secured in the closed position at all times
except when measuring the level or collecting samples of the liquid in the
tank.
(vii) The cover on each gauge
hatch or sample well shall be secured in the closed position at all times
except when the hatch or well must be opened for access.
(viii) Both the primary seal and the
secondary seal shall completely cover the annular space between the external
floating roof and the wall of the tank in a continuous fashion except during
inspections.
(3) The
remanufacturer or other person that stores or treats the hazardous secondary
material shall inspect the external floating roof in accordance with the
procedures specified as follows:
(i) The
remanufacturer or other person that stores or treats the hazardous secondary
material shall measure the external floating roof seal gaps in accordance with
the following requirements:
(A) The
remanufacturer or other person that stores or treats the hazardous secondary
material shall perform measurements of gaps between the tank wall and the
primary seal within 60 calendar days after initial operation of the tank
following installation of the floating roof and, thereafter, at least once
every 5 years.
(B) The
remanufacturer or other person that stores or treats the hazardous secondary
material shall perform measurements of gaps between the tank wall and the
secondary seal within 60 calendar days after initial operation of the tank
following installation of the floating roof and, thereafter, at least once
every year.
(C) If a tank ceases to
hold hazardous secondary materials for a period of 1 year or more, subsequent
introduction of hazardous secondary materials into the tank shall be considered
an initial operation for the purposes of paragraphs (f)(3)(i)(A) and
(f)(3)(i)(B) of this section.
(D)
The remanufacturer or other person that stores or treats the hazardous
secondary material shall determine the total surface area of gaps in the
primary seal and in the secondary seal individually using the following
procedure:
(1) The seal gap measurements
shall be performed at one or more floating roof levels when the roof is
floating off the roof supports.
(2)
Seal gaps, if any, shall be measured around the entire perimeter of the
floating roof in each place where a 0.32-centimeter (cm) diameter uniform probe
passes freely (without forcing or binding against the seal) between the seal
and the wall of the tank and measure the circumferential distance of each such
location.
(3) For a seal gap
measured under paragraph (f)(3) of this section, the gap surface area shall be
determined by using probes of various widths to measure accurately the actual
distance from the tank wall to the seal and multiplying each such width by its
respective circumferential distance.
(4) The total gap area shall be calculated by
adding the gap surface areas determined for each identified gap location for
the primary seal and the secondary seal individually, and then dividing the sum
for each seal type by the nominal diameter of the tank. These total gap areas
for the primary seal and secondary seal are then are compared to the respective
standards for the seal type as specified in paragraph (f)(1)(ii) of this
section.
(E) In the event
that the seal gap measurements do not conform to the specifications in
paragraph (f)(1)(ii) of this section, the remanufacturer or other person that
stores or treats the hazardous secondary material shall repair the defect in
accordance with the requirements of paragraph (k) of this section.
(F) The remanufacturer or other person that
stores or treats the hazardous secondary material shall maintain a record of
the inspection in accordance with the requirements specified in §
261.1090(b) of this subsection.
(ii) The remanufacturer or other person that
stores or treats the hazardous secondary material shall visually inspect the
external floating roof in accordance with the following requirements:
(A) The floating roof and its closure devices
shall be visually inspected by the remanufacturer or other person that stores
or treats the hazardous secondary material to check for defects that could
result in air pollutant emissions. Defects include, but are not limited to:
Holes, tears, or other openings in the rim seal or seal fabric of the floating
roof; a rim seal detached from the floating roof; all or a portion of the
floating roof deck being submerged below the surface of the liquid in the tank;
broken, cracked, or otherwise damaged seals or gaskets on closure devices; and
broken or missing hatches, access covers, caps, or other closure
devices.
(B) The remanufacturer or
other person that stores or treats the hazardous secondary material shall
perform an initial inspection of the external floating roof and its closure
devices on or before the date that the tank becomes subject to this section.
Thereafter, the remanufacturer or other person that stores or treats the
hazardous secondary material shall perform the inspections at least once every
year except for the special conditions provided for in paragraph (l) of this
section.
(C) In the event that a
defect is detected, the remanufacturer or other person that stores or treats
the hazardous secondary material remanufacturer or other person that stores or
treats the hazardous secondary material shall repair the defect in accordance
with the requirements of paragraph (k) of this section.
(D) The remanufacturer or other person that
stores or treats the hazardous secondary material shall maintain a record of
the inspection in accordance with the requirements specified in §
261.1090(b) of this subsection.
(iii) Prior to each inspection required by
paragraph (f)(3)(i) or (f)(3)(ii) of this section, the remanufacturer or other
person that stores or treats the hazardous secondary material shall notify the
Director in advance of each inspection to provide the Director with the
opportunity to have an observer present during the inspection. The
remanufacturer or other person that stores or treats the hazardous secondary
material shall notify the Director of the date and location of the inspection
as follows:
(A) Prior to each inspection to
measure external floating roof seal gaps as required under paragraph (f)(3)(i)
of this section, written notification shall be prepared and sent by the owner
or operator so that it is received by the Director at least 30 calendar days
before the date the measurements are scheduled to be performed.
(B) Prior to each visual inspection of an
external floating roof in a tank that has been emptied and degassed, written
notification shall be prepared and sent by the remanufacturer or other person
that stores or treats the hazardous secondary material so that it is received
by the Director at least 30 calendar days before refilling the tank except when
an inspection is not planned as provided for in paragraph (f)(3)(iii)(C) of
this section.
(C) When a visual
inspection is not planned and the remanufacturer or other person that stores or
treats the hazardous secondary material could not have known about the
inspection 30 calendar days before refilling the tank, the remanufacturer or
other person that stores or treats the hazardous secondary material shall
notify the Director as soon as possible, but no later than 7 calendar days
before refilling of the tank. This notification may be made by telephone and
immediately followed by a written explanation for why the inspection is
unplanned. Alternatively, written notification, including the explanation for
the unplanned inspection, may be sent so that it is received by the Director at
least 7 calendar days before refilling the tank.
(4) Safety devices, as defined in §
261.1081 of this subsection, may be installed and operated as necessary on any
tank complying with the requirements of paragraph (f) of this
section.
(g) The
remanufacturer or other person that stores or treats the hazardous secondary
material who controls air pollutant emissions from a tank by venting the tank
to a control device shall meet the requirements specified in paragraphs (g)(1)
through (g)(3) of this section.
(1) The tank
shall be covered by a fixed roof and vented directly through a closed-vent
system to a control device in accordance with the following requirements:
(i) The fixed roof and its closure devices
shall be designed to form a continuous barrier over the entire surface area of
the liquid in the tank.
(ii) Each
opening in the fixed roof not vented to the control device shall be equipped
with a closure device. If the pressure in the vapor headspace underneath the
fixed roof is less than atmospheric pressure when the control device is
operating, the closure devices shall be designed to operate such that when the
closure device is secured in the closed position there are no visible cracks,
holes, gaps, or other open spaces in the closure device or between the
perimeter of the cover opening and the closure device. If the pressure in the
vapor headspace underneath the fixed roof is equal to or greater than
atmospheric pressure when the control device is operating, the closure device
shall be designed to operate with no detectable organic emissions.
(iii) The fixed roof and its closure devices
shall be made of suitable materials that will minimize exposure of the
hazardous secondary materials to the atmosphere, to the extent practical, and
will maintain the integrity of the fixed roof and closure devices throughout
their intended service life. Factors to be considered when selecting the
materials for and designing the fixed roof and closure devices shall include:
Organic vapor permeability, the effects of any contact with the liquid and its
vapor managed in the tank; the effects of outdoor exposure to wind, moisture,
and sunlight; and the operating practices used for the tank on which the fixed
roof is installed.
(iv) The
closed-vent system and control device shall be designed and operated in
accordance with the requirements of § 261.1088 of this
subsection.
(2) Whenever
a hazardous secondary materials is in the tank, the fixed roof shall be
installed with each closure device secured in the closed position and the vapor
headspace underneath the fixed roof vented to the control device except as
follows:
(i) Venting to the control device is
not required, and opening of closure devices or removal of the fixed roof is
allowed at the following times:
(A) To
provide access to the tank for performing routine inspection, maintenance, or
other activities needed for normal operations. Examples of such activities
include those times when a worker needs to open a port to sample liquid in the
tank, or when a worker needs to open a hatch to maintain or repair equipment.
Following completion of the activity, the remanufacturer or other person that
stores or treats the hazardous secondary material shall promptly secure the
closure device in the closed position or reinstall the cover, as applicable, to
the tank.
(B) To remove accumulated
sludge or other residues from the bottom of a tank.
(ii) Opening of a safety device, as defined
in § 261.1081 of this subsection, is allowed at any time conditions
require doing so to avoid an unsafe condition.
(3) The remanufacturer or other person that
stores or treats the hazardous secondary material shall inspect and monitor the
air emission control equipment in accordance with the following procedures:
(i) The fixed roof and its closure devices
shall be visually inspected by the remanufacturer or other person that stores
or treats the hazardous secondary material to check for defects that could
result in air pollutant emissions. Defects include, but are not limited to,
visible cracks, holes, or gaps in the roof sections or between the roof and the
tank wall; broken, cracked, or otherwise damaged seals or gaskets on closure
devices; and broken or missing hatches, access covers, caps, or other closure
devices.
(ii) The closed-vent
system and control device shall be inspected and monitored by the
remanufacturer or other person that stores or treats the hazardous secondary
material in accordance with the procedures specified in § 261.1088 of this
subsection.
(iii) The
remanufacturer or other person that stores or treats the hazardous secondary
material shall perform an initial inspection of the air emission control
equipment on or before the date that the tank becomes subject to this section.
Thereafter, the remanufacturer or other person that stores or treats the
hazardous secondary material shall perform the inspections at least once every
year except for the special conditions provided for in paragraph (l) of this
section.
(iv) In the event that a
defect is detected, the remanufacturer or other person that stores or treats
the hazardous secondary material shall repair the defect in accordance with the
requirements of paragraph (k) of this section.
(v) The remanufacturer or other person that
stores or treats the hazardous secondary material shall maintain a record of
the inspection in accordance with the requirements specified in §
261.1090(b) of this subsection.
(h) The remanufacturer or other person that
stores or treats the hazardous secondary material who controls air pollutant
emissions by using a pressure tank shall meet the following requirements.
(1) The tank shall be designed not to vent to
the atmosphere as a result of compression of the vapor headspace in the tank
during filling of the tank to its design capacity.
(2) All tank openings shall be equipped with
closure devices designed to operate with no detectable organic emissions as
determined using the procedure specified in § 261.1084(d) of this
subsection.
(3) Whenever a
hazardous secondary materials is in the tank, the tank shall be operated as a
closed system that does not vent to the atmosphere except under either of the
following conditions as specified in paragraph (h)(3)(i) or (h)(3)(ii) of this
section.
(i) At those times when opening of a
safety device, as defined in § 261.1081 of this subsection, is required to
avoid an unsafe condition.
(ii) At
those times when purging of inerts from the tank is required and the purge
stream is routed to a closed-vent system and control device designed and
operated in accordance with the requirements of § 261.1088 of this
subsection.
(i)
The remanufacturer or other person that stores or treats the hazardous
secondary material who controls air pollutant emissions by using an enclosure
vented through a closed-vent system to an enclosed combustion control device
shall meet the requirements specified in paragraphs (i)(1) through (i)(4) of
this section.
(1) The tank shall be located
inside an enclosure. The enclosure shall be designed and operated in accordance
with the criteria for a permanent total enclosure as specified in "Procedure T
- Criteria for and Verification of a Permanent or Temporary Total Enclosure"
under
40
CFR 52.741, Appendix B. The enclosure may
have permanent or temporary openings to allow worker access; passage of
material into or out of the enclosure by conveyor, vehicles, or other
mechanical means; entry of permanent mechanical or electrical equipment; or
direct airflow into the enclosure. The remanufacturer or other person that
stores or treats the hazardous secondary material shall perform the
verification procedure for the enclosure as specified in Section 5.0 to
"Procedure T - Criteria for and Verification of a Permanent or Temporary Total
Enclosure" initially when the enclosure is first installed and, thereafter,
annually.
(2) The enclosure shall
be vented through a closed-vent system to an enclosed combustion control device
that is designed and operated in accordance with the standards for either a
vapor incinerator, boiler, or process heater specified in § 261.1088 of
this subsection.
(3) Safety
devices, as defined in § 261.1081 of this subsection, may be installed and
operated as necessary on any enclosure, closed-vent system, or control device
used to comply with the requirements of paragraphs (i)(1) and (i)(2) of this
section.
(4) The remanufacturer or
other person that stores or treats the hazardous secondary material shall
inspect and monitor the closed-vent system and control device as specified in
§ 261.1088 of this subsection.
(j) The remanufacturer or other person that
stores or treats the hazardous secondary material shall transfer hazardous
secondary materials to a tank subject to this section in accordance with the
following requirements:
(1) Transfer of
hazardous secondary materials, except as provided in paragraph (j)(2) of this
section, to the tank from another tank subject to this section or from a
surface impoundment subject to § 261.1086 of this subsection shall be
conducted using continuous hard-piping or another closed system that does not
allow exposure of the hazardous secondary materials to the atmosphere. For the
purpose of complying with this provision, an individual drain system is
considered to be a closed system when it meets the requirements of 40 CFR part
63, subpart RR - National Emission Standards for Individual Drain
Systems.
(2) The requirements of
paragraph (j)(1) do not apply when transferring a hazardous secondary materials
to the tank under any of the following conditions:
(i) The hazardous secondary materials meets
the average VO concentration conditions specified in § 261.1083(c)(1) of
this subsection at the point of waste origination.
(ii) The hazardous secondary materials has
been treated by an organic destruction or removal process to meet the
requirements in § 261.1083(c)(2) of this subsection.
(iii) The hazardous secondary materials meets
the requirements of § 261.1083(c)(4) of this subsection.
(k) The remanufacturer
or other person that stores or treats the hazardous secondary material shall
repair each defect detected during an inspection performed in accordance with
the requirements of paragraphs (c)(4), (e)(3), (f)(3), or (g)(3) of this
section as follows:
(1) The remanufacturer or
other person that stores or treats the hazardous secondary material shall make
first efforts at repair of the defect no later than 5 calendar days after
detection, and repair shall be completed as soon as possible but no later than
45 calendar days after detection except as provided in paragraph (k)(2) of this
section.
(2) Repair of a defect may
be delayed beyond 45 calendar days if the remanufacturer or other person that
stores or treats the hazardous secondary material determines that repair of the
defect requires emptying or temporary removal from service of the tank and no
alternative tank capacity is available at the site to accept the hazardous
secondary materials normally managed in the tank. In this case, the
remanufacturer or other person that stores or treats the hazardous secondary
material shall repair the defect the next time the process or unit that is
generating the hazardous secondary materials managed in the tank stops
operation. Repair of the defect shall be completed before the process or unit
resumes operation.
(l)
Following the initial inspection and monitoring of the cover as required by the
applicable provisions of this subsection, subsequent inspection and monitoring
may be performed at intervals longer than 1 year under the following special
conditions:
(1) In the case when inspecting
or monitoring the cover would expose a worker to dangerous, hazardous, or other
unsafe conditions, then the remanufacturer or other person that stores or
treats the hazardous secondary material may designate a cover as an "unsafe to
inspect and monitor cover" and comply with all of the following requirements:
(i) Prepare a written explanation for the
cover stating the reasons why the cover is unsafe to visually inspector to
monitor, if required.
(ii) Develop
and implement a written plan and schedule to inspect and monitor the cover,
using the procedures specified in the applicable section of this subsection, as
frequently as practicable during those times when a worker can safely access
the cover.
(2) In the
case when a tank is buried partially or entirely underground, an remanufacturer
or other person that stores or treats the hazardous secondary material is
required to inspect and monitor, as required by the applicable provisions of
this section, only those portions of the tank cover and those connections to
the tank (e.g., fill ports, access hatches, gauge wells, etc.) that are located
on or above the ground surface.
§ 261.1085
[Reserved]
§
261.1086
Standards: Containers
(a) The provisions of this section apply to
the control of air pollutant emissions from containers for which §
261.1083(b) of this subsection references the use of this section for such air
emission control.
(b) General
requirements.
(1) The remanufacturer or other
person that stores or treats the hazardous secondary material shall control air
pollutant emissions from each container subject to this section in accordance
with the following requirements, as applicable to the container, except when
the special provisions for waste stabilization processes specified in paragraph
(b)(2) of this section apply to the container.
(i) For a container having a design capacity
greater than 0.1 m3 and less than or equal to 0.46 m3, the remanufacturer or
other person that stores or treats the hazardous secondary material shall
control air pollutant emissions from the container in accordance with the
Container Level 1 standards specified in paragraph (c) of this
section.
(ii) For a container
having a design capacity greater than 0.46 m3 that is not in light material
service, the remanufacturer or other person that stores or treats the hazardous
secondary material shall control air pollutant emissions from the container in
accordance with the Container Level 1 standards specified in paragraph (c) of
this section.
(iii) For a container
having a design capacity greater than 0.46 m3 that is in light material
service, the shall control air pollutant emissions from the container in
accordance with the Container Level 2 standards specified in paragraph (d) of
this section.
(2)
[Reserved]
(c) Container
Level 1 standards.
(1) A container using
Container Level 1 controls is one of the following:
(i) A container that meets the applicable
U.S. Department of Transportation (DOT) regulations on packaging hazardous
materials for transportation as specified in paragraph (f) of this
section.
(ii) A container equipped
with a cover and closure devices that form a continuous barrier over the
container openings such that when the cover and closure devices are secured in
the closed position there are no visible holes, gaps, or other open spaces into
the interior of the container. The cover may be a separate cover installed on
the container (e.g., a lid on a drum or a suitably secured tarp on a roll-off
box) or may be an integral part of the container structural design (e.g., a
"portable tank" or bulk cargo container equipped with a screw-type
cap).
(iii) An open-top container
in which an organic-vapor suppressing barrier is placed on or over the
hazardous secondary materials in the container such that no hazardous secondary
materials is exposed to the atmosphere. One example of such a barrier is
application of a suitable organic-vapor suppressing foam.
(2) A container used to meet the requirements
of paragraph (c)(1)(ii) or (c)(1)(iii) of this section shall be equipped with
covers and closure devices, as applicable to the container, that are composed
of suitable materials to minimize exposure of the hazardous secondary materials
to the atmosphere and to maintain the equipment integrity for as long as it is
in service. Factors to be considered in selecting the materials of construction
and designing the cover and closure devices shall include: Organic vapor
permeability, the effects of contact with the hazardous secondary materials or
its vapor managed in the container; the effects of outdoor exposure of the
closure device or cover material to wind, moisture, and sunlight; and the
operating practices for which the container is intended to be used.
(3) Whenever a hazardous secondary materials
is in a container using Container Level 1 controls, the remanufacturer or other
person that stores or treats the hazardous secondary material shall install all
covers and closure devices for the container, as applicable to the container,
and secure and maintain each closure device in the closed position except as
follows:
(i) Opening of a closure device or
cover is allowed for the purpose of adding hazardous secondary materials or
other material to the container as follows:
(A) In the case when the container is filled
to the intended final level in one continuous operation, the remanufacturer or
other person that stores or treats the hazardous secondary material shall
promptly secure the closure devices in the closed position and install the
covers, as applicable to the container, upon conclusion of the filling
operation.
(B) In the case when
discrete quantities or batches of material intermittently are added to the
container over a period of time, the remanufacturer or other person that stores
or treats the hazardous secondary material shall promptly secure the closure
devices in the closed position and install covers, as applicable to the
container, upon either the container being filled to the intended final level;
the completion of a batch loading after which no additional material will be
added to the container within 15 minutes; the person performing the loading
operation leaving the immediate vicinity of the container; or the shutdown of
the process generating the material being added to the container, whichever
condition occurs first.
(ii) Opening of a closure device or cover is
allowed for the purpose of removing hazardous secondary materials from the
container as follows:
(A) For the purpose of
meeting the requirements of this section, an empty container as defined in
§ 261.7(b) may be open to the atmosphere at any time (i.e., covers and
closure devices are not required to be secured in the closed position on an
empty container).
(B) In the case
when discrete quantities or batches of material are removed from the container
but the container does not meet the conditions to be an empty container as
defined in § 261.7(b), the remanufacturer or other person that stores or
treats the hazardous secondary material shall promptly secure the closure
devices in the closed position and install covers, as applicable to the
container, upon the completion of a batch removal after which no additional
material will be removed from the container within 15 minutes or the person
performing the unloading operation leaves the immediate vicinity of the
container, whichever condition occurs first.
(iii) Opening of a closure device or cover is
allowed when access inside the container is needed to perform routine
activities other than transfer of hazardous secondary materials. Examples of
such activities include those times when a worker needs to open a port to
measure the depth of or sample the material in the container, or when a worker
needs to open a manhole hatch to access equipment inside the container.
Following completion of the activity, the remanufacturer or other person that
stores or treats the hazardous secondary material shall promptly secure the
closure device in the closed position or reinstall the cover, as applicable to
the container.
(iv) Opening of a
spring-loaded, pressure-vacuum relief valve, conservation vent, or similar type
of pressure relief device which vents to the atmosphere is allowed during
normal operations for the purpose of maintaining the container internal
pressure in accordance with the design specifications of the container. The
device shall be designed to operate with no detectable organic emissions when
the device is secured in the closed position. The settings at which the device
opens shall be established such that the device remains in the closed position
whenever the internal pressure of the container is within the internal pressure
operating range determined by the remanufacturer or other person that stores or
treats the hazardous secondary material based on container manufacturer
recommendations, applicable rules, fire protection and prevention codes,
standard engineering codes and practices, or other requirements for the safe
handling of flammable, ignitable, explosive, reactive, or hazardous materials.
Examples of normal operating conditions that may require these devices to open
are during those times when the internal pressure of the container exceeds the
internal pressure operating range for the container as a result of loading
operations or diurnal ambient temperature fluctuations.
(v) Opening of a safety device, as defined in
§ 261.1081 of this subsection, is allowed at any time conditions require
doing so to avoid an unsafe condition.
(4) The remanufacturer or other person that
stores or treats the hazardous secondary material of containers using Container
Level 1 controls shall inspect the containers and their covers and closure
devices as follows:
(i) In the case when a
hazardous secondary materials already is in the container at the time the
remanufacturer or other person that stores or treats the hazardous secondary
material first accepts possession of the container at the facility and the
container is not emptied within 24 hours after the container is accepted at the
facility (i.e., does not meet the conditions for an empty container as
specified in § 261.7(b)), the remanufacturer or other person that stores
or treats the hazardous secondary material shall visually inspect the container
and its cover and closure devices to check for visible cracks, holes, gaps, or
other open spaces into the interior of the container when the cover and closure
devices are secured in the closed position. The container visual inspection
shall be conducted on or before the date that the container is accepted at the
facility (i.e., the date the container becomes subject to the subsection CC
container standards). For purposes of this requirement, the date of acceptance
is the date of signature that the facility remanufacturer or other person that
stores or treats the hazardous secondary material enters on Item 20 of the
Hazardous secondary materials Manifest in the appendix to Section 262 (EPA
Forms 8700-22 and 8700-22A), as required under subsection E of this section, at
§ 261.71. If a defect is detected, the remanufacturer or other person that
stores or treats the hazardous secondary material shall repair the defect in
accordance with the requirements of paragraph (c)(4)(iii) of this
section.
(ii) In the case when a
container used for managing hazardous secondary materials remains at the
facility for a period of 1 year or more, the remanufacturer or other person
that stores or treats the hazardous secondary material shall visually inspect
the container and its cover and closure devices initially and thereafter, at
least once every 12 months, to check for visible cracks, holes, gaps, or other
open spaces into the interior of the container when the cover and closure
devices are secured in the closed position. If a defect is detected, the
remanufacturer or other person that stores or treats the hazardous secondary
material shall repair the defect in accordance with the requirements of
paragraph (c)(4)(iii) of this section.
(iii) When a defect is detected for the
container, cover, or closure devices, the remanufacturer or other person that
stores or treats the hazardous secondary material shall make first efforts at
repair of the defect no later than 24 hours after detection, and repair shall
be completed as soon as possible but no later than 5 calendar days after
detection. If repair of a defect cannot be completed within 5 calendar days,
then the hazardous secondary materials shall be removed from the container and
the container shall not be used to manage hazardous secondary materials until
the defect is repaired.
(5) The remanufacturer or other person that
stores or treats the hazardous secondary material shall maintain at the
facility a copy of the procedure used to determine that containers with
capacity of 0.46 m3 or greater, which do not meet applicable DOT regulations as
specified in paragraph (f) of this section, are not managing hazardous
secondary materials in light material service.
(d) Container Level 2 standards.
(1) A container using Container Level 2
controls is one of the following:
(i) A
container that meets the applicable U.S. Department of Transportation (DOT)
regulations on packaging hazardous materials for transportation as specified in
paragraph (f) of this section.
(ii)
A container that operates with no detectable organic emissions as defined in
§ 261.1081 of this subsection and determined in accordance with the
procedure specified in paragraph (g) of this section.
(iii) A container that has been demonstrated
within the preceding 12 months to be vapor-tight by using 40 CFR part 60,
appendix A, Method 27 in accordance the procedure specified in paragraph (h) of
this section.
(2)
Transfer of hazardous secondary materials in or out of a container using
Container Level 2 controls shall be conducted in such a manner as to minimize
exposure of the hazardous secondary materials to the atmosphere, to the extent
practical, considering the physical properties of the hazardous secondary
materials and good engineering and safety practices for handling flammable,
ignitable, explosive, reactive or other hazardous materials. Examples of
container loading procedures that the EPA considers to meet the requirements of
this paragraph include using any one of the following: A submerged-fill pipe or
other submerged-fill method to load liquids into the container; a
vapor-balancing system or a vapor-recovery system to collect and control the
vapors displaced from the container during filling operations; or a fitted
opening in the top of a container through which the hazardous secondary
materials is filled and subsequently purging the transfer line before removing
it from the container opening.
(3)
Whenever a hazardous secondary materials is in a container using Container
Level 2 controls, the remanufacturer or other person that stores or treats the
hazardous secondary material shall install all covers and closure devices for
the container, and secure and maintain each closure device in the closed
position except as follows:
(i) Opening of a
closure device or cover is allowed for the purpose of adding hazardous
secondary materials or other material to the container as follows:
(A) In the case when the container is filled
to the intended final level in one continuous operation, the remanufacturer or
other person that stores or treats the hazardous secondary material
remanufacturer or other person that stores or treats the hazardous secondary
material shall promptly secure the closure devices in the closed position and
install the covers, as applicable to the container, upon conclusion of the
filling operation.
(B) In the case
when discrete quantities or batches of material intermittently are added to the
container over a period of time, the remanufacturer or other person that stores
or treats the hazardous secondary material shall promptly secure the closure
devices in the closed position and install covers, as applicable to the
container, upon either the container being filled to the intended final level;
the completion of a batch loading after which no additional material will be
added to the container within 15 minutes; the person performing the loading
operation leaving the immediate vicinity of the container; or the shutdown of
the process generating the material being added to the container, whichever
condition occurs first.
(ii) Opening of a closure device or cover is
allowed for the purpose of removing hazardous secondary materials from the
container as follows:
(A) For the purpose of
meeting the requirements of this section, an empty container as defined in
§ 261.7(b) may be open to the atmosphere at any time (i.e., covers and
closure devices are not required to be secured in the closed position on an
empty container).
(B) In the case
when discrete quantities or batches of material are removed from the container
but the container does not meet the conditions to be an empty container as
defined in § 261.7(b), the remanufacturer or other person that stores or
treats the hazardous secondary material shall promptly secure the closure
devices in the closed position and install covers, as applicable to the
container, upon the completion of a batch removal after which no additional
material will be removed from the container within 15 minutes or the person
performing the unloading operation leaves the immediate vicinity of the
container, whichever condition occurs first.
(iii) Opening of a closure device or cover is
allowed when access inside the container is needed to perform routine
activities other than transfer of hazardous secondary materials. Examples of
such activities include those times when a worker needs to open a port to
measure the depth of or sample the material in the container, or when a worker
needs to open a manhole hatch to access equipment inside the container.
Following completion of the activity, the remanufacturer or other person that
stores or treats the hazardous secondary material remanufacturer or other
person that stores or treats the hazardous secondary material shall promptly
secure the closure device in the closed position or reinstall the cover, as
applicable to the container.
(iv)
Opening of a spring-loaded, pressure-vacuum relief valve, conservation vent, or
similar type of pressure relief device which vents to the atmosphere is allowed
during normal operations for the purpose of maintaining the internal pressure
of the container in accordance with the container design specifications. The
device shall be designed to operate with no detectable organic emission when
the device is secured in the closed position. The settings at which the device
opens shall be established such that the device remains in the closed position
whenever the internal pressure of the container is within the internal pressure
operating range determined by the remanufacturer or other person that stores or
treats the hazardous secondary material based on container manufacturer
recommendations, applicable rules, fire protection and prevention codes,
standard engineering codes and practices, or other requirements for the safe
handling of flammable, ignitable, explosive, reactive, or hazardous materials.
Examples of normal operating conditions that may require these devices to open
are during those times when the internal pressure of the container exceeds the
internal pressure operating range for the container as a result of loading
operations or diurnal ambient temperature fluctuations.
(v) Opening of a safety device, as defined in
§ 261.1081 of this subsection, is allowed at any time conditions require
doing so to avoid an unsafe condition.
(4) The remanufacturer or other person that
stores or treats the hazardous secondary material of containers using Container
Level 2 controls shall inspect the containers and their covers and closure
devices as follows:
(i) In the case when a
hazardous secondary materials already is in the container at the time the
remanufacturer or other person that stores or treats the hazardous secondary
material first accepts possession of the container at the facility and the
container is not emptied within 24 hours after the container is accepted at the
facility (i.e., does not meet the conditions for an empty container as
specified in § 261.7(b)), the remanufacturer or other person that stores
or treats the hazardous secondary material shall visually inspect the container
and its cover and closure devices to check for visible cracks, holes, gaps, or
other open spaces into the interior of the container when the cover and closure
devices are secured in the closed position. The container visual inspection
shall be conducted on or before the date that the container is accepted at the
facility (i.e., the date the container becomes subject to the subsection CC
container standards). For purposes of this requirement, the date of acceptance
is the date of signature that the facility remanufacturer or other person that
stores or treats the hazardous secondary material enters on Item 20 of the
Hazardous secondary materials Manifest in the appendix to Section 262 (EPA
Forms 8700-22 and 8700-22A), as required under subsection E of this section, at
§ 261.71. If a defect is detected, the remanufacturer or other person that
stores or treats the hazardous secondary material shall repair the defect in
accordance with the requirements of paragraph (d)(4)(iii) of this
section.
(ii) In the case when a
container used for managing hazardous secondary materials remains at the
facility for a period of 1 year or more, the remanufacturer or other person
that stores or treats the hazardous secondary material shall visually inspect
the container and its cover and closure devices initially and thereafter, at
least once every 12 months, to check for visible cracks, holes, gaps, or other
open spaces into the interior of the container when the cover and closure
devices are secured in the closed position. If a defect is detected, the
remanufacturer or other person that stores or treats the hazardous secondary
material shall repair the defect in accordance with the requirements of
paragraph (d)(4)(iii) of this section.
(iii) When a defect is detected for the
container, cover, or closure devices, the remanufacturer or other person that
stores or treats the hazardous secondary material shall make first efforts at
repair of the defect no later than 24 hours after detection, and repair shall
be completed as soon as possible but no later than 5 calendar days after
detection. If repair of a defect cannot be completed within 5 calendar days,
then the hazardous secondary materials shall be removed from the container and
the container shall not be used to manage hazardous secondary materials until
the defect is repaired.
(e) Container Level 3 standards.
(1) A container using Container Level 3
controls is one of the following:
(i) A
container that is vented directly through a closed-vent system to a control
device in accordance with the requirements of paragraph (e)(2)(ii) of this
section.
(ii) A container that is
vented inside an enclosure which is exhausted through a closed-vent system to a
control device in accordance with the requirements of paragraphs (e)(2)(i) and
(e)(2)(ii) of this section.
(2) The remanufacturer or other person that
stores or treats the hazardous secondary material remanufacturer or other
person that stores or treats the hazardous secondary material shall meet the
following requirements, as applicable to the type of air emission control
equipment selected by the remanufacturer or other person that stores or treats
the hazardous secondary material:
(i) The
container enclosure shall be designed and operated in accordance with the
criteria for a permanent total enclosure as specified in "Procedure T -
Criteria for and Verification of a Permanent or Temporary Total Enclosure"
under
40
CFR 52.741, Appendix B. The enclosure may
have permanent or temporary openings to allow worker access; passage of
containers through the enclosure by conveyor or other mechanical means; entry
of permanent mechanical or electrical equipment; or direct airflow into the
enclosure. The remanufacturer or other person that stores or treats the
hazardous secondary material shall perform the verification procedure for the
enclosure as specified in Section 5.0 to "Procedure T - Criteria for and
Verification of a Permanent or Temporary Total Enclosure" initially when the
enclosure is first installed and, thereafter, annually.
(ii) The closed-vent system and control
device shall be designed and operated in accordance with the requirements of
§ 261.1088 of this subsection.
(3) Safety devices, as defined in §
261.1081 of this subsection, may be installed and operated as necessary on any
container, enclosure, closed-vent system, or control device used to comply with
the requirements of paragraph (e)(1) of this section.
(4) Owners and operators using Container
Level 3 controls in accordance with the provisions of this subsection shall
inspect and monitor the closed-vent systems and control devices as specified in
§ 261.1088 of this subsection.
(5) Owners and operators that use Container
Level 3 controls in accordance with the provisions of this subsection shall
prepare and maintain the records specified in § 261.1090(d) of this
subsection.
(6) Transfer of
hazardous secondary materials in or out of a container using Container Level 3
controls shall be conducted in such a manner as to minimize exposure of the
hazardous secondary materials to the atmosphere, to the extent practical,
considering the physical properties of the hazardous secondary materials and
good engineering and safety practices for handling flammable, ignitable,
explosive, reactive, or other hazardous materials. Examples of container
loading procedures that the EPA considers to meet the requirements of this
paragraph include using any one of the following: A submerged-fill pipe or
other submerged-fill method to load liquids into the container; a
vapor-balancing system or a vapor-recovery system to collect and control the
vapors displaced from the container during filling operations; or a fitted
opening in the top of a container through which the hazardous secondary
materials is filled and subsequently purging the transfer line before removing
it from the container opening.
(f) For the purpose of compliance with
paragraph (c)(1)(i) or (d)(1)(i) of this section, containers shall be used that
meet the applicable U.S. Department of Transportation (DOT) regulations on
packaging hazardous materials for transportation as follows:
(1) The container meets the applicable
requirements specified in 49 CFR part 178 -Specifications for Packaging or 49
CFR part 179 - Specifications for Tank Cars.
(2) Hazardous secondary materials is managed
in the container in accordance with the applicable requirements specified in 49
CFR part 107, subpart B - Exemptions; 49 CFR part 172 - Hazardous Materials
Table, Special Provisions, Hazardous Materials Communications, Emergency
Response Information, and Training Requirements; 49 CFR part 173 - Shippers
-General Requirements for Shipments and Packages; and 49 CFR part 180 -
Continuing Qualification and Maintenance of Packagings.
(3) For the purpose of complying with this
subsection, no exceptions to the 49 CFR part 178 or part 179 regulations are
allowed except as provided for in paragraph (f)(4) of this section.
(4) For a lab pack that is managed in
accordance with the requirements of 49 CFR part 178 for the purpose of
complying with this subsection, an remanufacturer or other person that stores
or treats the hazardous secondary material may comply with the exceptions for
combination packagings specified in
49 CFR
173.12(b).
(g) To determine compliance with the no
detectable organic emissions requirements of paragraph (d)(1)(ii) of this
section, the procedure specified in § 261.1084(d) of this subsection shall
be used.
(h) Procedure for
determining a container to be vapor-tight using Method 27 of 40 CFR part 60,
appendix A for the purpose of complying with paragraph (d)(1)(iii) of this
section.
(1) The test shall be performed in
accordance with Method 27 of 40 CFR part 60, appendix A.
(2) A pressure measurement device shall be
used that has a precision of " 2.5 mm water and that is capable of measuring
above the pressure at which the container is to be tested for vapor
tightness.
(3) If the test results
determined by Method 27 indicate that the container sustains a pressure change
less than or equal to 750 Pascals within 5 minutes after it is pressurized to a
minimum of 4,500 Pascals, then the container is determined to be
vapor-tight.
§
261.1087
Standards: Closed-vent systems and control
devices
(a) This section applies to
each closed-vent system and control device installed and operated by the
remanufacturer or other person that stores or treats the hazardous secondary
material to control air emissions in accordance with standards of this
subsection.
(b) The closed-vent
system shall meet the following requirements:
(1) The closed-vent system shall route the
gases, vapors, and fumes emitted from the hazardous secondary materials in the
waste management unit to a control device that meets the requirements specified
in paragraph (c) of this section.
(2) The closed-vent system shall be designed
and operated in accordance with the requirements specified in §
261.1033(j) of this section.
(3) In
the case when the closed-vent system includes bypass devices that could be used
to divert the gas or vapor stream to the atmosphere before entering the control
device, each bypass device shall be equipped with either a flow indicator as
specified in paragraph (b)(3)(i) of this section or a seal or locking device as
specified in paragraph (b)(3)(ii) of this section. For the purpose of complying
with this paragraph, low leg drains, high point bleeds, analyzer vents,
open-ended valves or lines, spring-loaded pressure relief valves, and other
fittings used for safety purposes are not considered to be bypass devices.
(i) If a flow indicator is used to comply
with paragraph (b)(3) of this section, the indicator shall be installed at the
inlet to the bypass line used to divert gases and vapors from the closed-vent
system to the atmosphere at a point upstream of the control device inlet. For
this paragraph, a flow indicator means a device which indicates the presence of
either gas or vapor flow in the bypass line.
(ii) If a seal or locking device is used to
comply with paragraph (b)(3) of this section, the device shall be placed on the
mechanism by which the bypass device position is controlled (e.g., valve
handle, damper lever) when the bypass device is in the closed position such
that the bypass device cannot be opened without breaking the seal or removing
the lock. Examples of such devices include, but are not limited to, a car-seal
or a lock-and-key configuration valve. The remanufacturer or other person that
stores or treats the hazardous secondary material shall visually inspect the
seal or closure mechanism at least once every month to verify that the bypass
mechanism is maintained in the closed position.
(4) The closed-vent system shall be inspected
and monitored by the remanufacturer or other person that stores or treats the
hazardous secondary material in accordance with the procedure specified in
§ 261.1033(k).
(c)
The control device shall meet the following requirements:
(1) The control device shall be one of the
following devices:
(i) A control device
designed and operated to reduce the total organic content of the inlet vapor
stream vented to the control device by at least 95 percent by weight;
(ii) An enclosed combustion device designed
and operated in accordance with the requirements of § 261.1033(c);
or
(iii) A flare designed and
operated in accordance with the requirements of § 261.1033(d).
(2) The remanufacturer or other
person that stores or treats the hazardous secondary material who elects to use
a closed-vent system and control device to comply with the requirements of this
section shall comply with the requirements specified in paragraphs (c)(2)(i)
through (c)(2)(vi) of this section.
(i)
Periods of planned routine maintenance of the control device, during which the
control device does not meet the specifications of paragraphs (c)(1)(i),
(c)(1)(ii), or (c)(1)(iii) of this section, as applicable, shall not exceed 240
hours per year.
(ii) The
specifications and requirements in paragraphs (c)(1)(i), (c)(1)(ii), and
(c)(1)(iii) of this section for control devices do not apply during periods of
planned routine maintenance.
(iii)
The specifications and requirements in paragraphs (c)(1)(i), (c)(1)(ii), and
(c)(1)(iii) of this section for control devices do not apply during a control
device system malfunction.
(iv) The
remanufacturer or other person that stores or treats the hazardous secondary
material shall demonstrate compliance with the requirements of paragraph
(c)(2)(i) of this section (i.e., planned routine maintenance of a control
device, during which the control device does not meet the specifications of
paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this section, as
applicable, shall not exceed 240 hours per year) by recording the information
specified in § 261.1090(e)(1)(v) of this subsection.
(v) The remanufacturer or other person that
stores or treats the hazardous secondary material shall correct control device
system malfunctions as soon as practicable after their occurrence in order to
minimize excess emissions of air pollutants.
(vi) The remanufacturer or other person that
stores or treats the hazardous secondary material shall operate the closed-vent
system such that gases, vapors, and/or fumes are not actively vented to the
control device during periods of planned maintenance or control device system
malfunction (i.e., periods when the control device is not operating or not
operating normally) except in cases when it is necessary to vent the gases,
vapors, or fumes to avoid an unsafe condition or to implement malfunction
corrective actions or planned maintenance actions.
(3) The remanufacturer or other person that
stores or treats the hazardous secondary material using a carbon adsorption
system to comply with paragraph (c)(1) of this section shall operate and
maintain the control device in accordance with the following requirements:
(i) Following the initial startup of the
control device, all activated carbon in the control device shall be replaced
with fresh carbon on a regular basis in accordance with the requirements of
§ 261.1033(g) or § 261.1033(h).
(ii) All carbon that is a hazardous secondary
materials and that is removed from the control device shall be managed in
accordance with the requirements of § 261.1033(m), regardless of the
average volatile organic concentration of the carbon.
(4) A remanufacturer or other person that
stores or treats the hazardous secondary material using a control device other
than a thermal vapor incinerator, flare, boiler, process heater, condenser, or
carbon adsorption system to comply with paragraph (c)(1) of this section shall
operate and maintain the control device in accordance with the requirements of
§ 261.1033(i).
(5) The
remanufacturer or other person that stores or treats the hazardous secondary
material shall demonstrate that a control device achieves the performance
requirements of paragraph (c)(1) of this section as follows:
(i) A remanufacturer or other person that
stores or treats the hazardous secondary material shall demonstrate using
either a performance test as specified in paragraph (c)(5)(iii) of this section
or a design analysis as specified in paragraph (c)(5)(iv) of this section the
performance of each control device except for the following:
(A) A flare;
(B) A boiler or process heater with a design
heat input capacity of 44 megawatts or greater;
(C) A boiler or process heater into which the
vent stream is introduced with the primary fuel;
(D) A boiler or process heater burning
hazardous secondary materials for which the remanufacturer or other person that
stores or treats the hazardous secondary material has been issued a final
permit under Section 270 and has designed and operates the unit in accordance
with the requirements of Section 266, subsection H; or
(E) A boiler or process heater burning
hazardous secondary materials for which the remanufacturer or other person that
stores or treats the hazardous secondary material has designed and operates in
compliance with the interim status requirements of Section 266, subsection
H.
(ii) A remanufacturer
or other person that stores or treats the hazardous secondary material shall
demonstrate the performance of each flare in accordance with the requirements
specified in § 261.1033(e).
(iii) For a performance test conducted to
meet the requirements of paragraph (c)(5)(i) of this section, the
remanufacturer or other person that stores or treats the hazardous secondary
material shall use the test methods and procedures specified in §
261.1034(c)(1) through (c)(4).
(iv)
For a design analysis conducted to meet the requirements of paragraph (c)(5)(i)
of this section, the design analysis shall meet the requirements specified in
§ 261.1035 (b)(4)(iii).
(v)
The remanufacturer or other person that stores or treats the hazardous
secondary material shall demonstrate that a carbon adsorption system achieves
the performance requirements of paragraph (c)(1) of this section based on the
total quantity of organics vented to the atmosphere from all carbon adsorption
system equipment that is used for organic adsorption, organic desorption or
carbon regeneration, organic recovery, and carbon disposal.
(6) If the remanufacturer or other
person that stores or treats the hazardous secondary material and the Director
do not agree on a demonstration of control device performance using a design
analysis then the disagreement shall be resolved using the results of a
performance test performed by the remanufacturer or other person that stores or
treats the hazardous secondary material in accordance with the requirements of
paragraph (c)(5)(iii) of this section. The Director may choose to have an
authorized representative observe the performance test.
(7) The closed-vent system and control device
shall be inspected and monitored by the remanufacturer or other person that
stores or treats the hazardous secondary material in accordance with the
procedures specified in § 261.1033(f)(2) and § 261.1033(k). The
readings from each monitoring device required by § 261.1033(f)(2) shall be
inspected at least once each operating day to check control device operation.
Any necessary corrective measures shall be immediately implemented to ensure
the control device is operated in compliance with the requirements of this
section.
§
261.1088
Inspection and monitoring requirements
(a) The remanufacturer or other person that
stores or treats the hazardous secondary material shall inspect and monitor air
emission control equipment used to comply with this subsection in accordance
with the applicable requirements specified in § 261.1085 through §
261.1088 of this subsection.
(b)
The remanufacturer or other person that stores or treats the hazardous
secondary material shall develop and implement a written plan and schedule to
perform the inspections and monitoring required by paragraph (a) of this
section. The remanufacturer or other person that stores or treats the hazardous
secondary material shall incorporate this plan and schedule into the facility
inspection plan required under § 261.15.
§ 261.1089
Recordkeeping
requirements
(a) Each remanufacturer or
other person that stores or treats the hazardous secondary material of a
facility subject to requirements in this subsection shall record and maintain
the information specified in paragraphs (b) through (j) of this section, as
applicable to the facility. Except for air emission control equipment design
documentation and information required by paragraphs (i) and (j) of this
section, records required by this section shall be maintained in the operating
record for a minimum of 3 years. Air emission control equipment design
documentation shall be maintained in the operating record until the air
emission control equipment is replaced or otherwise no longer in service.
Information required by paragraphs (i) and (j) of this section shall be
maintained in the operating record for as long as the tank or container is not
using air emission controls specified in §§ 264.1084 through 264.1087
of this subsection in accordance with the conditions specified in §
264.1084(d) of this subsection.
(b)
The remanufacturer or other person that stores or treats the hazardous
secondary material of a tank using air emission controls in accordance with the
requirements of § 261.1085 of this subsection shall prepare and maintain
records for the tank that include the following information:
(1) For each tank using air emission controls
in accordance with the requirements of § 261.1085 of this subsection, the
remanufacturer or other person that stores or treats the hazardous secondary
material shall record:
(i) A tank
identification number (or other unique identification description as selected
by the remanufacturer or other person that stores or treats the hazardous
secondary material).
(ii) A record
for each inspection required by § 261.1085 of this subsection that
includes the following information:
(A) Date
inspection was conducted.
(B) For
each defect detected during the inspection: The location of the defect, a
description of the defect, the date of detection, and corrective action taken
to repair the defect. In the event that repair of the defect is delayed in
accordance with the provisions of § 261.1085 of this subsection, the
remanufacturer or other person that stores or treats the hazardous secondary
material shall also record the reason for the delay and the date that
completion of repair of the defect is expected.
(2) In addition to the information required
by paragraph (b)(1) of this section, the remanufacturer or other person that
stores or treats the hazardous secondary material shall record the following
information, as applicable to the tank:
(i)
The remanufacturer or other person that stores or treats the hazardous
secondary material using a fixed roof to comply with the Tank Level 1 control
requirements specified in § 261.1085(c) of this subsection shall prepare
and maintain records for each determination for the maximum organic vapor
pressure of the hazardous secondary materials in the tank performed in
accordance with the requirements of § 261.1085(c) of this subsection. The
records shall include the date and time the samples were collected, the
analysis method used, and the analysis results.
(ii) The remanufacturer or other person that
stores or treats the hazardous secondary material using an internal floating
roof to comply with the Tank Level 2 control requirements specified in §
261.1085(e) of this subsection shall prepare and maintain documentation
describing the floating roof design.
(iii) Owners and operators using an external
floating roof to comply with the Tank Level 2 control requirements specified in
§ 261.1085(f) of this subsection shall prepare and maintain the following
records:
(A) Documentation describing the
floating roof design and the dimensions of the tank.
(B) Records for each seal gap inspection
required by §261.1085(f)(3) of this subsection describing the results of
the seal gap measurements. The records shall include the date that the
measurements were performed, the raw data obtained for the measurements, and
the calculations of the total gap surface area. In the event that the seal gap
measurements do not conform to the specifications in §261.1085(f)(1) of
this subsection, the records shall include a description of the repairs that
were made, the date the repairs were made, and the date the tank was emptied,
if necessary.
(iv) Each
remanufacturer or other person that stores or treats the hazardous secondary
material using an enclosure to comply with the Tank Level 2 control
requirements specified in § 261.1085(i) of this subsection shall prepare
and maintain the following records:
(A)
Records for the most recent set of calculations and measurements performed by
the remanufacturer or other person that stores or treats the hazardous
secondary material to verify that the enclosure meets the criteria of a
permanent total enclosure as specified in "Procedure T - Criteria for and
Verification of a Permanent or Temporary Total Enclosure" under
40
CFR 52.741, Appendix B.
(B) Records required for the closed-vent
system and control device in accordance with the requirements of paragraph (e)
of this section.
(c) [Reserved]
(d) The remanufacturer or other person that
stores or treats the hazardous secondary material of containers using Container
Level 3 air emission controls in accordance with the requirements of §
261.1087 of this subsection shall prepare and maintain records that include the
following information:
(1) Records for the
most recent set of calculations and measurements performed by the
remanufacturer or other person that stores or treats the hazardous secondary
material to verify that the enclosure meets the criteria of a permanent total
enclosure as specified in "Procedure T - Criteria for and Verification of a
Permanent or Temporary Total Enclosure" under
40
CFR 52.741, Appendix B.
(2) Records required for the closed-vent
system and control device in accordance with the requirements of paragraph (e)
of this section.
(e) The
remanufacturer or other person that stores or treats the hazardous secondary
material using a closed-vent system and control device in accordance with the
requirements of § 261.1088 of this subsection shall prepare and maintain
records that include the following information:
(1) Documentation for the closed-vent system
and control device that includes:
(i)
Certification that is signed and dated by the remanufacturer or other person
that stores or treats the hazardous secondary material stating that the control
device is designed to operate at the performance level documented by a design
analysis as specified in paragraph (e)(1)(ii) of this section or by performance
tests as specified in paragraph (e)(1)(iii) of this section when the tank,
surface impoundment, or container is or would be operating at capacity or the
highest level reasonably expected to occur.
(ii) If a design analysis is used, then
design documentation as specified in §261.1035 (b)(4). The documentation
shall include information prepared by the remanufacturer or other person that
stores or treats the hazardous secondary material or provided by the control
device manufacturer or vendor that describes the control device design in
accordance with APC&EC Rule No. 23 261.1035(b)(4)(iii) and certification by
the remanufacturer or other person that stores or treats the hazardous
secondary material that the control equipment meets the applicable
specifications.
(iii) If
performance tests are used, then a performance test plan as specified in §
261.1035(b)(3) and all test results.
(iv) Information as required by §
261.1035(c)(1) and § 261.1035(c)(2), as applicable.
(v) A remanufacturer or other person that
stores or treats the hazardous secondary material shall record, on a semiannual
basis, the information specified in paragraphs (e)(1)(v)(A) and (e)(1)(v)(B) of
this section for those planned routine maintenance operations that would
require the control device not to meet the requirements of §
261.1088(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this subsection, as
applicable.
(A) A description of the planned
routine maintenance that is anticipated to be performed for the control device
during the next 6-month period. This description shall include the type of
maintenance necessary, planned frequency of maintenance, and lengths of
maintenance periods.
(B) A
description of the planned routine maintenance that was performed for the
control device during the previous 6-month period. This description shall
include the type of maintenance performed and the total number of hours during
those 6 months that the control device did not meet the requirements of §
261.1088(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this subsection, as
applicable, due to planned routine maintenance.
(vi) A remanufacturer or other person that
stores or treats the hazardous secondary material shall record the information
specified in paragraphs (e)(1)(vi)(A) through (e)(1)(vi)(C) of this section for
those unexpected control device system malfunctions that would require the
control device not to meet the requirements of § 261.1088(c)(1)(i),
(c)(1)(ii), or (c)(1)(iii) of this subsection, as applicable.
(A) The occurrence and duration of each
malfunction of the control device system.
(B) The duration of each period during a
malfunction when gases, vapors, or fumes are vented from the waste management
unit through the closed-vent system to the control device while the control
device is not properly functioning.
(C) Actions taken during periods of
malfunction to restore a malfunctioning control device to its normal or usual
manner of operation.
(vii) Records of the management of carbon
removed from a carbon adsorption system conducted in accordance with §
261.1088(c)(3)(ii) of this subsection.
(f) The remanufacturer or other person that
stores or treats the hazardous secondary material of a tank, surface
impoundment, or container exempted from standards in accordance with the
provisions of § 261.1083(c) of this subsection shall prepare and maintain
the following records, as applicable:
(1) For
tanks, surface impoundments, or containers exempted under the hazardous
secondary materials organic concentration conditions specified in §
261.1083(c)(1) or § 261.1083(c)(2)(i) through (c)(2)(vi) of this
subsection, the remanufacturer or other person that stores or treats the
hazardous secondary material shall record the information used for each waste
determination (e.g., test results, measurements, calculations, and other
documentation) in the facility operating log. If analysis results for waste
samples are used for the waste determination, then the remanufacturer or other
person that stores or treats the hazardous secondary material shall record the
date, time, and location that each waste sample is collected in accordance with
applicable requirements of § 261.1084 of this subsection.
(2) [Reserved]
(g) A remanufacturer or other person that
stores or treats the hazardous secondary material designating a cover as
"unsafe to inspect and monitor" pursuant to § 261.1085(l) or §
261.1086(g) of this subsection shall record in a log that is kept in the
facility operating record the following information: The identification numbers
for waste management units with covers that are designated as "unsafe to
inspect and monitor," the explanation for each cover stating why the cover is
unsafe to inspect and monitor, and the plan and schedule for inspecting and
monitoring each cover.
(h) The
remanufacturer or other person that stores or treats the hazardous secondary
material of a facility that is subject to this subsection and to the control
device standards in 40 CFR section 60, subpart VV, or 40 CFR part 61, subpart
V, may elect to demonstrate compliance with the applicable sections of this
subsection by documentation either pursuant to this subsection, or pursuant to
the provisions of 40 CFR part 60, subpart VV or 40 CFR part 61, subpart V, to
the extent that the documentation required by 40 CFR parts 60 or 61 duplicates
the documentation required by this section.
Appendix I to Section 261 -- Representative Sampling Methods
The methods and equipment used for sampling waste materials will vary with the form and consistency of the waste materials to be sampled. Samples collected using the sampling protocols listed below, for sampling waste with properties similar to the indicated materials, will be considered by the Division to be representative of the waste.
Extremely viscous liquid -- ASTM Standard D140-70 Crushed or powdered material -- ASTM Standard D346-75 Soil or rock-like material -- ASTM Standard D420-69 Soil-like material --ASTM Standard D1452-65Fly Ash-like material -- ASTM Standard D2234-76 [ASTM Standards are available from ASTM, 1916 Race St., Philadelphia, PA 19103] Containerized liquid wastes -- "COLIWASA."
Liquid waste in pits, ponds, lagoons, and similar reservoirs. -- "Pond Sampler."
Appendix II to Section 261 - (Reserved).
Appendix III to Section 261 - (Reserved) Chemical Analysis Test Methods
Appendix IV to Section 261 -- [Reserved for Radioactive Waste Test Methods]
Appendix V to Section 261 -- [Reserved for Infectious Waste Treatment Specifications]
Appendix VI to Section 261 -- [Reserved for Etiologic Agents]
Appendix VII to Section 261 -- Basis for Listing Hazardous Waste
|
EPA hazardous waste No. |
Hazardous constituents for which listed # |
|
F001 |
Tetrachloroethylene, methylene chloride trichloroethylene, 1,1,1-trichloroethane, carbon tetrachloride, chlorinated fluorocarbons. |
|
F002 |
Tetrachloroethylene, methylene chloride, trichloroethylene, 1,1,1-trichloroethane, 1,1,2-trichloroethane, chlorobenzene, 1,1,2-trichloro-1,2,2-trifluoroethane, ortho-dichlorobenzene, trichlorofluoromethane. |
|
F003 |
N.A. |
|
F004 |
Cresols and cresylic acid, nitrobenzene. |
|
F005 |
Toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, 2-ethoxyethanol, benzene, 2-nitropropane. |
|
F006 |
Cadmium, hexavalent chromium, nickel, cyanide (complexed). |
|
F007 |
Cyanide (salts). |
|
F008 |
Cyanide (salts). |
|
F009 |
Cyanide (salts). |
|
F010 |
Cyanide (salts). |
|
F011 |
Cyanide (salts). |
|
F012 |
Cyanide (complexed). |
|
F019 |
Hexavalent chromium, cyanide (complexed). |
|
F020 |
Tetra- and pentachlorodibenzo-p-dioxins; tetra and pentachlorodi-benzofurans; tri-and tetrachlorophenols and their chlorophenoxy derivative acids, esters, ethers, amine and other salts. |
|
F021 |
Penta- and hexachlorodibenzo-p- dioxins; penta- and hexachlorodibenzofurans; pentachlorophenol and its derivatives. |
|
F022 |
Tetra-, penta-, and hexachlorodibenzo-p-dioxins; tetra-, penta-, and hexachlorodibenzofurans. |
|
F023 |
Tetra-, and pentachlorodibenzo-p-dioxins; tetra- and pentachlorodibenzofurans; tri- and tetrachlorophenols and their chlorophenoxy derivative acids, esters, ethers, amine and other salts. |
|
F024 |
Chloromethane, dichloromethane, trichloromethane, carbon tetrachloride, chloroethylene, 1,1-dichloroethane, 1,2-dichloroethane, trans-1-2-dichloroethylene, 1,1-dichloroethylene, 1,1,1-trichloroethane, 1,1,2-trichloroethane, trichloroethylene, 1,1,1,2-tetra-chloroethane, 1,1,2,2-tetrachloroethane, tetrachloroethylene, pentachloroethane, hexachloroethane, allyl chloride (3-chloropropene), dichloropropane, dichloropropene, 2-chloro-1,3-butadiene, hexachloro-1,3-butadiene, hexachlorocyclopentadiene, hexachlorocyclohexane, benzene, chlorbenzene, dichlorobenzenes, 1,2,4-trichlorobenzene, tetrachlorobenzene, pentachlorobenzene, hexachlorobenzene, toluene, naphthalene. |
|
F025 |
Chloromethane; Dichloromethane; Trichloromethane; Carbon tetrachloride; Chloroethylene; 1,1-Dichloroethane; 1,2-Dichloroethane; trans-1,2-Dichloroethylene; 1,1-Dichloroethylene; 1,1,1-Trichloroethane; 1,1,2-Trichloroethane; Trichloroethylene; 1,1,1,2-Tetrachloroethane; 1,1,2,2-Tetrachloroethane; Tetrachloroethylene; Pentachloroethane; Hexachloroethane; Allyl chloride (3-Chloropropene); Dichloropropane; Dichloropropene; 2-Chloro-1,3-butadiene; Hexachloro-1,3-butadiene; Hexachlorocyclopentadiene; Benzene; Chlorobenzene; Dichlorobenzene; 1,2,4-Trichlorobenzene; Tetrachlorobenzene; Pentachlorobenzene; Hexachlorobenzene; Toluene; Naphthalene. |
|
F026 |
Tetra-, penta-, and hexachlorodibenzo-p-dioxins; tetra-, penta-, and hexachlorodibenzofurans. |
|
F027 |
Tetra-, penta-, and hexachlorodibenzo-p- dioxins; tetra-, penta-, and hexachlorodibenzofurans; tri-, tetra-, and pentachlorophenols and their chlorophenoxy derivative acids, esters, ethers, amine and other salts. |
|
F028 |
Tetra-, penta-, and hexachlorodibenzo-p- dioxins; tetra-, penta-, and hexachlorodibenzofurans; tri-, tetra-, and pentachlorophenols and their chlorophenoxy derivative acids, esters, ethers, amine and other salts. |
|
F032 |
Benz(a)anthracene, benzo(a)pyrene, dibenz(a,h)-anthracene, indeno(1,2,3-cd)pyrene, pentachlorophenol, arsenic, chromium, tetra-, penta-, hexa-, heptachlorodibenzo-p-dioxins, tetra-, penta-, hexa-, heptachlorodibenzofurans. |
|
F034 |
Benz(a)anthracene, benzo(k)fluoranthene, benzo(a)pyrene, dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene, naphthalene, arsenic, chromium. |
|
F035 |
Arsenic, chromium, lead. |
|
F037 |
Benzene, benzo(a)pyrene, chrysene, lead, chromium. |
|
F038 |
Benzene, benzo(a)pyrene, chrysene, lead, chromium. |
|
F039 |
All constituents for which treatment standards are specified for multi-source leachate (wastewaters and nonwastewaters) under 40 CFR 268.43, Table CCW. |
|
K001 |
Pentachlorophenol, phenol, 2-chlorophenol, p-chloro-m-cresol, 2,4-dimethylphenyl, 2,4-dinitrophenol, trichlorophenols, tetrachlorophenols, 2,4-dinitrophenol, creosote, chrysene, naphthalene, fluoranthene, benzo(b)fluoranthene, benzo(a)pyrene, indeno(l,2,3-cd)pyrene, benz(a)anthracene, dibenz(a)anthracene, acenaphthalene. |
|
K002 |
Hexavalent chromium, lead |
|
K003 |
Hexavalent chromium, lead. |
|
K004 |
Hexavalent chromium. |
|
K005 |
Hexavalent chromium, lead. |
|
K006 |
Hexavalent chromium. |
|
K007 |
Cyanide (complexed), hexavalent chromium. |
|
K008 |
Hexavalent chromium. |
|
K009 |
Chloroform, formaldehyde, methylene chloride, methyl chloride, paraldehyde, formic acid. |
|
K010 |
Chloroform, formaldehyde, methylene chloride, methyl chloride, paraldehyde, formic acid, chloroacetaldehyde. |
|
K011 |
Acrylonitrile, acetonitrile, hydrocyanic acid. |
|
K013 |
Hydrocyanic acid, acrylonitrile, acetonitrile. |
|
K014 |
Acetonitrile, acrylamide. |
|
K015 |
Benzyl chloride, chlorobenzene, toluene, benzotrichloride. |
|
K016 |
Hexachlorobenzene, hexachlorobutadiene, carbon tetrachloride, hexachloroethane, perchl oroethyl ene. |
|
K017 |
Epichlorohydrin, chloroethers [bis(chloromethyl) ether and bis (2-chloroethyl) ethers], trichloropropane, dichloropropanols. |
|
K018 |
1,2-dichloroethane, trichloroethyl ene, hexachlorobutadiene, hexachlorobenzene. |
|
K019 |
Ethylene dichloride, 1,1,1-trichloroethane, 1,1,2-trichloroethane, tetrachloroethanes (1,1,2,2-tetrachloroethane and 1,1,1,2-tetrachloroethane), trichl oroethyl ene, tetrachl oroethyl ene, carbon tetrachloride, chloroform, vinyl chloride, vinylidene chloride. |
|
K020 |
Ethylene di chloride, 1,1,1-trichl oroethane, 1,1,2-trichloroethane, tetrachloroethanes (1,1,2,2-tetrachl oroethane and 1,1,1,2-tetrachl oroethane), trichl oroethyl ene, tetrachl oroethyl ene, carbon tetrachloride, chloroform, vinyl chloride, vinylidene chloride. |
|
K021 |
Antimony, carbon tetrachloride, chloroform. |
|
K022 |
Phenol, tars (polycyclic aromatic hydrocarbons). |
|
K023 |
Phthalic anhydride, maleic anhydride. |
|
K024 |
Phthalic anhydride, 1,4-naphthoquinone. |
|
K025 |
Meta-dinitrobenzene, 2,4-dinitrotoluene. |
|
K026 |
Paraldehyde, pyridines, 2-picoline. |
|
K027 |
Toluene diisocyanate, toluene-2, 4-diamine. |
|
K028 |
1,1,1-trichloroethane, vinyl chloride. |
|
K029 |
1,2-dichloroethane, 1,1,1-trichloroethane, vinyl chloride, vinylidene chloride, chloroform. |
|
K030 |
Hexachlorobenzene, hexachlorobutadiene, hexachloroethane, 1,1,1,2-tetrachloroethane, 1,1,2,2-tetrachloroethane, ethylene dichloride. |
|
K031 |
Arsenic. |
|
K032 |
Hexachlorocyclopentadiene. |
|
K033 |
Hexachlorocyclopentadiene. |
|
K034 |
Hexachlorocyclopentadiene. |
|
K035 |
Creosote, chrysene, naphthalene, fluoranthene benzo(b) fluoranthene, benzo(a)pyrene, indeno(1,2,3-cd) pyrene, benzo(a)anthracene, dibenzo(a)anthracene, acenaphthalene. |
|
K036 |
Toluene, phosphorodithioic and phosphorothioic acid esters. |
|
K037 |
Toluene, phosphorodithioic and phosphorothioic acid esters. |
|
K038 |
Phorate, formaldehyde, phosphorodithioic and phosphorothioic acid esters. |
|
K039 |
Phosphorodithioic and phosphorothioic acid esters. |
|
K040 |
Phorate, formaldehyde, phosphorodithioic and phosphorothioic acid esters. |
|
K041 |
Toxaphene. |
|
K042 |
Hexachlorobenzene, ortho-dichlorobenzene. |
|
K043 |
2,4-dichlorophenol, 2,6-dichlorophenol, 2,4,6-trichlorophenol. |
|
K044 |
N.A. |
|
K045 |
N.A. |
|
K046 |
Lead. |
|
K047 |
N.A. |
|
K048 |
Hexavalent chromium, lead. |
|
K049 |
Hexavalent chromium, lead. |
|
K050 |
Hexavalent chromium. |
|
K051 |
Hexavalent chromium, lead. |
|
K052 |
Lead. |
|
K060 |
Cyanide, napthalene, phenolic compounds, arsenic. |
|
K061 |
Hexavalent chromium, lead, cadmium. |
|
K062 |
Hexavalent chromium, lead. |
|
K069 |
Hexavalent chromium, lead, cadmium. |
|
K071 |
Mercury. |
|
K073 |
Chloroform, carbon tetrachloride, hexachloroethane, trichloroethane, tetrachloroethylene, dichloroethylene, 1,1,2,2-tetrachloroethane. |
|
K083 |
Aniline, diphenylamine, nitrobenzene, phenylenediamine. |
|
K084 |
Arsenic. |
|
K085 |
Benzene, dichlorobenzenes, trichlorobenzenes, tetrachlorobenzenes, pentachlorobenzene, hexachlorobenzene, benzyl chloride. |
|
K086 |
Lead, hexavalent chromium. |
|
K087 |
Phenol, naphthalene. |
|
K088 |
Cyanide (complexes). |
|
K093 |
Phthalic anhydride, maleic anhydride. |
|
K094 |
Phthalic anhydride. |
|
K095 |
1,1,2-trichloroethane, 1,1,1,2-tetrachloroethane, 1,1,2,2-tetrachloroethane. |
|
K096 |
1,2-dichloroethane, 1,1,1-trichloroethane, 1,1,2-trichloroethane. |
|
K097 |
Chlordane, heptachlor. |
|
K098 |
Toxaphene. |
|
K099 |
2,4-dichlorophenol, 2,4,6-trichlorophenol. |
|
K100 |
Hexavalent chromium, lead, cadmium. |
|
K101 |
Arsenic. |
|
K102 |
Arsenic. |
|
K103 |
Aniline, nitrobenzene, phenylenediamine. |
|
K104 |
Aniline, benzene, diphenylamine, nitrobenzene, phenylenediamine. |
|
K105 |
Benzene, monochlorobenzene, dichlorobenzenes, 2,4,6-trichlorophenol. |
|
K106 |
Mercury. |
|
K107 |
1,1-Dimethylhydrazine (UDMH). |
|
K108 |
1,1-Dimethylhydrazine (UDMH). |
|
K109 |
1,1-Dimethylhydrazine (UDMH). |
|
K110 |
1,1-Dimethylhydrazine (UDMH). |
|
K111 |
2,4-Dinitrotoluene. |
|
K112 |
2,4-Toluenediamine, o-toluidine, p-toluidine, aniline. |
|
K113 |
2,4-Toluenediamine, o-toluidine, p-toluidine, aniline. |
|
K114 |
2,4-Toluenediamine, o-toluidine, p-toluidine. |
|
K115 |
2,4-Toluenediamine. |
|
K116 |
Carbon tetrachloride, tetrachloroethylene, chloroform, phosgene. |
|
K117 |
Ethylene dibromide. |
|
K118 |
Ethylene dibromide. |
|
K123 |
Ethylene thiourea. |
|
K124 |
Ethylene thiourea. |
|
K125 |
Ethylene thiourea. |
|
K126 |
Ethylene thiourea. |
|
K131 |
Dimethyl sulfate, methyl bromide. |
|
K132 |
Methyl bromide. |
|
K136 |
Ethylene dibromide. |
|
K141 |
Benzene, benz(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene, benzo(k)fluoranthene, dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene. |
|
K142 |
Benzene, benz(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene, benzo(k)fluoranthene, dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene. |
|
K143 |
Benzene, benz(a)anthracene, benzo(b)fluoranthene, benzo(k)fluoranthene. |
|
K144 |
Benzene, benz(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene, benzo(k)fluoranthene, dibenz(a,h)anthracene. |
|
K145 |
Benzene, benz(a)anthracene, benzo(a)pyrene, dibenz(a,h)anthracene, naphthalene. |
|
K147 |
Benzene, benz(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene, benzo(k)fluoranthene, dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene. |
|
K148 |
Benz(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene, benzo(k)fluoranthene, dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene. |
|
K149 |
Benzotrichloride, benzyl chloride, chloroform, chloromethane, chlorobenzene, 1,4-dichlorobenzene, hexachlorobenzene, pentachlorobenzene, 1,2,4,5-tetrachlorobenzene, toluene. |
|
K150 |
Carbon tetrachloride, chloroform, chloromethane, 1,4-dichlorobenzene, hexachlorobenzene, pentachlorobenzene, 1,2,4,5-tetrachlorobenzene, 1,1,2,2-tetrachloroethane, tetrachloroethylene, 1,2,4-trichlorobenzene. |
|
K151 |
Benzene, carbon tetrachloride, chloroform, hexachlorobenzene, pentachlorobenzene, toluene, 1,2,4,5-tetrachlorobenzene, tetrachloroethylene. |
|
K156 |
Benomyl, carbaryl, carbendazim, carbofuran, carbosulfan, formaldehyde, methylene chloride, triethylamine. |
|
K157 |
Carbon tetrachloride, formaldehyde, methyl chloride, methylene chloride, pyridine, triethylamine. |
|
K158 |
Benomyl, carbendazim, carbofuran, carbosulfan, chloroform, methylene chloride. |
|
K159 |
Benzene, butylate, eptc, molinate, pebulate, vernolate. |
|
K161 |
Antimony, arsenic, metam-sodium, ziram. |
|
K169 |
Benzene. |
|
K170 |
Benzo(a)pyrene, dibenz(a,h)anthracene, benzo (a) anthracene, benzo (b)fluoranthene, benzo(k)fluoranthene, 3-methylcholanthrene, 7, 12-dimethylbenz(a)anthracene. |
|
K171 |
Benzene, arsenic. |
|
K172 |
Benzene, arsenic. |
|
K174 |
1,2,3,4,6,7,8-Heptachlorodibenzo-p-dioxin (1,2,3,4,6,7,8-HpCDD), 1,2,3,4,6,7,8-Heptachlorodibenzofuran (1,2,3,4,6,7,8-HpCDF), 1,2,3,4,7,8,9-Heptachlorodibenzofuran (1,2,3,6,7,8,9-HpCDF), HxCDDs (All Hexachlorodibenzo-p-dioxins), HxCDFs (All Hexachlorodibenzofurans), PeCDDs (All Pentachlorodibenzo-p-dioxins), OCDD (1,2,3,4,6,7,8,9-Octachlorodibenzo-p-dioxin, OCDF (1,2,3,4,6,7,8,9-Octachlorodibenzofuran), PeCDFs (All Pentachlorodibenzofurans), TCDDs (All tetrachlorodi-benzo-p-dioxins), TCDFs (All tetrachlorodibenzofurans). |
|
K175 |
Mercury |
|
K176 |
Arsenic, Lead. |
|
K177 |
Antimony. |
|
K178 |
Thallium. |
|
K181 |
Aniline, o-anisidine, 4-chloroaniline, p-cresidine, 2,4-dimethylaniline, 1,2-phenylenediamine, 1,3-phenylenediamine. |
FOOTNOTE: N.A. -- Waste is hazardous because it fails the test for the characteristic of ignitability, corrosivity, or reactivity.
§ 261 Appendix VIII - Hazardous Constituents
|
Common name |
Chemical abstracts name |
Chemical abstracts No. |
Hazardous waste No. |
|
A2213 |
Ethanimidothioic acid, 2-(dimethylamino) -N-hydroxy-2-oxo-, methyl ester |
30558-43-1 |
U394 |
|
Acetonitrile |
Same |
75-05-8 |
U003 |
|
Acetophenone |
Ethanone, 1-phenyl- |
98-86-2 |
U004 |
|
2-Acetylaminefluarone |
Acetamide, N-9H-fluoren-2-yl- |
53-96-3 |
U005 |
|
Acetyl chloride |
Same |
75-36-5 |
U006 |
|
1-Acetyl-2-thiourea |
Acetamide, N-(aminothioxomethyl)- |
591-08-2 |
P002 |
|
Acrolein |
2-Propenal |
107-02-8 |
P003 |
|
Acrylamide |
2-Propenamide |
79-06-1 |
U007 |
|
Acrylonitrile |
2-Propenenitrile |
107-13-1 |
U009 |
|
Aflatoxins |
Same |
1402-68-2 |
|
|
Aldicarb |
Propanal, 2-methyl-2-(methylthio)-, O-[(methylamino)carbonyl]oxime |
116-06-3 |
P070 |
|
Aldicarb sulfone |
Propanal, 2-methyl-2- (methylsulfonyl) -, O-[(methylamino) carbonyl] oxime |
1646-88-4 |
P203 |
|
Aldrin |
1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-10-hexachloro-1,4,4a,5,8,8a-hexahydro-, (1alpha,4alpha,4abeta,5alpha,8alpha, 8abeta)- |
309-00-2 |
P004 |
|
Allyl alcohol |
2-Propen-1-ol |
107-18-6 |
P005 |
|
Allyl chloride |
1-Propane, 3-chloro |
107-05-1 |
|
|
Aluminum phosphide |
Same |
20859-73-8 |
P006 |
|
4-Aminobiphenyl |
[1,1'-Biphenyl]-4-amine |
92-67-1 |
|
|
5-(Aminomethyl)-3-isoxazolol |
3(2H)-Isoxazolone, 5-(aminomethyl)- |
2763-96-4 |
P007 |
|
4-Aminopyridine |
4-Pyridinamine |
504-24-5 |
P008 |
|
Amitrole |
1H-1,2,4-Triazol-3-amine |
61-82-5 |
U011 |
|
Ammonium vanadate |
Vanadic acid, ammonium salt |
7803-55-6 |
P119 |
|
Aniline |
Benzenamine |
62-53-3 |
U012 |
|
o-Anisidine (2-methoxyaniline) |
Benzenamine, 2-Methoxy- |
90-04-0 |
|
|
Antimony |
Same |
7440-36-0 |
|
|
Antimony compounds, N.O.S.1 |
|||
|
Aramite |
Sulfurous acid, 2-chloroethyl 2-[4-(1,1-dimethylethyl)phenoxy]-1-methylethyl ester |
140-57-8 |
|
|
Arsenic |
Same |
7440-38-2 |
|
|
Arsenic compounds, N.O.S.1 |
|||
|
Arsenic acid |
Arsenic acid H3 AsO4 |
7778-39-4 |
P010 |
|
Arsenic pentoxide |
Arsenic oxide As2 O5 |
1303-28-2 |
P011 |
|
Arsenic trioxide |
Arsenic oxide As2 O3 |
1327-53-3 |
P012 |
|
Auramine |
Benzenamine, 4,4'-carbonimidoylbis[N,N-dimethyl |
492-80-8 |
U014 |
|
Azaserine |
L-Serine, diazoacetate (ester) |
115-02-6 |
U015 |
|
Barban |
Carbamic acid, (3-chlorophenyl) -, 4-chloro-2-butynyl ester |
101-27-9 |
U280 |
|
Barium |
Same |
7440-39-3 |
|
|
Barium compounds, N.O.S.1 |
|||
|
Barium cyanide |
Same |
542-62-1 |
P013 |
|
Bendiocarb |
l,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl carbamate |
22781-23-3 |
U278 |
|
Bendiocarb phenol |
l,3-Benzodioxol-4-ol, 2,2-dimethyl-, |
22961-82-6 |
U364 |
|
Benomyl |
Carbamic acid, [1- [(butylamino) carbonyl]- lH-benzimidazol-2-yl] -, methyl ester |
17804- 35-2 |
U271 |
|
Benz[c]acridine |
Same |
225-51-4 |
U016 |
|
B enz [a] anthracene |
Same |
56-55-3 |
U018 |
|
Benzal chloride |
Benzene, (dichloromethyl)- |
98-87-3 |
U017 |
|
Benzene |
Same |
71-43-2 |
U019 |
|
Benzenearsonic acid |
Arsonic acid, phenyl- |
98-05-5 |
|
|
Benzidine |
[1,1 '-Biphenyl]-4,4 '-diamine |
92-87-5 |
U021 |
|
Benzo[b]fluoranthene |
B enz [e] acephenanthryl ene |
205-99-2 |
|
|
B enzo [j] fluoranthene |
Same |
205-82-3 |
|
|
Benzo(k)fluoranthene |
Same |
207-08-9 |
|
|
Benzo[a]pyrene |
Same |
50-32-8 |
U022 |
|
p-Benzoquinone |
2,5-Cyclohexadiene-l,4-dione |
106-51-4 |
U197 |
|
Benzotrichloride |
Benzene, (trichloromethyl)- |
98-07-7 |
U023 |
|
Benzyl chloride |
Benzene, (chloromethyl)- |
100-44-7 |
P028 |
|
Beryllium powder |
Same |
7440-41-7 |
P015 |
|
Beryllium compounds, N.O.S1 |
|||
|
Bis(pentamethylene)-thiuram tetrasulfide |
Piperidine, 1,1'- (tetrathi odi carb onothi oyl)-bis- |
120-54-7 |
|
|
Bromoacetone |
2-Propanone, 1-bromo- |
598-31-2 |
P017 |
|
Bromoform |
Methane, tribromo- |
75-25-2 |
U225 |
|
4-Bromophenyl phenyl ether |
Benzene, 1-bromo-4-phenoxy- |
101-55-3 |
U030 |
|
Brucine |
Strychnidin-10-one, 2,3-dimethoxy- |
357-57-3 |
P018 |
|
Butyl benzyl phthalate |
1,2-Benzenedicarboxylic acid, butyl phenylmethyl ester |
85-68-7 |
|
|
Butylate |
Carbamothioic acid, bis(2-methylpropyl)-, S-ethyl ester |
2008-41-5 |
|
|
Cacodylic acid |
Arsinic acid, dimethyl- |
75-60-5 |
U136 |
|
Cadmium |
Same |
7440-43-9 |
|
|
Cadmium compounds, N.O.S.1 |
|||
|
Calcium chromate |
Chromic acid H2 CrO4, calcium salt |
13765-19-0 |
U032 |
|
Calcium cyanide |
Calcium cyanide Ca(CN)2 |
592-01-8 |
P021 |
|
Carbaryl |
1-Naphthalenol, methylcarbamate |
63-25-2 |
U279 |
|
Carbendazim |
Carbamic acid, 1H-benzimidazol-2-yl, methyl ester |
10605-21-7 |
U372 |
|
Carbofuran |
7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-, methylcarbamate |
1563-66-2 |
P127 |
|
Carbofuran phenol |
7-Benzofuranol, 2,3-dihydro-2,2-dimethyl- |
1563-38-8 |
U367 |
|
Carbon disulfide |
Same |
75-15-0 |
P022 |
|
Carbon oxyfluoride |
Carbonic difluoride |
353-50-4 |
U033 |
|
Carbon tetrachloride |
Methane, tetrachloro- |
56-23-5 |
U211 |
|
Carbosulfan |
Carbamic acid, [(dibutylamino) thio] methyl-, 2,3-dihydro-2,2-dimethyl-7-benzofuranyl ester |
55285-14-8 |
P189 |
|
Chloral |
Acetaldehyde, trichloro- |
75-87-6 |
U034 |
|
Chlorambucil |
Benzenebutanoic acid, 4-[bis(2-chloroethyl)amino]- |
305-03-3 |
U035 |
|
Chlordane |
4,7-Methano-1H-indene, 1,2,4,5,6,7,8,8-octachloro-2,3,3a,4,7,7a-hexahydro- |
57-74-9 |
U036 |
|
Chlordane (alpha and gamma isomers) |
U036 |
||
|
Chlorinated benzenes, N.O.S.1 |
|||
|
Chlorinated ethane, N.O.S.1 |
|||
|
Chlorinated fluorocarbons, N.O.S.1 |
|||
|
Chlorinated naphthalene, |
|||
|
N.O.S.1 |
|||
|
Chlorinated phenol, N.O.S.1 |
|||
|
Chlornaphazin |
Naphthalenamine, N,N'-bis(2-chloroethyl)- |
494-03-1 |
U026 |
|
Chloroacetaldehyde |
Acetaldehyde, chloro- |
107-20-0 |
P023 |
|
Chloroalkyl ethers, N.O.S.1 |
|||
|
p-Chloroaniline |
Benzenamine, 4-chloro- |
106-47-8 |
P024 |
|
Chlorobenzene |
Benzene, chloro- |
108-90-7 |
U037 |
|
Chlorobenzilate |
Benzeneacetic acid, 4-chloro-alpha-(4-chlorophenyl)-alpha-hydroxy-, ethyl ester |
510-15-6 |
U038 |
|
p-Chloro-m-cresol |
Phenol, 4-chloro-3-methyl- |
59-50-7 |
U039 |
|
2-Chloroethyl vinyl ether |
Ethene, (2-chloroethoxy)- |
110-75-8 |
U042 |
|
Chloroform |
Methane, trichloro- |
67-66-3 |
U044 |
|
Chloromethyl methyl ether |
Methane, chloromethoxy- |
107-30-2 |
U046 |
|
beta-Chloronaphthalene |
Naphthalene, 2-chloro- |
91-58-7 |
U047 |
|
o-Chlorophenol |
Phenol, 2-chloro- |
95-57-8 |
U048 |
|
1-(o-Chlorophenyl)thiourea |
Thiourea, (2-chlorophenyl)- |
5344-82-1 |
P026 |
|
Chloroprene |
1,3-Butadiene, 2-chloro- |
126-99-8 |
|
|
3-Chloropropionitrile |
Propanenitrile, 3-chloro- |
542-76-7 |
P027 |
|
Chromium |
Same |
7440-47-3 |
|
|
Chromium compounds, N.O.S.1 |
|||
|
Chrysene |
Same |
218-01-9 |
U050 |
|
Citrus red No. 2 |
2-Naphthalenol, 1-[(2,5-dimethoxyphenyl)azo]- |
6358-53-8 |
|
|
Coal tar creosote |
Same |
8007-45-2 |
|
|
Copper cyanide |
Copper cyanide CuCN |
544-92-3 |
P029 |
|
Copper dimethyldithiocarbamate |
Copper, bis(dimethylcarbamodithioato-S,S')-, |
137-29-1 |
|
|
Creosote |
Same |
U051 |
|
|
p-Cresidine |
2-Methoxy-5-methylbenzenamine |
120-71-8 |
|
|
Cresol (Cresylic acid) |
Phenol, methyl- |
1319-77-3 |
U052 |
|
Crotonaldehyde |
2-Butenal |
4170-30-3 |
U053 |
|
m-Cumenyl methylcarbamate |
Phenol, 3-(methylethyl)-, methyl carbamate |
64-00-6 |
P202 |
|
Cyanides (soluble salts and complexes) N.O.S.1 |
P030 |
||
|
Cyanogen |
Ethanedinitrile |
460-19-5 |
P031 |
|
Cyanogen bromide |
Cyanogen bromide (CN)Br |
506-68-3 |
U246 |
|
Cyanogen chloride |
Cyanogen chloride (CN)Cl |
506-77-4 |
P033 |
|
Cycasin |
beta-D-Glucopyranoside, (methyl-ONN-azoxy)methyl |
14901-08-7 |
|
|
Cycloate |
Carbamothioic acid, cyclohexylethyl-, S-ethyl ester |
1134-23-2 |
|
|
2-Cyclohexyl-4,6-dinitrophenol |
Phenol, 2-cyclohexyl-4,6-dinitro- |
131-89-5 |
P034 |
|
Cyclophosphamide |
2H-1,3,2-Oxazaphosphorin-2-amine, N,N-bis(2-chloroethyl)tetrahydro-, 2-oxide |
50-18-0 |
U058 |
|
2,4-D |
Acetic acid, (2,4-dichlorophenoxy)- |
94-75-7 |
U240 |
|
2,4-D, salts, esters |
U240 |
||
|
Daunomycin |
5,12-Naphthacenedione, 8-acetyl-10-[(3-amino-2,3,6-trideoxy-alpha-L-lyxo-hexopyranosyl)oxy]-7,8,9,10-tetrahydro-6,8,11-trihydroxy-1-methoxy-, (8S-cis)- |
20830-81-3 |
U059 |
|
Dazomet |
2H-1,3,5-thiadiazine-2-thione, tetrahydro-3,5-dimethyl |
533-74-4 |
|
|
DDD |
Benzene, 1,1'-(2,2-dichloroethylidene)bis[4-chloro- |
72-54-8 |
U060 |
|
DDE |
Benzene, 1,1'-(dichloroethenylidene)bis[4-chloro- |
72-55-9 |
|
|
DDT |
Benzene, 1,1'-(2,2,2-trichloroethylidene)bis[4-chloro- |
50-29-3 |
U061 |
|
Diallate |
Carbamothioic acid, bis(1-methylethyl)-, S-(2,3-dichloro-2-propenyl) ester |
2303-16-4 |
U062 |
|
Dibenz[a,h]acridine |
Same |
226-36-8 |
|
|
Dibenz[a,j]acridine |
Same |
224-42-0 |
|
|
Dibenz[a,h]anthracene |
Same |
53-70-3 |
U063 |
|
7H-Dibenzo[c,g]carbazole |
Same |
194-59-2 |
|
|
Dibenzo[a,e]pyrene |
Naphtho[1,2,3,4-def]chrysene |
192-65-4 |
|
|
Dibenzo[a,h]pyrene |
Dibenzo[b,def]chrysene |
189-64-0 |
|
|
Dibenzo[a,i]pyrene |
Benzo[rst]pentaphene |
189-55-9 |
U064 |
|
1,2-Dibromo-3-chloropropane |
Propane, 1,2-dibromo-3-chloro- |
96-12-8 |
U066 |
|
Dibutyl phthalate |
1,2-Benzenedicarboxylic acid, dibutyl ester |
84-74-2 |
U069 |
|
o-Dichlorobenzene |
Benzene, 1,2-dichloro- |
95-50-1 |
U070 |
|
m-Dichlorobenzene |
Benzene, 1,3-dichloro- |
541-73-1 |
U071 |
|
p-Dichlorobenzene |
Benzene, 1,4-dichloro- |
106-46-7 |
U072 |
|
Dichlorobenzene, N.O.S.1 |
Benzene, dichloro- |
25321-22-6 |
|
|
3,3'-Dichlorobenzidine |
[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dichloro- |
91-94-1 |
U073 |
|
1,4-Dichloro-2-butene |
2-Butene, 1,4-dichloro- |
764-41-0 |
U074 |
|
Dichlorodifluoromethane |
Methane, dichlorodifluoro- |
75-71-8 |
U075 |
|
Dichloroethylene, N.O.S.1 |
Dichloroethylene |
25323-30-2 |
|
|
1,1-Dichloroethylene |
Ethene, 1,1-dichloro- |
75-35-4 |
U078 |
|
1,2-Dichloroethylene |
Ethene, 1,2-dichloro-, (E)- |
156-60-5 |
U079 |
|
Dichloroethyl ether |
Ethane, 1,1'oxybis[2-chloro- |
111-44-4 |
U025 |
|
Dichloroisopropyl ether |
Propane, 2,2'-oxybis[2-chloro- |
108-60-1 |
U027 |
|
Dichloromethoxy ethane |
Ethane, 1,1 '-[methylenebis(oxy)]bis[2-chloro- |
111-91-1 |
U024 |
|
Dichloromethyl ether |
Methane, oxybis[chloro- |
542-88-1 |
P016 |
|
2,4-Dichlorophenol |
Phenol, 2,4-dichloro- |
120-83-2 |
U081 |
|
2,6-Dichlorophenol |
Phenol, 2,6-dichloro- |
87-65-0 |
U082 |
|
Dichlorophenylarsine |
Arsonous dichloride, phenyl- |
696-28-6 |
P036 |
|
Dichloropropane, N.O.S.1 |
Propane, dichloro- |
26638- |
|
|
19-7 |
|||
|
Dichloropropanol, N.O.S.1 |
Propanol, dichloro- |
26545-73-3 |
|
|
Dichloropropene, N.O.S.1 |
1-Propene, dichloro- |
26952-23-8 |
|
|
1,3-Dichloropropene |
1-Propene, 1,3-dichloro- |
542-75-6 |
U084 |
|
Dieldrin |
2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-, (1aalpha,2beta,2aalpha,3beta,6beta, 6aalpha,7beta,7aalpha)- |
60-57-1 |
P037 |
|
1,2:3,4-Diepoxybutane |
2,2'-Bioxirane |
1464-53-5 |
U085 |
|
Diethylarsine |
Arsine, diethyl- |
692-42-2 |
P038 |
|
Diethylene glycol, dicarbamate |
Ethanol, 2,2'-oxybis-, dicarbamate |
5952-26-1 |
U395 |
|
1,4-Diethyleneoxide |
1,4-Dioxane |
123-91-1 |
U108 |
|
Diethylhexyl phthalate |
1,2-Benzenedicarboxylic acid, bis(2-ethylhexyl) ester |
117-81-7 |
U028 |
|
N,N'-Diethylhydrazine |
Hydrazine, 1,2-diethyl- |
1615-80-1 |
U086 |
|
O,O-Diethyl S-methyl dithiophosphate |
Phosphorodithioic acid, O,O-diethyl S-methyl ester |
3288-58-2 |
U087 |
|
Diethyl-p-nitrophenyl phosphate |
Phosphoric acid, diethyl 4-nitrophenyl ester |
311-45-5 |
P041 |
|
Diethyl phthalate |
1,2-Benzenedicarboxylic acid, diethyl ester |
84-66-2 |
U088 |
|
O,O-Diethyl O-pyrazinylphosphoro-thioate |
Phosphorothioic acid, O,O-diethyl O-pyrazinyl ester |
297-97-2 |
P040 |
|
Diethylstilbesterol |
Phenol, 4,4'-(1,2-diethyl-1,2-ethenediyl)bis-, (E)- |
56-53-1 |
U089 |
|
Dihydrosafrole |
1,3-Benzodioxole, 5-propyl- |
94-58-6 |
U090 |
|
Diisopropylfluorophosphate (DFP) |
Phosphorofluoridic acid, bis(1-methylethyl) ester |
55-91-4 |
P043 |
|
Dimethoate |
Phosphorodithioic acid, O,O-dimethyl S-[2-(methylamino)-2-oxoethyl] ester |
60-51-5 |
P044 |
|
3,3'-Dimethoxybenzidine |
[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethoxy- |
119-90-4 |
U091 |
|
p-Dimethylaminoazobenzene |
Benzenamine, N,N-dimethyl-4-(phenylazo)- |
60-11-7 |
U093 |
|
2,4-Dimethylaniline (2,4-xylidine) |
Benzenamine, 2,4-dimethyl- |
95-68-1 |
|
|
7,12-Dimethylbenz[a]anthracene |
Benz[a]anthracene, 7,12-dimethyl- |
57-97-6 |
U094 |
|
3,3'-Dimethylbenzidine |
[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethyl- |
119-93-7 |
U095 |
|
Dimethylcarbamoyl chloride |
Carbamic chloride, dimethyl- |
79-44-7 |
U097 |
|
1,1-Dimethylhydrazine |
Hydrazine, 1,1-dimethyl- |
57-14-7 |
U098 |
|
1,2-Dimethylhydrazine |
Hydrazine, 1,2-dimethyl- |
540-73-8 |
U099 |
|
alpha,alpha-Dimethylphenethylamine |
Benzeneethanamine, alpha,alpha-dimethyl- |
122-09-8 |
P046 |
|
2,4-Dimethylphenol |
Phenol, 2,4-dimethyl- |
105-67-9 |
U101 |
|
Dimethyl phthalate |
1,2-Benzenedicarboxylic acid, dimethyl ester |
131-11-3 |
U102 |
|
Dimethyl sulfate |
Sulfuric acid, dimethyl ester |
77-78-1 |
U103 |
|
Dimetilan |
Carbamic acid, dimethyl-, 1-[(dimethylamino) carbonyl]-5-methyl-1H-pyrazol-3-yl ester |
644-64-4 |
P191 |
|
Dinitrobenzene, N.O.S.1 |
Benzene, dinitro- |
25154-54-5 |
|
|
4,6-Dinitro-o-cresol |
Phenol, 2-methyl-4,6-dinitro- |
534-52-1 |
P047 |
|
4,6-Dinitro-o-cresol salts |
P047 |
||
|
2,4-Dinitrophenol |
Phenol, 2,4-dinitro- |
51-28-5 |
P048 |
|
2,4-Dinitrotoluene |
Benzene, 1-methyl-2,4-dinitro- |
121-14-2 |
U105 |
|
2,6-Dinitrotoluene |
Benzene, 2-methyl-1,3-dinitro- |
606-20-2 |
U106 |
|
Dinoseb |
Phenol, 2-(1-methylpropyl)-4,6-dinitro- |
88-85-7 |
P020 |
|
Di-n-octyl phthalate |
1,2-Benzenedicarboxylic acid, dioctyl ester |
117-84-0 |
U017 |
|
Diphenylamine |
Benzenamine, N-phenyl- |
122-39-4 |
|
|
1,2-Diphenylhydrazine |
Hydrazine, 1,2-diphenyl- |
122-66-7 |
U109 |
|
Di-n-propylnitrosamine |
1-Propanamine, N-nitroso-N-propyl- |
621-64-7 |
U111 |
|
Disulfiram |
Thioperoxydicarbonic diamide, tetraethyl |
97-77-8 |
|
|
Disulfoton |
Phosphorodithioic acid, O,O-diethyl S-[2-(ethylthio)ethyl] ester |
298-04-4 |
P039 |
|
Dithiobiuret |
Thioimidodicarbonic diamide [(H2 N)C(S)]2 NH |
541-53-7 |
P049 |
|
Endosulfan |
6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-, 3-oxide |
115-29-7 |
P050 |
|
Endothall |
7-Oxabicyclo[2.2.1]heptane-2,3-dicarboxylic acid |
145-73-3 |
P088 |
|
Endrin |
2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octa-hydro-, (1aalpha,2beta,2abeta,3alpha,6alpha, 6abeta,7beta,7aalpha)- |
72-20-8 |
P051 |
|
Endrin metabolites |
P051 |
||
|
Epichlorohydrin |
Oxirane, (chloromethyl)- |
106-89-8 |
U041 |
|
Epinephrine |
1,2-Benzenediol, 4-[1-hydroxy-2-(methylamino)ethyl]-, (R)- |
51-43-4 |
P042 |
|
EPTC |
Carbamothioic acid, dipropyl-, S-ethyl ester |
759-94-4 |
|
|
Ethyl carbamate (urethane) |
Carbamic acid, ethyl ester |
51-79-6 |
U238 |
|
Ethyl cyanide |
Propanenitrile |
107-12-0 |
P101 |
|
Ethyl Ziram |
Zinc, bis(diethylcarbamodithioato-S,S')- |
14324-55-1 |
|
|
Ethylenebisdithiocarbamic acid |
Carbamodithioic acid, 1,2-ethanediylbis- |
111-54-6 |
U114 |
|
Ethylenebisdithiocarbamic acid, salts and esters |
U114 |
||
|
Ethylene dibromide |
Ethane, 1,2-dibromo- |
106-93-4 |
U067 |
|
Ethylene dichloride |
Ethane, 1,2-dichloro- |
107-06-2 |
U077 |
|
Ethylene glycol monoethyl ether |
Ethanol, 2-ethoxy- |
110-80-5 |
U359 |
|
Ethyleneimine |
Aziridine |
151-56-4 |
P054 |
|
Ethylene oxide |
Oxirane |
75-21-8 |
U115 |
|
Ethylenethiourea |
2-Imidazolidinethione |
96-45-7 |
U116 |
|
Ethylidene dichloride |
Ethane, 1,1-dichloro- |
75-34-3 |
U076 |
|
Ethyl methacrylate |
2-Propenoic acid, 2-methyl-, ethyl ester |
97-63-2 |
U118 |
|
Ethyl methanesulfonate |
Methanesulfonic acid, ethyl ester |
62-50-0 |
U119 |
|
Famphur |
Phosphorothioic acid, O-[4-[(dimethylamino)sulfonyl]phenyl] O,O-dimethyl ester |
52-85-7 |
P097 |
|
Ferbam |
Iron, tris(dimethylcarbamodithioato-S,S')- |
14484-64-1 |
|
|
Fluoranthene |
Same |
206-44-0 |
U120 |
|
Fluorine |
Same |
7782-41-4 |
P056 |
|
Fluoroacetamide |
Acetamide, 2-fluoro- |
640-19-7 |
P057 |
|
Fluoroacetic acid, sodium salt |
Acetic acid, fluoro-, sodium salt |
62-74-8 |
P058 |
|
Formaldehyde |
Same |
50-00-0 |
U122 |
|
Formetanate hydrochloride |
Methanimidamide, N,N-dimethyl-N'-[3-[[(methylamino) carbonyl]oxy]phenyl]-, monohydrochloride |
23422-53-9 |
P198 |
|
Formic acid |
Same |
64-18-6 |
U123 |
|
Formparanate |
Methanimidamide, N,N-dimethyl-N'-[2- methyl-4-[[(methylamino) carbonyl]oxy]phenyl]- |
17702-57-7 |
P197 |
|
Glycidylaldehyde |
Oxiranecarboxyaldehyde |
765-34-4 |
U126 |
|
Halomethanes, N.O.S.1 |
|||
|
Heptachlor |
4,7-Methano-1H-indene, 1,4,5,6,7,8,8-heptachloro-3a,4,7,7a-tetrahydro- |
76-44-8 |
P059 |
|
Heptachlor epoxide |
2,5-Methano-2H-indeno[1,2-b]oxirene, 2,3,4,5,6,7,7-heptachloro-1a,1b,5,5a,6,6a-hexa- hydro-, (1aalpha,1bbeta,2alpha,5alpha, 5abeta,6beta,6aalpha)- |
1024-57-3 |
|
|
Heptachlor epoxide (alpha, beta, and gamma isomers) |
|||
|
Heptachlorodibenzofurans |
|||
|
Heptachlorodibenzo-p-dioxins |
|||
|
Hexachlorobenzene |
Benzene, hexachloro- |
118-74-1 |
U127 |
|
Hexachlorobutadiene |
1,3-Butadiene, 1,1,2,3,4,4-hexachloro- |
87-68-3 |
U128 |
|
Hexachlorocyclopentadiene |
1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro- |
77-47-4 |
U130 |
|
Hexachlorodibenzo-p-dioxins |
|||
|
Hexachlorodibenzofurans |
|||
|
Hexachloroethane |
Ethane, hexachloro- |
67-72-1 |
U131 |
|
Hexachlorophene |
Phenol, 2,2'-methylenebis[3,4,6-trichloro- |
70-30-4 |
U132 |
|
Hexachloropropene |
1-Propene, 1,1,2,3,3,3-hexachloro- |
1888-71-7 |
U243 |
|
Hexaethyl tetraphosphate |
Tetraphosphoric acid, hexaethyl ester |
757-58-4 |
P062 |
|
Hydrazine |
Same |
302-01-2 |
U133 |
|
Hydrogen cyanide |
Hydrocyanic acid |
74-90-8 |
P063 |
|
Hydrogen fluoride |
Hydrofluoric acid |
7664-39-3 |
U134 |
|
Hydrogen sulfide |
Hydrogen sulfide H2 S |
7783-06-4 |
U135 |
|
Indeno[1,2,3-cd]pyrene |
Same |
193-39-5 |
U137 |
|
3-Iodo-2-propynyl n-butylcarbamate |
Carbamic acid, butyl-, 3-iodo-2-propynyl ester |
55406-53-6 |
|
|
Isobutyl alcohol |
1-Propanol, 2-methyl- |
78-83-1 |
U140 |
|
Isodrin |
1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexachloro-1,4,4a,5,8,8a-hexahydro-, (1alpha,4alpha,4abeta,5beta, 8beta,8abeta)- |
465-73-6 |
P060 |
|
Isolan |
Carbamic acid, dimethyl-, 3-methyl-1-(1-methylethyl)-1H-pyrazol-5-yl ester |
119-38-0 |
P192 |
|
Isosafrole |
1,3-Benzodioxole, 5-(1-propenyl)- |
120-58-1 |
U141 |
|
Kepone |
1,3,4-Metheno-2H-cyclobuta[cd]pentalen-2-one, 1,1a,3,3a,4,5,5,5a,5b,6-decachlorooctahydro- |
143-50-0 |
U142 |
|
Lasiocarpine |
2-Butenoic acid, 2-methyl-,7-[[2,3-dihydroxy-2-(1-methoxyethyl)-3-methyl-1-oxobutoxy]methyl]-2,3,5,7a-tetrahydro-1H-pyrrolizin-1-yl ester, [1S-[1alpha(Z),7(2S*,3R*),7aalpha]]- |
303-34-4 |
U143 |
|
Lead |
Same |
7439-92-1 |
|
|
Lead compounds, N.O.S.1 |
|||
|
Lead acetate |
Acetic acid, lead(2 +) salt |
301-04-2 |
U144 |
|
Lead phosphate |
Phosphoric acid, lead(2 +) salt (2:3) |
7446-27-7 |
U145 |
|
Lead subacetate |
Lead, bis(acetato-O)tetrahydroxytri- |
1335-32-6 |
U146 |
|
Lindane |
Cyclohexane, 1,2,3,4,5,6-hexachloro-, (1alpha,2alpha,3beta,4alpha, 5alpha,6beta)- |
58-89-9 |
U129 |
|
Maleic anhydride |
2,5-Furandione |
108-31-6 |
U147 |
|
Maleic hydrazide |
3,6-Pyridazinedione, 1,2-dihydro- |
123-33-1 |
U148 |
|
Malononitrile |
Propanedinitrile |
109-77-3 |
U149 |
|
Manganese dimethyldithiocarbamate |
Manganese, bis(dimethylcarbamodithioato-S,S')-, |
15339-36-3 |
P196 |
|
Melphalan |
L-Phenylalanine, 4-[bis(2-chloroethyl)aminol]- |
148-82-3 |
U150 |
|
Mercury |
Same |
7439-97-6 |
U151 |
|
Mercury compounds, N.O.S.1 |
|||
|
Mercury fulminate |
Fulminic acid, mercury(2 +) salt |
628-86-4 |
P065 |
|
Metam Sodium |
Carbamodithioic acid, methyl-, monosodium salt |
137-42-8 |
|
|
Methacrylonitrile |
2-Propenenitrile, 2-methyl- |
126-98-7 |
U152 |
|
Methapyrilene |
1,2-Ethanediamine, N,N-dimethyl-N'-2-pyridinyl-N'-(2-thienylmethyl)- |
91-80-5 |
U155 |
|
Methiocarb |
Phenol, (3,5-dimethyl-4-(methylthio)-, methylcarbamate |
2032-65-7 |
P199 |
|
Methomyl |
Ethanimidothioic acid, N-[[(methylamino)carbonyl]oxy]-, methyl ester |
16752-77-5 |
P066 |
|
Methoxychlor |
Benzene, 1,1'-(2,2,2-trichloroethylidene)bis[4-methoxy- |
72-43-5 |
U247 |
|
Methyl bromide |
Methane, bromo- |
74-83-9 |
U029 |
|
Methyl chloride |
Methane, chloro- |
74-87-3 |
U045 |
|
Methyl chlorocarbonate |
Carbonochloridic acid, methyl ester |
79-22-1 |
U156 |
|
Methyl chloroform |
Ethane, 1,1,1-trichloro- |
71-55-6 |
U226 |
|
3-Methylcholanthrene |
Benz[j]aceanthrylene, 1,2-dihydro-3-methyl- |
56-49-5 |
U157 |
|
4,4'-Methylenebis(2-chloroaniline) |
Benzenamine, 4,4'-methylenebis[2-chloro- |
101-14-4 |
U158 |
|
Methylene bromide |
Methane, dibromo- |
74-95-3 |
U068 |
|
Methylene chloride |
Methane, dichloro- |
75-09-2 |
U080 |
|
Methyl ethyl ketone (MEK) |
2-Butanone |
78-93-3 |
U159 |
|
Methyl ethyl ketone peroxide |
2-Butanone, peroxide |
1338-23-4 |
U160 |
|
Methyl hydrazine |
Hydrazine, methyl- |
60-34-4 |
P068 |
|
Methyl iodide |
Methane, iodo- |
74-88-4 |
U138 |
|
Methyl isocyanate |
Methane, isocyanato- |
624-83-9 |
P064 |
|
2-Methyllactonitrile |
Propanenitrile, 2-hydroxy-2-methyl- |
75-86-5 |
P069 |
|
Methyl methacrylate |
2-Propenoic acid, 2-methyl-, methyl ester |
80-62-6 |
U162 |
|
Methyl methanesulfonate |
Methanesulfonic acid, methyl ester |
66-27-3 |
|
|
Methyl parathion |
Phosphorothioic acid, O,O-dimethyl O-(4-nitrophenyl) ester |
298-00-0 |
P071 |
|
Methylthiouracil |
4(1H)-Pyrimidinone, 2,3-dihydro-6-methyl-2-thioxo- |
56-04-2 |
U164 |
|
Metolcarb |
Carbamic acid, methyl-, 3-methylphenyl ester |
1129-41-5 |
P190 |
|
Mexacarbate |
Phenol, 4-(dimethylamino)-3,5-dimethyl-, methylcarbamate (ester) |
315-18-4 |
P128 |
|
Mitomycin C |
Azirino[2',3':3,4]pyrrolo[1,2-a]indole-4,7-dione, 6-amino-8-[[(aminocarbonyl)oxy]methyl]-1,1a,2,8,8a,8b-hexahydro-8a-methoxy-5-methyl-, [1aS-(1aalpha,8beta,8aalpha,8balpha)]-. |
50-07-7 |
U010 |
|
MNNG |
Guanidine, N-methyl-N'-nitro-N-nitroso- |
70-25-7 |
U163 |
|
Molinate |
1H-Azepine-1-carbothioic acid, hexahydro-, S-ethyl ester |
2212-67-1 |
|
|
Mustard gas |
Ethane, 1,1'-thiobis[2-chloro- |
505-60-2 |
|
|
Naphthalene |
Same |
91-20-3 |
U165 |
|
1,4-Naphthoquinone |
1,4-Naphthalenedione |
130-15-4 |
U166 |
|
alpha-Naphthylamine |
1-Naphthalenamine |
134-32-7 |
U167 |
|
beta-Naphthylamine |
2-Naphthalenamine |
91-59-8 |
U168 |
|
alpha-Naphthylthiourea |
Thiourea, 1-naphthalenyl- |
86-88-4 |
P072 |
|
Nickel |
Same |
7440-02-0 |
|
|
Nickel compounds, N.O.S.1 |
|||
|
Nickel carbonyl |
Nickel carbonyl Ni(CO)4, (T-4)- |
13463-39-3 |
P073 |
|
Nickel cyanide |
Nickel cyanide Ni(CN)2 |
557-19-7 |
P074 |
|
Nicotine |
Pyridine, 3-(1-methyl-2-pyrrolidinyl)-, (S)- |
54-11-5 |
P075 |
|
Nicotine salts |
P075 |
||
|
Nitric oxide |
Nitrogen oxide NO |
10102-43-9 |
P076 |
|
p-Nitroaniline |
Benzenamine, 4-nitro- |
100-01-6 |
P077 |
|
Nitrobenzene |
Benzene, nitro- |
98-95-3 |
U169 |
|
Nitrogen dioxide |
Nitrogen oxide NO2 |
10102-44-0 |
P078 |
|
Nitrogen mustard |
Ethanamine, 2-chloro-N-(2-chloroethyl)-N-methyl- |
51-75-2 |
|
|
Nitrogen mustard, hydrochloride salt |
|||
|
Nitrogen mustard N-oxide |
Ethanamine, 2-chloro-N-(2-chloroethyl)-N-methyl-, N-oxide |
126-85-2 |
|
|
Nitrogen mustard, N-oxide, hydro- chloride salt |
|||
|
Nitroglycerin |
1,2,3-Propanetriol, trinitrate |
55-63-0 |
P081 |
|
p-Nitrophenol |
Phenol, 4-nitro- |
100-02-7 |
U170 |
|
2-Nitropropane |
Propane, 2-nitro- |
79-46-9 |
U171 |
|
Nitrosamines, N.O.S.1 |
35576-91-1 |
||
|
N-Nitrosodi-n-butylamine |
1-Butanamine, N-butyl-N-nitroso- |
924-16-3 |
U172 |
|
N-Nitrosodiethanolamine |
Ethanol, 2,2'-(nitrosoimino)bis- |
1116-54-7 |
U173 |
|
N-Nitrosodiethylamine |
Ethanamine, N-ethyl-N-nitroso- |
55-18-5 |
U174 |
|
N-Nitrosodimethylamine |
Methanamine, N-methyl-N-nitroso- |
62-75-9 |
P082 |
|
N-Nitroso-N-ethylurea |
Urea, N-ethyl-N-nitroso- |
759-73-9 |
U176 |
|
N-Nitrosomethylethylamine |
Ethanamine, N-methyl-N-nitroso- |
10595-95-6 |
|
|
N-Nitroso-N-methylurea |
Urea, N-methyl-N-nitroso- |
684-93-5 |
U177 |
|
N-Nitroso-N-methylurethane |
Carbamic acid, methylnitroso-, ethyl ester |
615-53-2 |
U178 |
|
N-Nitrosomethylvinylamine |
Vinylamine, N-methyl-N-nitroso- |
4549-40-0 |
P084 |
|
N-Nitrosomorpholine |
Morpholine, 4-nitroso- |
59-89-2 |
|
|
N-Nitrosonornicotine |
Pyridine, 3-(1-nitroso-2-pyrrolidinyl)-, (S)- |
16543-55-8 |
|
|
N-Nitrosopiperidine |
Piperidine, 1-nitroso- |
100-75-4 |
U179 |
|
N-Nitrosopyrrolidine |
Pyrrolidine, 1-nitroso- |
930-55-2 |
U180 |
|
N-Nitrososarcosine |
Glycine, N-methyl-N-nitroso- |
13256-22-9 |
|
|
5-Nitro-o-toluidine |
Benzenamine, 2-methyl-5-nitro- |
99-55-8 |
U181 |
|
Octachlorodibenzo-p-dioxin (OCDD) |
1,2,3,4,6,7,8,9-Octachlorodibenzo-p-dioxin |
3268-87-9 |
|
|
Octachlorodibenzofuran (OCDF) |
1,2,3,4,6,7,8,9-Octachlorodibenofuran |
39001-02-0 |
|
|
Octamethylpyrophosphoramide |
Diphosphoramide, octamethyl- |
152-16-9 |
P085 |
|
Osmium tetroxide |
Osmium oxide OsO4, (T-4)- |
20816-12-0 |
P087 |
|
Oxamyl |
Ethanimidothioc acid, 2-(dimethylamino)-N-[[(methylamino)carbonyl]oxy]-2-oxo-, methyl ester |
23135-22-0 |
P194 |
|
Paraldehyde |
1,3,5-Trioxane, 2,4,6-trimethyl- |
123-63-7 |
U182 |
|
Parathion |
Phosphorothioic acid, O,O-diethyl O-(4-nitrophenyl) ester |
56-38-2 |
P089 |
|
Pebulate |
Carbamothioic acid, butylethyl-, S-propyl ester |
1114-71-2 |
|
|
Pentachlorobenzene |
Benzene, pentachloro- |
608-93-5 |
U183 |
|
Pentachlorodibenzo-p-dioxins |
|||
|
Pentachlorodibenzofurans |
|||
|
Pentachloroethane |
Ethane, pentachloro- |
76-01-7 |
U184 |
|
Pentachloronitrobenzene (PCNB) |
Benzene, pentachloronitro- |
82-68-8 |
U185 |
|
Pentachlorophenol |
Phenol, pentachloro- |
87-86-5 |
See F027 |
|
Phenacetin |
Acetamide, N-(4-ethoxyphenyl)- |
62-44-2 |
U187 |
|
Phenol |
Same |
108-95-2 |
U188 |
|
1,2-Phenylenediamine |
1,2-Benzenediamine |
95-54-5 |
|
|
1,3-Phenylenediamine |
1,3-Benzenediamine |
108-45-2 |
|
|
Phenylenediamine |
Benzenediamine |
25265-76-3 |
|
|
Phenylmercury acetate |
Mercury, (acetato-O)phenyl- |
62-38-4 |
P092 |
|
Phenylthiourea |
Thiourea, phenyl- |
103-85-5 |
P093 |
|
Phosgene |
Carbonic dichloride |
75-44-5 |
P095 |
|
Phosphine |
Same |
7803-51-2 |
P096 |
|
Phorate |
Phosphorodithioic acid, O,O-diethyl S-[(ethylthio)methyl] ester |
298-02-2 |
P094 |
|
Phthalic acid esters, N.O.S.1 |
|||
|
Phthalic anhydride |
1,3-Isobenzofurandione |
85-44-9 |
U190 |
|
Physostigmine |
Pyrrolo[2,3-b]indol-5-01, 1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethyl-, methylcarbamate (ester), (3aS-cis)- |
57-47-6 |
P204 |
|
Physostigmine salicylate |
Benzoic acid, 2-hydroxy-, compd. with (3aS-cis)-1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethylpyrrolo [2,3-b]indol-5-yl methylcarbamate ester (1:1) |
57-64-7 |
P188 |
|
2-Picoline |
Pyridine, 2-methyl- |
109-06-8 |
U191 |
|
Polychlorinated biphenyls, N.O.S.1 |
|||
|
Potassium cyanide |
Potassium cyanide K(CN) |
151-50-8 |
P098 |
|
Potassium dimethyldithiocarbamate |
Carbamodithioic acid, dimethyl, potassium salt |
128-03-0 |
|
|
Potassium n-hydroxymethyl-n-methyl-dithiocarbamate |
Carbamodithioic acid, (hydroxymethyl)methyl-, monopotassium salt |
51026-28-9 |
|
|
Potassium n-methyldithiocarbamate |
Carbamodithioic acid, methyl-monopotassium salt |
137-41-7 |
|
|
Potassium pentachlorophenate |
Pentachlorophenol, potassium salt |
7778736 |
None |
|
Potassium silver cyanide |
Argentate(1-), bis(cyano-C)-, potassium |
506-61-6 |
P099 |
|
Promecarb |
Phenol, 3-methyl-5-(1-methylethyl)-, methyl carbamate |
2631-37-0 |
P201 |
|
Pronamide |
Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)- |
23950-58-5 |
U192 |
|
1,3-Propane sultone |
1,2-Oxathiolane, 2,2-dioxide |
1120-71-4 |
U193 |
|
n-Propylamine |
1-Propanamine |
107-10-8 |
U194 |
|
Propargyl alcohol |
2-Propyn-1-ol |
107-19-7 |
P102 |
|
Propham |
Carbamic acid, phenyl-, 1-methylethyl ester |
122-42-9 |
U373 |
|
Propoxur |
Phenol, 2-(1-methylethoxy)-, methylcarbamate |
114-26-1 |
U411 |
|
Propylene dichloride |
Propane, 1,2-dichloro- |
78-87-5 |
U083 |
|
1,2-Propylenimine |
Aziridine, 2-methyl- |
75-55-8 |
P067 |
|
Propylthiouracil |
4(1H)-Pyrimidinone, 2,3-dihydro-6-propyl-2-thioxo- |
51-52-5 |
|
|
Prosulfocarb |
Carbamothioic acid, dipropyl-, S-(phenylmethyl) ester |
52888-80-9 |
U387 |
|
Pyridine |
Same |
110-86-1 |
U196 |
|
Reserpine |
Yohimban-16-carboxylic acid, 11,17-dimethoxy-18-[(3,4,5-trimethoxybenzoyl)oxy]-smethyl ester, (3beta,16beta,17alpha,18beta,20alpha)- |
50-55-5 |
U200 |
|
Resorcinol |
1,3-Benzenediol |
108-46-3 |
U201 |
|
Safrole |
1,3-Benzodioxole, 5-(2-propenyl)- |
94-59-7 |
U203 |
|
Selenium |
Same |
7782-49-2 |
|
|
Selenium compounds, N.O.S.1 |
|||
|
Selenium dioxide |
Selenious acid |
7783-00-8 |
U204 |
|
Selenium sulfide |
Selenium sulfide SeS2 |
7488-56-4 |
U205 |
|
Selenium, tetrakis(dimethyl-dithiocarbamate) |
Carbamodithioic acid, dimethyl-, tetraanhydrosulfide with orthothioselenious acid |
144-34-3 |
|
|
Selenourea |
Same |
630-10-4 |
P103 |
|
Silver |
Same |
7440-22-4 |
|
|
Silver compounds, N.O.S.1 |
|||
|
Silver cyanide |
Silver cyanide Ag(CN) |
506-64-9 |
P104 |
|
Silvex (2,4,5-TP) |
Propanoic acid, 2-(2,4,5-trichlorophenoxy)- |
93-72-1 |
See F027 |
|
Sodium cyanide |
Sodium cyanide Na(CN) |
143-33-9 |
P106 |
|
Sodium dibutyldithiocarbamate |
Carbamodithioic acid, dibutyl, sodium salt |
136-30-1 |
|
|
Sodium diethyldithiocarbamate |
Carbamodithioic acid, diethyl-, sodium salt |
148-18-5 |
|
|
Sodium dimethyldithiocarbamate |
Carbamodithioic acid, dimethyl-, sodium salt |
128-04-1 |
|
|
Sodium pentachlorophenate |
Pentachlorophenol, sodium salt |
131522 |
None |
|
Streptozotocin |
D-Glucose, 2-deoxy-2-[[(methylnitrosoamino)carbonyl]amino]- |
18883-66-4 |
U206 |
|
Strychnine |
Strychnidin-10-one |
57-24-9 |
P108 |
|
Strychnine salts |
P108 |
||
|
Sulfallate |
Carbamodithioic acid, diethyl-, 2-chloro-2-propenyl ester |
95-06-7 |
|
|
TCDD |
Dibenzo[b,e][1,4]dioxin, 2,3,7,8-tetrachloro- |
1746-01-6 |
|
|
Tetrabutylthiuram disulfide |
Thioperoxydicarbonic diamide, tetrabutyl |
1634-02-2 |
|
|
1,2,4,5-Tetrachlorobenzene |
Benzene, 1,2,4,5-tetrachloro- |
95-94-3 |
U207 |
|
Tetrachlorodibenzo-p-dioxins |
|||
|
Tetrachlorodibenzofurans |
|||
|
Tetrachloroethane, N.O.S.1 |
Ethane, tetrachloro-, N.O.S. |
25322-20-7 |
|
|
1,1,1,2-Tetrachloroethane |
Ethane, 1,1,1,2-tetrachloro- |
630-20-6 |
U208 |
|
1,1,2,2-Tetrachloroethane |
Ethane, 1,1,2,2-tetrachloro- |
79-34-5 |
U209 |
|
Tetrachloroethylene |
Ethene, tetrachloro- |
127-18-4 |
U210 |
|
2,3,4,6-Tetrachlorophenol |
Phenol, 2,3,4,6-tetrachloro- |
58-90-2 |
See F027 |
|
2,3,4,6-tetrachlorophenol, potassium salt |
same |
53535276 |
None |
|
2,3,4,6-tetrachlorophenol, sodium salt |
same |
25567559 |
None |
|
Tetraethyldithiopyrophosphate |
Thiodiphosphoric acid, tetraethyl ester |
3689-24-5 |
P109 |
|
Tetraethyl lead |
Plumbane, tetraethyl- |
78-00-2 |
P110 |
|
Tetraethyl pyrophosphate |
Diphosphoric acid, tetraethyl ester |
107-49-3 |
P111 |
|
Tetramethylthiuram monosulfide |
Bis(dimethylthiocarbamoyl) sulfide |
97-74-5 |
|
|
Tetranitromethane |
Methane, tetranitro- |
509-14-8 |
P112 |
|
Thallium |
Same |
7440-28-0 |
|
|
Thallium compounds, N.O.S.1 |
|||
|
Thallic oxide |
Thallium oxide Tl2 O3 |
1314-32-5 |
P113 |
|
Thallium(I) acetate |
Acetic acid, thallium(1 +) salt |
563-68-8 |
U214 |
|
Thallium(I) carbonate |
Carbonic acid, dithallium(1 +) salt |
6533-73-9 |
U215 |
|
Thallium(I) chloride |
Thallium chloride TlCl |
7791-12-0 |
U216 |
|
Thallium(I) nitrate |
Nitric acid, thallium(1 +) salt |
10102-45-1 |
U217 |
|
Thallium selenite |
Selenious acid, dithallium(1 +) salt |
12039-52-0 |
P114 |
|
Thallium(I) sulfate |
Sulfuric acid, dithallium(1 +) salt |
7446-18-6 |
P115 |
|
Thioacetamide |
Ethanethioamide |
62-55-5 |
U218 |
|
Thiodicarb |
Ethanimidothioic acid, N,N'-[thiobis [(methylimino) carbonyloxy]] bis-, dimethyl ester |
59669-26-0 |
U410 |
|
Thiofanox |
2-Butanone, 3,3-dimethyl-1-(methylthio)-, 0-[(methylamino)carbonyl] oxime |
39196-18-4 |
P045 |
|
Thiomethanol |
Methanethiol |
74-93-1 |
U153 |
|
Thiophanate-methyl |
Carbamic acid, [1,2-phyenylenebis (iminocarbonothioyl)] bis-, dimethyl ester |
23564-05-8 |
U409 |
|
Thiophenol |
Benzenethiol |
108-98-5 |
P014 |
|
Thiosemicarbazide |
Hydrazinecarbothioamide |
79-19-6 |
P116 |
|
Thiourea |
Same |
62-56-6 |
U219 |
|
Thiram |
Thioperoxydicarbonic diamide [(H2 N)C(S)]2 S2, tetramethyl- |
137-26-8 |
U244 |
|
Tirpate |
1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-, O-[(methylamino) carbonyl] oxime |
26419-73-8 |
P185 |
|
Toluene |
Benzene, methyl- |
108-88-3 |
U220 |
|
Toluenediamine |
Benzenediamine, ar-methyl- |
25376-45-8 |
U221 |
|
Toluene-2,4-diamine |
1,3-Benzenediamine, 4-methyl- |
95-80-7 |
|
|
Toluene-2,6-diamine |
1,3-Benzenediamine, 2-methyl- |
823-40-5 |
|
|
Toluene-3,4-diamine |
1,2-Benzenediamine, 4-methyl- |
496-72-0 |
|
|
Toluene diisocyanate |
Benzene, 1,3-diisocyanatomethyl- |
26471-62-5 |
U223 |
|
o-Toluidine |
Benzenamine, 2-methyl- |
95-53-4 |
U328 |
|
o-Toluidine hydrochloride |
Benzenamine, 2-methyl-, hydrochloride |
636-21-5 |
U222 |
|
p-Toluidine |
Benzenamine, 4-methyl- |
106-49-0 |
U353 |
|
Toxaphene |
Same |
8001-35-2 |
P123 |
|
Triallate |
Carbamothioic acid, bis(1-methylethyl)-, S-(2,3,3-trichloro-2-propenyl) ester |
2303-17-5 |
U389 |
|
1,2,4-Trichlorobenzene |
Benzene, 1,2,4-trichloro- |
120-82-1 |
|
|
1,1,2-Trichloroethane |
Ethane, 1,1,2-trichloro- |
79-00-5 |
U227 |
|
Trichloroethylene |
Ethene, trichloro- |
79-01-6 |
U228 |
|
Trichloromethanethiol |
Methanethiol, trichloro- |
75-70-7 |
P118 |
|
Trichloromonofluoromethane |
Methane, trichlorofluoro- |
75-69-4 |
U121 |
|
2,4,5-Trichlorophenol |
Phenol, 2,4,5-trichloro- |
95-95-4 |
See F027 |
|
2,4,6-Trichlorophenol |
Phenol, 2,4,6-trichloro- |
88-06-2 |
See F027 |
|
2,4,5-T |
Acetic acid, (2,4,5-trichlorophenoxy)- |
93-76-5 |
See F027 |
|
Trichloropropane, N.O.S.1 |
25735-29-9 |
||
|
1,2,3-Trichloropropane |
Propane, 1,2,3-trichloro- |
96-18-4 |
|
|
Triethylamine |
Ethanamine, N,N-diethyl- |
121-44-8 |
U404 |
|
O,O,O-Triethyl phosphorothioate |
Phosphorothioic acid, O,O,O-triethyl ester |
126-68-1 |
|
|
1,3,5-Trinitrobenzene |
Benzene, 1,3,5-trinitro- |
99-35-4 |
U234 |
|
Tris(1-aziridinyl)phosphine sulfide |
Aziridine, 1,1',1″-phosphinothioylidynetris- |
52-24-4 |
|
|
Tris(2,3-dibromopropyl) phosphate |
1-Propanol, 2,3-dibromo-, phosphate (3:1) |
126-72-7 |
U235 |
|
Trypan blue |
2,7-Naphthalenedisulfonic acid, 3,3'- [(3,3'-dimethyl[1,1'-biphenyl]-4,4'- diyl)bis(azo)]- bis[5-amino-4-hydroxy-, tetrasodium salt. |
72-57-1 |
U236 |
|
Uracil mustard |
2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2-chloroethyl)amino]- |
66-75-1 |
U237 |
|
Vanadium pentoxide |
Vanadium oxide V2 O5 |
1314-62-1 |
P120 |
|
Vernolate |
Carbamothioic acid, dipropyl-,S-propyl ester |
1929-77-7 |
|
|
Vinyl chloride |
Ethene, chloro- |
75-01-4 |
U043 |
|
Warfarin |
2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-oxo-1-phenylbutyl)-, when present at concentrations less than 0.3% |
81-81-2 |
U248 |
|
Warfarin |
2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-oxo-1-phenylbutyl)-, when present at concentrations greater than 0.3% |
81-81-2 |
P001 |
|
Warfarin salts, when present at concentrations less than 0.3% |
U248 |
||
|
Warfarin salts, when present at concentrations greater than 0.3% |
P001 |
||
|
Zinc cyanide |
Zinc cyanide Zn(CN)2 |
557-21-1 |
P121 |
|
Zinc phosphide |
Zinc phosphide Zn3 P2, when present at concentrations greater than 10% |
1314-84-7 |
P122 |
|
Zinc phosphide |
Zinc phosphide Zn3 P2, when present at concentrations of 10% or less |
1314-84-7 |
U249 |
|
Ziram |
ZInc, bis(dimethylcarbamodithioato-S,S')-, (T-4)- |
137-30-4 |
P205 |
FOOTNOTE: 1The abbreviation N.O.S. (not otherwise specified) signifies those members of the general class not specifically listed by name in this appendix
Section 261
Appendix IX - Wastes Excluded Under §§ 260.20 and 260.22
Table 1 - Wastes Excluded From Non-Specific Sources
Facility
Division of Environmental Quality.
Vertac Superfund site, Jacksonville, Arkansas.
Kiln ash, cyclone ash, and calcium chloride salts from incineration of residues (EPA Hazardous Waste No. F020 and F023) generated from the primary production of 2,4,5-T and 2,4-D after August 24, 1990. This one-time exclusion applies only to the incineration of the waste materials described in the petition, and it is conditional upon the data obtained from DEQ's full-scale incineration facility. To ensure that hazardous constituents are not present in the waste at levels of regulatory concern once the full-scale treatment facility is in operation, DEQ must implement a testing program for the petitioned waste. This testing program must meet the following conditions for the exclusion to be valid:
(1) Testing: Sample collection and analyses
(including quality control (QC) procedures) according to appropriate methods.
As applicable to the method-defined parameters of concern, analyses requiring
the use of SW-846 methods incorporated by reference in
40 CFR
260.11 must be used without substitution. As
applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311,
1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
(A) Initial
testing: Representative grab samples must be taken from each drum and kiln ash
and cyclone ash generated from each 24 hours of operation, and the grab samples
composited to form one composite sample of ash for each 24-hour period.
Representative grab samples must also be taken from each drum of calcium
chloride salts generated from each 24 hours of operation and composited to form
one composite sample of calcium chloride salts for each 24-hour period. The
initial testing requirements must be fulfilled for the following wastes:
(i) incineration by-products generated prior
to and during the incinerator's trial burn;
(ii) incineration by-products from the
treatment of 2,4-D wastes for one week (or 7 days if incineration is not on
consecutive days) after completion of the trial burn;
(iii) incineration by-products from the
treatment of blended 2,4-D and 2,4 5-T wastes for two weeks (or 14 days if
incineration is not on consecutive days) after completion of the trial burn;
and
(iv) incineration by-products
from the treatment of blended 2,4-D and 2,4,5-T wastes for one week (or 7 days
if incineration is not on consecutive days) when the percentage of 2, 4, 5-T
wastes exceeds the maximum percentage treated under Condition (1)(A)(iii).
Prior to disposal of the residues from each 24-hour sampling period, the daily
composite must be analyzed for all the constituents listed in Condition (3).
DEQ must report theanalytical test data, including quality control information,
obtained during this initial period no later than 90 days after the start of
the operation.
(B)
Subsequent testing: Representative grab samples of each drum of kiln and
cyclone ash generated from each week of operation must be composited to form
one composite sample of ash for each weekly period. Representative grab samples
of each drum of calcium chloride salts generated from each week of operation
must also be composited to form one composite sample of calcium chloride salts
for each weekly period.
Prior to disposal of the residues from each weekly sampling period, the weekly composites must be analyzed for all of the constituents listed in Condition (3). The analytical data, including quality control information, must be compiled and maintained on site for a minimum of three years. These data must be furnished upon request and made available for inspection by any employee or representative of EPA.
(2) Waste holding: The
incineration residues that are generated must be stored as hazardous until the
initial verification analyses or subsequent analyses are completed.
If the composite incineration residue samples (from either Condition (1)(A) or Condition (1)(B) do not exceed any of the delisting levels set in Condition (3), the incineration residues corresponding to these samples may be managed and disposed of in accordance with all applicable solid waste rules.
If any composite incineration residue sample exceeds any of the delisting levels set in Condition (3), the incineration residues generated during the time period corresponding to this sample must be retreated until they meet these levels (analyses must be repeated) or managed and disposed of in accordance with subtitle C of RCRA. Incineration residues which are generated but for which analysis is not complete or valid must be managed and disposed of in accordance with subtitle C of RCRA, until valid analyses demonstrate that the wastes meet the delisting levels.
(3) Delisting levels: If concentrations in
one or more of the incineration residues for any of the hazardous constituents
listed below exceed their respective maximum allowable concentrations also
listed below, the batch of failing waste must either be re-treated until it
meets these levels or managed and disposed of in accordance with subtitle C of
RCRA. treated until it meets these levels or managed and disposed of in
accordance with subtitle C of RCRA.
(A)
Inorganics (Leachable): Arsenic, 0.32 ppm; Barium, 6.3 ppm; Cadmium, 0.06 ppm;
Chromium, 0.32 ppm; Cyanide, 4.4 ppm; Lead, 0.32 ppm; Mercury, 0.01 ppm;
Nickel, 4.4 ppm; Selenium, 0.06 ppm; Silver, 0.32 ppm. Metal concentrations
must be measured in the waste leachate as per
40 CFR
261.24. Cyanide extractions must be conducted
using distilled water.
(B)
Organics: Benzene, 0.87 ppm; Benzo(a)anthracene, 0.10 ppm; Benzo(a)pyrene, 0.04
ppm; Benzo (b)fluoranthene, 0.16 ppm; Chlorobenzene, 152 ppm; o-Chlorophenol,
44 ppm; Chrysene, 15 ppm; 2, 4-D, 107 ppm; DDE, 1.0 ppm; Dibenz(a,h)anthracene,
0.007 ppm; 1, 4-Dichlorobenzene, 265 ppm; 1, 1-Dichlorethylene, 1.3 ppm;
trans-1,2 Dichloroethylene, 37 ppm; Dichloromethane, 0.23 ppm;
2,4-Dichlorphenol, 43 ppm; Hexachlorobenzene, 0.26 ppm; Indeno (1,2,3-cd) 6
pyrene, 30 ppm; Polychlorinated biphenyls, 12 ppm; 2,4,5-T, 1 X 10 ppm;
1,2,4,5-Tetrachlorobenzene, 56 ppm; Tetrachloroethylene, 3.4 ppm;
Trichloroethylene, 1.1 ppm; 2,4,5-Trichlorophenol, 21,000 ppm;
2,4,6-Trichlorophenol, 0.35 ppm.
(C) Chlorinated dioxins and furans:
2,3,7,8-Tetrachlorodibenzo-p-dioxin equivalents: 4
x10-7ppm.
The petitioned by-product must be analyzed for the tetra-, penta-, hexa-, and heptachlorodibenzo-p-dioxins, and the tetra-, penta-, hexa-, and heptachlorodibenzofurans to determine the 2, 3, 7, 8-tetra- chlorodibenzo-p-dioxin equivalent concentration. The analysis must be conducted using a measurement system that achieves practical quantitation limits of 15 parts per trillion (ppt) for the tetra- and penta-homologs, and 37 ppt for the hexa- and hepta-homologs.
(4) Termination of testing: Due to the
possible variability of the incinerator feeds, the testing requirements of
Condition (1)(B) will continue indefinitely.
(5) Data submittals: Within one week of
system start-up. DEQ must notify the Section Chief, Variances Section (see
address below) when the full-scale incineration system is online and waste
treatment has begun. The data obtained through Condition (1)(A) must be
submitted to the Section Chief, Variances Section, PSPD/OSW (OS-343), U.S. EPA,
401 M Street SW., Washington, DC 20460, within the time period specified. At
the Section Chief's request, DEQ must submit analytical data obtained through
Condition (1)(B) within the time period specified by the Section Chief. Failure
to submit the required data obtained from Condition (1)(A) within the specified
time period or to maintain the required records for the time specified in
Condition (1)(B) (or to submit data within the time specified by the Section
Chief) will be considered by the Agency, at its discretion, sufficient basis to
revoke DEQ's exclusion to the extent directed by EPA. All data must be
accompanied by the following certification statement:
"Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 U.S.C. 1001 and 42 U.S.C. 6928), I certify that the information contained in or accompanying this document is true, accurate and complete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this information is true accurate and complete. In the event that any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recognize and agree that this exclusion of wastes will be void as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in contravention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion."
Chamberlain-Featherlite, Inc.
Hot Springs, AR
Dewatered wastewater treatment sludges (EPA Hazardous Waste No. F019) generated from the chemical conversion coating of aluminum after July 16, 1986.
Kawneer Company, Incorporated.
Springdale, Arkansas
Wastewater treatment filter press sludge (EPA Hazardous Waste No. F019) generated (at a maximum annual rate of 26 cubic yards) from the chemical conversion coating of aluminum. This exclusion was published on November 13, 1990. Kawneer must analyze a representative sample, obtained by a full depth core sample from each 55 gallon drum of filter press sludge generated, prior to disposal of the wastes as nonhazardous. Each lot of filter press sludge wastes shipped for disposal shall e analyzed. Samples from each frum may be composited for each lof of filter press sludge to be disposed of. Analysis shall be conducted for total cyanide and chromium (VI). Provided that total cyanide conentraion in the waste is less than 0.7 ug/kg and chromium (VI) is less than 0.5 ug/kg, the wastes may be disposed of an nonhazardous under the provisions of this delisting exclusion.
Monroe Auto Equipment.
Paragould, AR
Wastewater treatment sludge (EPA Hazardous Waste No. F006) generated from electroplating operations after vacuum filtration after November 27,1985. This exclusion does not apply to the sludge contained in the on-site impoundment.
U.S. EPA Combustion Research Facility.
Jefferson, Arkansas
One-time exclusion for scrubber water (EPA Hazardous Waste No. F020) generated in 1985 from the incineration of Vertac still bottoms. This exclusion was published on June 28, 1989.
Waterloo Industries.
Pocahontas, AR
Wastewater treatment sludges (EPA Hazardous Waste No. F006) generated from electroplating operations after dewatering and held on-site on July 17, 1986 and any such sludge generated (after dewatering) after July 17, 1986.
Bekaert Steel Corporation
Rogers, Arkansas
Wastewater treatment sludge (EPA Hazardous Waste No. F006) generated from electroplating operations (at a maximum annual rate of 1250 cubic yards to be measured on a calendar year basis) after February 28, 1997. In order to confirm that the characteristics of the waste do not change significantly, the facility must, on an annual basis, before July 1 of each year, analyze a representative composite sample for the constituents listed in §261.24 as well as antimony, copper, nickel, and zinc using the method specified therein. The annual analytical results, including quality control information, must be compiled, certified according to § 260.22(i)(12) of this rule, maintained on site for a minimum of five years, and made available for inspection upon request of any employee or representative of EPA or the State of Arkansas. Failure to maintain the required documents on site will be considered by the Division and/or EPA, at their discretion, sufficient basis to revoke this exclusion to the extent directed.
Tenneco Automotive.
Paragould, AR
Stabilized sludge from electroplating operations, excavated from the Finch Road Landfill and currently stored in containment cells by Tenneco (EPA Hazardous Waste Nos. F006). This is a one-time exclusion for 1,800 cubic yards of stabilized sludge when it is disposed of in a Subtitle D landfill. This exclusion was published on August 9, 2001.
(1) Reopener Language:
(A) If, anytime after disposal of the
delisted waste, Tenneco possesses or is otherwise made aware of any
environmental data (including but not limited to leachate data or groundwater
monitoring data) or any other data relevant to the delisted waste indicating
that any constituent identified for the delisting verification testing is at
level higher than the delisting level allowed by the Director or his delegate
in granting the petition, then the facility must report the data, in writing,
to the Director or his delegate within 10 days of first possessing or being
made aware of that data.
(B) If
Tenneco fails to submit the information described in (2)(A) or if any other
information is received from any source, the Director or his delegate will make
a preliminary determination as to whether the reported information requires
Division action to protect human health or the environment. Further action may
include suspending, or revoking the exclusion, or other appropriate response
necessary to protect human health and the environment.
(C) If the Director or his delegate
determines the reported information does require Division action, the Director
or his delegate will notify the facility in writing of the actions the Director
or his delegate believes are necessary to protect human health and the
environment. The notice shall include a statement of the proposed action and a
statement providing the faciity with an opportunity to present information as
to why the proposed Division action is not necessary. The facility shall have
10 days from the date of the Director or his delegate's notice to present such
information.
(D) Following the
receipt of information from the facility described in (1)(C) or (if no
information is presented under (1)(C)) the initial receipt of information
described in (1)(A), the Director or his delegate will issue a final written
determination describing the Division actions that are necessary to protect
human health or the envronment. Any required action described in the Director
or his delegate's determination shall become effective immediately, unless the
Director or his delegate provides othrwise.
(2) Notification Requirements: Tenneco must
do the following before transporting the delisted waste off-site: Failure to
provide this notification will result in a violation of the delisting petition
and revocation of the exclusion.
(A) Provide
a one-time written notification to any State Regulatory Agency to which or
through which they will transport the delisted waste described above for
disposal, 60 days before beginning such activities.
(B) Update the one-time written notification
if Tenneco ships the delisted waste to a different disposal facility.
Tokusen, USA Inc
Conway, AR
Wastewater Treatment Sludge (EPA Hazardous Waste No. F006) generated at a maximum annual rate of 2,000 cubic yards per calendar year after [Insert date of Commission adoption of this revision] to be disposed of in a Subtitle D landfill. For the exclusion to be valid, Tokusen must implement a verification testing program that meets the following paragraphs:
(1) Delisting Levels: All
leachable concentrations for those constituents must not exceed the following
levels (mg/L for TCLP).
(A) Inorganic
Constituents; Antimony - 0.4; Arsenic - 1.59; Barium - 100; Chromium - 5.0;
Cobalt - 0.8; Copper - 91.3; Lead - 2.32; Nickel - 50.5; Selenium -1.0; Zinc -
748.
(B) Organic Constituents:
Acetone - 1950.
(2) Waste
Management:
(A) Tokusen must manage as
hazardous all WWTP sludge generated, until it has completed initial
verification testing described in paragraph (3)(A) and (B), as appropriate, and
valid analyses show that paragraph (1) is satisfied and approval is received by
EPA.
(B) Levels of constituents
measured in the samples of the WWTP sludge that do not exceed the levels set
forth in paragraph (1) are non-hazardous. Tokusen can manage and dispose of the
non-hazardous WWTP sludge according to all applicable solid waste
rules.
(C) If constituent levels in
a sample exceed any of the Delisting Levels set in paragraph (1), Tokusen can
collect one additional sample and perform expedited analyses to verify if the
constituent exceeds the delisting level. If this sample confirms the
exceedance, Tokusen must, from that point forward, treat all the waste covered
by this exclusion as hazardous until it is demonstrated that the waste again
meets the levels in paragraph (1). Tokusen must manage and dispose of the waste
generated under Subtitle C of RCRA when it becomes aware of any
exceedance.
(D) Upon completion of
the verification testing described in paragraph 3(A) and (B) as appropriate and
the transmittal of the results to EPA, and if the testing results meet the
requirements of paragraph (1), Tokusen may proceed to manage its WWTP sludge as
non-hazardous waste. If subsequent verification testing indicates an exceedance
of the Delisting Levels in paragraph (1), Tokusen must manage the WWTP sludge
as a hazardous waste after it has received approval from EPA as described in
paragraph (2)(C).
(3) Verification Testing Requirements:
Tokusen must perform sample collection and analyses, including quality control
procedures, using appropriate methods. As applicable to the method-defined
parameters of concern, analyses requiring the use of SW-846 methods
incorporated by reference in Section 260.11 of this Rule must be used without
substitution. As applicable, the SW-846 methods might include Methods 8260B,
1311/8260B, 8270C, 6010B, 7470, 9034A, ASTMD-4982B, ASTMD-5049, E413.2. Methods
must meet Performance Based Measurement System Criteria in which The Data
Quality Objectives are to demonstrate that representative samples of sludge
meet the delisting levels in paragraph (1). If EPA judges the process to be
effective under the operating conditions used during the initial verification
testing, Tokusen may replace the testing required in paragraph (3)(A) with the
testing required in paragraph (3)(B). Tokusen must continue to test as
specified in paragraph (3)(A) until and unless notified by EPA in writing that
testing in paragraph (3)(A) may be replaced by paragraph (3)(B).
(A) Initial Verification Testing: After EPA
grants the final exclusion, Tokusen must do the following:
(i) The first sampling event for eight (8)
samples will be performed within thirty (30) days of operation after this
exclusion becomes final.
(ii) The
samples are to be analyzed and compared against the Delisting Levels in
paragraph (1).
(iii) Within sixty
(60) days after this exclusion becomes final, Tokusen will report initial
verification analytical test data for the WWTP sludge, including analytical
quality control information. Tokusen must request in writing that EPA allows
Tokusen to substitute the Testing conditions in (3)(B) for (3)(A).
(B) Subsequent Verification
Testing: Following written notification by EPA, Tokusen may substitute the
testing conditions in (3)(B) for (3)(A). Tokusen must continue to monitor
operating conditions, and analyze two representative samples of the wastewater
treatment sludge for each quarter of operation during the first year of waste
generation. If levels of constituents measured in the samples of the WWTP
sludge do not exceed the levels set forth in paragraph (1) in two consecutive
quarters,
Tokusen can manage and dispose of the WWTP sludge according to all applicable solid waste rules. After the first year of sampling events, one (1) verification sampling test can be performed on two (2) annual samples of the waste treatment sludge. The results are to be compared to the Delisting Levels in paragraph (1).
(C)
Termination of Testing:
(i) After the first
year of quarterly testings, if the Delisting Levels in paragraph (1) are met,
Tokusen may then request that EPA does not require a quarterly
testing.
(ii) Following termination
of the quarterly testing, Tokusen must conduct one (1) sampling event on two
(2) representative samples for all constituents listed in paragraph (1)
annually.
(4)
Changes in Operating Conditions: If Tokusen significantly changes the process
described in its petition or starts any processes that generate(s) the waste
that may or could significantly affect the composition or type of waste
generated as established under paragraph (1) (by illustration, but not
limitation, changes in equipment or operating conditions of the treatment
process), it must notify EPA and DEQ in writing; it may no longer handle the
wastes generated from the new process as non-hazardous until the wastes meet
the delisting levels set in paragraph (1) and it has received written approval
todo so from EPA and DEQ.
(5) Data
Submittals: Tokusen must submit the information described below. If Tokusen
fails to submit the required data within the specified time or maintain the
required records on-site for the specified time, EPA, at its discretion, will
consider this sufficient basis to re-open the exclusion as described in
paragraph (6). Tokusen must:
(A) Submit the
data obtained through paragraph (3) to the Division Director, Enforcement and
Compliance Assurance Division, EPA Region 6, 1201 Elm Street, Dallas, Texas
75270, Mail Code, (6ECD) within the time specified.
(B) Compile records of operating conditions
and analytical data from paragraph (3), summarized, and maintained on-site for
a minimum of five years.
(C)
Furnish these records and data when EPA or the State of Arkansas requests them
for inspection.
(D) Send along with
all data a signed copy of the following certification statement, to attest to
the truth and accuracy of the data submitted: Under civil and criminal penalty
of law for the making or submission of false or fraudulent statements or
representations (pursuant to the applicable provisions of the Federal Code,
which include, but may not be limited to, 18 U.S.C. 001 and
42
U.S.C. 6928), I certify that the information contained in or accompanying this
document is true, accurate and complete.
As to the (those) identified section(s) of this document for which I can not personally verify its (their) truth and accuracy I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this information is true, accurate and complete. If any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recognize and agree that this exclusion of waste will be void as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in contravention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion.
(6) Re-Opener:
(A) If, any time after disposal of the
delisted waste, Tokusen possesses or is otherwise made aware of any
environmental data (including but not limited to leachate data or groundwater
monitoring data) or any other data relevant to the delisted waste indicating
that any constituent identified for the delisting verification testing is at
level higher than the delisting level allowed by the Division Director in
granting the petition, then the facility must report the data, in writing, to
the Division Director and DEQ within 10 days of first possessing or being made
aware of that data.
(B) If the
annual testing of the waste does not meet the delisting requirements in
paragraph (1), Tokusen must report the data in writing to the Division Director
within 10 days of first possessing or being made aware of that data.
(C) If Tokusen fails to submit the
information described in paragraphs (5), (6)(A) or (6)(B) or if any other
information is received from any source, the Division Director will make a
preliminary determination as to whether the reported information requires EPA
action to protect human health and/or the environment. Further action may
include suspending, or revoking the exclusion, or other appropriate response
necessary to protect human health and the environment.
(D) If the Division Director determines that
the reported information does require action, EPA's Division Director will
notify the facility in writing of the actions the Division Director believes
are necessary to protect human health and the environment. The notice shall
include a statement of the proposed action and a statement providing the
facility with an opportunity to present information as to why the proposed
action by EPA is not necessary. The facility shall have 10 days from the date
of the Division Director's notice to present such information. (E) Following
the receipt of information from the facility described in paragraph (6)(D) or
(if) no information is presented under paragraph (6)(D)) the initial receipt of
information described in paragraphs (5), (6)(A) or (6)(B), the Division
Director will issue a final written determination describing EPA's actions that
are necessary to protect human health and/or the environment. Any required
action described in the Division Director's determination shall become
effective immediately, unless the Division Director provides
otherwise.
(7)
Notification Requirements: Tokusen must do the following before transporting
the delisted waste. Failure to provide this notification will result in a
violation of the delisting petition and a possible revocation of the decision.
(A) Provide a one-time written notification
to any state Regulatory Agency to which or through which it will transport the
delisted waste described above for disposal, 60 days before beginning such
activities.
(B) Update one-time
written notification, if it ships the delisted waste into a different disposal
facility.
(C) Failure to provide
this notification will result in a violation of the delisting variance and a
possible revocation of the decision.
Section 262.
- STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
Subsection A
-- General
§ 262.1
Terms used in this
section
As used in this section:
"Condition for exemption" to mean: any requirement in §§ 262.14, 262.15, 262.16, 262.17, 262.70, or subsection K or subsection L of this section that states an event, action, or standard that must occur or be met in order to obtain an exemption from any applicable requirement in 40 CFR Part 124 and sections 264 through 268, and 270 of this rule, or from any requirement for notification under section 3010 of RCRA.
"Independent requirement" to mean: a requirement of section 262 that states an event, action, or standard that must occur or be met; and that applies without relation to, or irrespective of, the purpose of obtaining a conditional exemption from storage facility permit, interim status, and operating requirements under §§ 262.14, 262.15, 262.16, 262.17, or subsection K or subsection L of this section.
§ 262.10
Purpose,
scope, and applicability
(a) These
rules in this section establish standards for generators of hazardous waste as
defined by 260.10 of this rule.
(1) A person
who generates a hazardous waste as defined by section 261 of this rule is
subject to all the applicable independent requirements in the sections and
subsections listed below:
(i) Independent
requirements of a very small quantity generator.
(A) Section 262.11(a) through (d) Hazardous
waste determination and recordkeeping; and
(B) Section 262.13 Generator category
determination.
(ii)
Independent requirements of a small quantity generator.
(A) Section 262.11 Hazardous waste
determination and recordkeeping;
(B) Section 262.13 Generator category
determination;
(C) Section 262.18
EPA identification numbers and re-notification for small quantity generators
and large quantity generators;
(D)
Section 262 subsection B-Manifest requirements applicable to small and large
quantity generators;
(E) Section
262 subsection C-Pre-transport requirements applicable to small and large
quantity generators;
(F) Section
262.40 Recordkeeping;
(G) Section
262.44 Recordkeeping for small quantity generators; and
(H) Section 262 subsection H-Transboundary
movements of hazardous waste for recovery or disposal.
(iii) Independent requirements of a large
quantity generator.
(A) Section 262.11
Hazardous waste determination and recordkeeping;
(B) Section 262.13 Generator category
determination;
(C) Section 262.18
EPA identification numbers and re-notification for small quantity generators
and large quantity generators;
(D)
Section 262 subsection B-Manifest requirements applicable to small and large
quantity generators;
(E) Section
262 subsection C-Pre-transport requirements applicable to small and large
quantity generators;
(F) Section
262 subsection D-Recordkeeping and reporting applicable to small and large
quantity generators, except § 262.44; and
(G) Section 262 subsection H-Transboundary
movements of hazardous waste for recovery or disposal.
(2) A generator that accumulates
hazardous waste on site is a person that stores hazardous waste; such generator
is subject to the applicable requirements of 40 CFR Part 124, and APC& EC
Rule No. 23 sections 264 through 267, and 270 of this rule and section 3010 of
RCRA, unless it is one of the following:
(i) A
very small quantity generator that meets the conditions for exemption in §
262.14;
(ii) A small quantity
generator that meets the conditions for exemption in §§ 262.15 and
262.16; or
(iii) A large quantity
generator that meets the conditions for exemption in §§ 262.15 and
262.17.
(3) A generator
shall not transport, offer its hazardous waste for transport, or otherwise
cause its hazardous waste to be sent to a facility that is not a designated
facility, as defined in § 260.10 of this chapter, or not otherwise
authorized to receive the generator's hazardous waste.
(b) Determining generator category. A
generator must use § 262.13 to determine which provisions of this part are
applicable to the generator based on the quantity of hazardous waste generated
per calendar month.
(c) A generator
who treats, stores, or disposes of hazardous waste on-site must only comply
with the following sections of this section with respect to that waste: Section
262.11 for determining whether or not he has a hazardous waste, § 262.12
for obtaining an EPA identification number, § 262.34 for accumulation of
hazardous waste, § 262.40 (c) and (d) for recordkeeping, § 262.43 for
additional reporting, and if applicable, § 262.70 for farmers.
(d) Any person who exports or imports
hazardous wastes must comply with § 262.18 and subsection H of this
section.
(e) Any person who imports
hazardous waste into the United States and/or the State of Arkansas must comply
with the standards applicable to generators established in this
section.
(f) A farmer who generates
waste pesticides which are hazardous waste and who complies with all of the
requirements of § 262.70 is not required to comply with other standards in
this section or §§ 270, 264, 265, 267, or 268 with respect to such
pesticides.
(g) A person who
generates a hazardous waste as defined by § 261 is subject to the
compliance requirements and penalties prescribed in section 3008 of RCRA and
§
8-7-204 of the Arkansas Hazardous Waste Management Act if he does not
comply with the requirements of this section.
(1) A generator's violation of an independent
requirement is subject to penalty and injunctive relief under APC&EC Rule
No. 8.
(2) A generator's
noncompliance with a condition for exemption in this section is not subject to
penalty or injunctive relief under APC&EC Rule No. 8 as a violation of
section 262 condition for exemption. Noncompliance by any generator with an
applicable condition for exemption from storage permit and operations
requirements means that the facility is a storage facility operating without an
exemption from the permit, interim status, and operations requirements in 40
CFR Part 124, and sections 264 through 267, and 270 of this rule, and the
notification requirements of section 3010 of RCRA. Without an exemption, any
violations of such storage requirements are subject to penalty and injunctive
relief under APC&EC Rule No. 8.
(h) An owner or operator who initiates a
shipment of hazardous waste from a treatment, storage, or disposal facility
must comply with the generator standards established in this section.
(i) Persons responding to an explosives or
munitions emergency in accordance with §§ 264.1(g)(8)(i)(D) or (iv)
or 265.1(c)(11)(i)(D) or (iv), and 270.1(c)(3)(i)(D) or (iii) are not required
to comply with the standards of this Section.
(j) Reserved
(k) Reserved
(l) The laboratories owned by an eligible
academic entity that chooses to be subject to the requirements of Subsection K
of this Section are not subject to (for purposes of this paragraph, the terms
"laboratory" and "eligible academic entity" shall have the meaning as defined
in § 262.200):
(1) The independent
requirements of § 262.11 or the rules in § 262.15 for large quantity
generators and small quantity generators, except as provided in subsection K,
and
(2) The conditions of §
262.14, for very small quantity generators, except as provided in subsection K.
Note 1: The provisions of § 262.34 are applicable to the on-site accumulation of hazardous waste by generators. Therefore, the provisions of § 262.34 only apply to owners or operators who are shipping hazardous waste which they generated at that facility.
Note 2: A generator who treats, stores, or disposes of hazardous waste on-site must comply with the applicable standards and permit requirements set forth in §§ 264, 265, 266, and 270.
§
262.11
Hazardous waste determination and
recordkeeping
A person who generates a solid waste, as defined in § 261.2, must make an accurate determination as to whether that waste is a hazardous waste in order to ensure wastes are properly managed according to applicable RCRA rules. A hazardous waste determination is made using the following steps:
(a) The hazardous
waste determination for each solid waste must be made at the point of waste
generation, before any dilution, mixing, or other alteration of the waste
occurs, and at any time in the course of its management that it has, or may
have, changed its properties as a result of exposure to the environment or
other factors that may change the properties of the waste such that the RCRA
classification of the waste may change.
(b) A person must determine whether the solid
waste is excluded from regulation under § 261.4 of this rule.
Note: Even if the waste is listed, the generator still has an opportunity under § 260.22 to demonstrate to the Director and the EPA Administrator that the waste from his particular facility or operation is not a hazardous waste.
(c) If the
waste is not excluded under § 261.4, the person must then use knowledge of
the waste to determine whether the waste meets any of the listing descriptions
under subsection D of section 261. Acceptable knowledge that may be used in
making an accurate determination as to whether the waste is listed may include
waste origin, composition, the process producing the waste, feedstock, and
other reliable and relevant information. If the waste is listed, the person may
file a delisting petition under § 260.20 and § 260.22 to demonstrate
to the Director that the waste from this particular site or operation is not a
hazardous waste.
(d) The person
then must also determine whether the waste exhibits one or more hazardous
characteristics as identified in subsection C of section 261 by following the
procedures in paragraph (d)(1) or (2) of this section, or a combination of
both.
(1) The person must apply knowledge of
the hazard characteristic of the waste in light of the materials or the
processes used to generate the waste. Acceptable knowledge may include process
knowledge (e.g., information about chemical feedstocks and other inputs to the
production process); knowledge of products, by-products, and intermediates
produced by the manufacturing process; chemical or physical characterization of
wastes; information on the chemical and physical properties of the chemicals
used or produced by the process or otherwise contained in the waste; testing
that illustrates the properties of the waste; or other reliable and relevant
information about the properties of the waste or its constituents. A test other
than a test method set forth in subsection C of section 261, or an equivalent
test method approved by the Director under § 260.21, may be used as part
of a person's knowledge to determine whether a solid waste exhibits a
characteristic of hazardous waste. However, such tests do not, by themselves,
provide definitive results. Persons testing their waste must obtain a
representative sample of the waste for the testing, as defined at §
260.10.
(2) When available
knowledge is inadequate to make an accurate determination, the person must test
the waste according to the applicable methods set forth in subsection C of
section 261 or according to an equivalent method approved by the Director under
§ 260.21 and in accordance with the following:
(i) Persons testing their waste must obtain a
representative sample of the waste for the testing, as defined at §
260.10.
(ii) Where a test method is
specified in subsection C of section 261, the results of the regulatory test,
when properly performed, are definitive for determining the regulatory status
of the waste.
(e) If the waste is determined to be
hazardous, the generator must refer to sections 261, 264, 265, 266, 267, 268,
and 273 of this rule for other possible exclusions or restrictions pertaining
to management of the specific waste.
(f) Recordkeeping for very
small, small, and large quantity generators. A very
small, small, or large quantity generator must maintain records
supporting its hazardous waste determinations, including records that identify
whether a solid waste is a hazardous waste, as defined by § 261.3. Records
must be maintained for at least three years from the date that the waste was
last sent to on-site or off-site treatment, storage, or disposal. These records
must comprise the generator's knowledge of the waste and support the
generator's determination, as described at paragraphs (c) and (d) of this
section. The records must include, but are not limited to, the following types
of information: the results of any tests, sampling, waste analyses, or other
determinations made in accordance with this section; records documenting the
tests, sampling, and analytical methods used to demonstrate the validity and
relevance of such tests; records consulted in order to determine the process by
which the waste was generated, the composition of the waste, and the properties
of the waste; and records which explain the knowledge basis for the generator's
determination, as described at paragraph (d)(1) of this section. The periods of
record retention referred to in this section are extended automatically during
the course of any unresolved enforcement action regarding the regulated
activity or as requested by the Director.
(g) Identifying hazardous waste numbers for
small and large quantity generators. If the waste is determined to be
hazardous, small quantity generators and large quantity generators must
identify all applicable EPA hazardous waste numbers (EPA hazardous waste codes)
in subsections C and D of section 261 of this chapter. Prior to shipping the
waste off site, the generator also must mark its containers with all applicable
EPA hazardous waste numbers (EPA hazardous waste codes) according to §
262.32.
§ 262.12
[Reserved]
§
262.13
Generator category determination
A generator must determine its generator category. A generator's category is based on the amount of hazardous waste generated each month and may change from month to month. This section sets forth procedures to determine whether a generator is a very small quantity generator, a small quantity generator, or a large quantity generator for a particular month, as defined in §260.10 of this chapter.
(a) Generators of either acute hazardous
waste or non-acute hazardous waste. A generator who either generates acute
hazardous waste or non-acute hazardous waste in a calendar month shall
determine its generator category for that month by doing the following:
(1) Counting the total amount of hazardous
waste generated in the calendar month;
(2) Subtracting from the total any amounts of
waste exempt from counting as described in paragraphs (c) and (d) of this
section; and
(3) Determining the
resulting generator category for the hazardous waste generated using Table 1 of
this section.
(b)
Generators of both acute and non-acute hazardous wastes. A generator who
generates both acute hazardous waste and non-acute hazardous waste in the same
calendar month shall determine its generator category for that month by doing
the following:
(1) Counting separately the
total amount of acute hazardous waste and the total amount of non-acute
hazardous waste generated in the calendar month;
(2) Subtracting from each total any amounts
of waste exempt from counting as described in paragraphs (c) and (d) of this
section;
(3) Determining separately
the resulting generator categories for the quantities of acute and non-acute
hazardous waste generated using Table 1 of this section; and
(4) Comparing the resulting generator
categories from paragraph (b)(3) of this section and applying the more
stringent generator category to the accumulation and management of both
non-acute hazardous waste and acute hazardous waste generated for that month.
Table 1 to §262.13-GENERATOR CATEGORIES BASED ON QUANTITY OF WASTE GENERATED IN A CALENDAR MONTH
|
Quantity of acute hazardous waste generated in a calendar month |
Quantity of non-acute hazardous waste generated in a calendar month |
Quantity of residues from a cleanup of acute hazardous waste generated in a calendar month |
Generator category |
|
> 1 kg |
Any amount |
Any amount |
Large quantity generator. |
|
Any amount |
>= 1,000 kg |
Any amount |
Large quantity generator. |
|
Any amount |
Any amount |
>100 kg |
Large quantity generator. |
|
<= 1 kg |
> 100 kg and < 1,000 kg |
<= 100 kg |
Small quantity generator. |
|
<= 1 kg |
<= 100 kg |
<= 100 kg |
Very small quantity generator. |
(c) When making the monthly quantity-based
determinations required by this part, the generator must include all hazardous
waste that it generates, except hazardous waste that:
(1) Is exempt from regulation under §
261.4(c) through (f), § 261.6(a)(3), § 261.7(a)(1), or §
261.8;
(2) Is managed immediately
upon generation only in on-site elementary neutralization units, wastewater
treatment units, or totally enclosed treatment facilities as defined in §
260.10;
(3) Is recycled, without
prior storage or accumulation, only in an on-site process subject to regulation
under § 261.6(c)(2);
(4) Is
used oil managed under the requirements of § 261.6(a)(4) and section
279;
(5) Is spent lead-acid
batteries managed under the requirements of section 266 subsection G;
(6) Is universal waste managed under §
261.9 and section 273;
(7) Is a
hazardous waste that is an unused commercial chemical product (listed in
section 261 subsection D or exhibiting one or more characteristics in section
261 subsectiont C) that is generated solely as a result of a laboratory
clean-out conducted at an eligible academic entity pursuant to § 262.213.
For purposes of this provision, the term eligible academic entity shall have
the meaning as defined in §262.200; or
(8) Is managed as part of an episodic event
in compliance with the conditions of subsection L of this part.
(d) In determining the quantity of
hazardous waste generated in a calendar month, a generator need not include:
(1) Hazardous waste when it is removed from
on-site accumulation, so long as the hazardous waste was previously counted
once;
(2) Hazardous waste generated
by on-site treatment (including reclamation) of the generator's hazardous
waste, so long as the hazardous waste that is treated was previously counted
once; and
(3) Hazardous waste spent
materials that are generated, reclaimed, and subsequently reused on site, so
long as such spent materials have been previously counted once.
(e) Based on the generator
category as determined under this section, the generator must meet the
applicable independent requirements listed in §262.10. A generator's
category also determines which of the provisions of §§262.14, 262.15,
262.16 or 262.17 must be met to obtain an exemption from the storage facility
permit, interim status, and operating requirements when accumulating hazardous
waste.
(f) Mixing hazardous wastes
with solid wastes-
(1) Very small quantity
generator wastes.
(i) Hazardous wastes
generated by a very small quantity generator may be mixed with solid wastes.
Very small quantity generators may mix a portion or all of its hazardous waste
with solid waste and remain subject to §262.14 even though the resultant
mixture exceeds the quantity limits identified in the definition of very small
quantity generator at §260.10 of this chapter, unless the mixture exhibits
one or more of the characteristics of hazardous waste identified in section 261
subsection C of this chapter.
(ii)
If the resulting mixture exhibits a characteristic of hazardous waste, this
resultant mixture is a newly-generated hazardous waste. The very small quantity
generator must count both the resultant mixture amount plus the other hazardous
waste generated in the calendar month to determine whether the total quantity
exceeds the very small quantity generator calendar month quantity limits
identified in the definition of generator categories found in §260.10 of
this chapter. If so, to remain exempt from the permitting, interim status, and
operating standards, the very small quantity generator must meet the conditions
for exemption applicable to either a small quantity generator or a large
quantity generator. The very small quantity generator must also comply with the
applicable independent requirements for either a small quantity generator or a
large quantity generator.
(iii) If
a very small quantity generator's wastes are mixed with used oil, the mixture
is subject to section 279. Any material produced from such a mixture by
processing, blending, or other treatment is also regulated under section 279.
(2) Small quantity
generator and large quantity generator wastes.
(i) Hazardous wastes generated by a small
quantity generator or large quantity generator may be mixed with solid waste.
These mixtures are subject to the following: the mixture rule in
§§261.3(a)(2)(iv), (b)(2) and (3), and (g)(2)(i); the prohibition of
dilution rule at §268.3(a); the land disposal restriction requirements of
§268.40 if a characteristic hazardous waste is mixed with a solid waste so
that it no longer exhibits the hazardous characteristic; and the hazardous
waste determination requirement at §262.11.
(ii) If the resulting mixture is found to be
a hazardous waste, this resultant mixture is a newly-generated hazardous waste.
A small quantity generator must count both the resultant mixture amount plus
the other hazardous waste generated in the calendar month to determine whether
the total quantity exceeds the small quantity generator calendar monthly
quantity limits identified in the definition of generator categories found in
§260.10 of this chapter. If so, to remain exempt from the permitting,
interim status, and operating standards, the small quantity generator must meet
the conditions for exemption applicable to a large quantity generator. The
small quantity generator must also comply with the applicable independent
requirements for a large quantity generator.
§ 262.14
Conditions for exemption for a very small quantity generator
(a) Provided that the very small quantity
generator meets all the conditions for exemption listed in this section,
hazardous waste generated by the very small quantity generator is not subject
to the requirements of 40 CFR part 124, and sections 262 (except
§§262.10-262.14) through 268, and 270 of this rule, and the
notification requirements of section 3010 of RCRA and the very small quantity
generator may accumulate hazardous waste on site without complying with such
requirements. The conditions for exemption are as follows:
(1) In a calendar month the very small
quantity generator generates less than or equal to the amounts specified in the
definition of "very small quantity generator" in §260.10 of this
chapter;
(2) The very small
quantity generator complies with §262.11(a) through (d);
(3) If the very small quantity generator
accumulates at any time greater than 1 kilogram (2.2 lbs) of acute hazardous
waste or 100 kilograms (220 lbs) of any residue or contaminated soil, water, or
other debris resulting from the cleanup of a spill, into or on any land or
water, of any acute hazardous waste listed in §§261.31 or 261.33(e)
of this chapter, all quantities of that acute hazardous waste are subject to
the following additional conditions for exemption:
(i) Such waste is held on site for no more
than 90 days beginning on the date when the accumulated wastes exceed the
amounts provided above; and
(ii)
The conditions for exemption in §262.17(a) through (g).
(4) If the very small quantity
generator accumulates at any time 1,000 kilograms (2,200 lbs) or greater of
non-acute hazardous waste, all quantities of that hazardous waste are subject
to the following additional conditions for exemption:
(i) Such waste is held on site for no more
than 180 days, or 270 days, if applicable, beginning on the date when the
accumulated waste exceed the amounts provided above;
(ii) The quantity of waste accumulated on
site never exceeds 6,000 kilograms (13,200 lbs); and
(iii) The conditions for exemption in
§262.16(b)(2) through (f).
(5) A very small quantity generator that
accumulates hazardous waste in amounts less than or equal to the limits in
paragraphs (a)(3) and (4) of this section must either treat or dispose of its
hazardous waste in an on-site facility or ensure delivery to an off-site
treatment, storage, or disposal facility, either of which, if located in the
U.S., is:
(i) Permitted under section 270 of
this rule;
(ii) In interim status
under sections 265 and 270 of this rule;
(iii) Authorized to manage hazardous waste by
a state with a hazardous waste management program approved under section 271 of
this rule;
(iv) Permitted,
licensed, or registered by a state to manage municipal solid waste and, if
managed in a municipal solid waste landfill is subject to 40 CFR part 258 and
APC&EC Rule No. 22;
(v)
Permitted, licensed, or registered by a state to manage non-municipal
non-hazardous waste and, if managed in a non-municipal non-hazardous waste
disposal unit, is subject to the requirements in 40 CFR parts 257.5 through
257.30 and APC&EC Regualtion No. 22;
(vi) A facility which:
(A) Beneficially uses or reuses, or
legitimately recycles or reclaims its waste; or
(B) Treats its waste prior to beneficial use
or reuse, or legitimate recycling or reclamation;
(vii) For universal waste managed under
section 273 of this rule, a universal waste handler or destination facility
subject to the requirements of section 273 of this rule;
(viii) A large quantity generator under the
control of the same person as the very small quantity generator, provided the
following conditions are met:
(A) The very
small quantity generator and the large quantity generator are under the control
of the same person as defined in §260.10 of this chapter. "Control," for
the purposes of this section, means the power to direct the policies of the
generator, whether by the ownership of stock, voting rights, or otherwise,
except that contractors who operate generator facilities on behalf of a
different person as defined in §260.10 of this chapter shall not be deemed
to "control" such generators.
(B)
The very small quantity generator marks its container(s) of hazardous waste
with:
(1) The words "Hazardous Waste"
and
(2) An indication of the
hazards of the contents (examples include, but are not limited to, the
applicable hazardous waste characteristic(s) (i.e., ignitable,
corrosive, reactive, toxic); hazard communication consistent with the
Department of Transportation requirements at 49 CFR part 172 subpart E
(labeling) or subpart F (placarding); a hazard statement or pictogram
consistent with the Occupational Safety and Health Administration Hazard
Communication Standard at
29 CFR
1910.1200; or a chemical hazard label
consistent with the National Fire Protection Association code 704).
(b)
The placement of bulk or non-containerized liquid hazardous waste or hazardous
waste containing free liquids (whether or not sorbents have been added) in any
landfill is prohibited.
(c) A very
small quantity generator experiencing an episodic event may generate and
accumulate hazardous waste in accordance with subsection L of this section in
lieu of §§262.15, 262.16, and 262.17.
§ 262.15
Satellite accumulation
area rules for small and large quantity generators
(a) A generator may accumulate as much as 55
gallons of non-acute hazardous waste and/or either one quart of liquid acute
hazardous waste listed in §261.31 or §261.33(e) of this chapter or 1
kg (2.2 lbs) of solid acute hazardous waste listed in §261.31 or
§261.33(e) of this chapter in containers at or near any point of
generation where wastes initially accumulate which is under the control of the
operator of the process generating the waste, without a permit or interim
status and without complying with the requirements of 40 CFR part 124, and
sections 264 through 267, and 270 of this rule, provided that all of the
conditions for exemption in this section are met. A generator may comply with
the conditions for exemption in this section instead of complying with the
conditions for exemption in §262.16(b) or §262.17(a), except as
required in §262.15(a)(7) and (8). The conditions for exemption for
satellite accumulation are:
(1) If a
container holding hazardous waste is not in good condition, or if it begins to
leak, the generator must immediately transfer the hazardous waste from this
container to a container that is in good condition and does not leak, or
immediately transfer and manage the waste in a central accumulation area
operated in compliance with §262.16(b) or §262.17(a).
(2) The generator must use a container made
of or lined with materials that will not react with, and are otherwise
compatible with, the hazardous waste to be accumulated, so that the ability of
the container to contain the waste is not impaired.
(3) Special standards for incompatible
wastes.
(i) Incompatible wastes, or
incompatible wastes and materials, (see appendix V of section 265 for examples)
must not be placed in the same container, unless §265.17(b) of this
chapter is complied with.
(ii)
Hazardous waste must not be placed in an unwashed container that previously
held an incompatible waste or material (see appendix V of section 265 for
examples), unless §265.17(b) of this chapter is complied with.
(iii) A container holding a hazardous waste
that is incompatible with any waste or other materials accumulated nearby in
other containers must be separated from the other materials or protected from
them by any practical means.
(4) A container holding hazardous waste must
be closed at all times during accumulation, except:
(i) When adding, removing, or consolidating
waste; or
(ii) When temporary
venting of a container is necessary
(A) For
the proper operation of equipment, or
(B) To prevent dangerous situations, such as
build-up of extreme pressure.
(5) A generator must mark or label its
container with the following:
(i) The words
"Hazardous Waste" and
(ii) An
indication of the hazards of the contents (examples include, but are not
limited to, the applicable hazardous waste characteristic(s) (i.e.,
ignitable, corrosive, reactive, toxic); hazard communication
consistent with the Department of Transportation requirements at 49 CFR part
172 subpart E (labeling) or subpart F (placarding); a hazard statement or
pictogram consistent with the Occupational Safety and Health Administration
Hazard Communication Standard at
29 CFR
1910.1200; or a chemical hazard label
consistent with the National Fire Protection Association code 704).
(6) A generator who accumulates
either acute hazardous waste listed in §261.31 or §261.33(e) of this
chapter or non-acute hazardous waste in excess of the amounts listed in
paragraph (a) of this section at or near any point of generation must do the
following:
(i) Comply within three
consecutive calendar days with the applicable central accumulation area rules
in §262.16(b) or §262.17(a), or
(ii) Remove the excess from the satellite
accumulation area within three consecutive calendar days to either:
(A) A central accumulation area operated in
accordance with the applicable rules in §262.16(b) or
§262.17(a);
(B) An on-site
interim status or permitted treatment, storage, or disposal facility,
or
(C) An off-site designated
facility; and
(iii)
During the three-consecutive-calendar-day period the generator must continue to
comply with paragraphs (a)(1) through (5) of this section. The generator must
mark or label the container(s) holding the excess accumulation of hazardous
waste with the date the excess amount began accumulating.
(7) All satellite accumulation areas operated
by a small quantity generator must meet the preparedness and prevention rules
of §262.16(b)(8) and emergency procedures at §262.16(b)(9).
(8) All satellite accumulation areas operated
by a large quantity generator must meet the Preparedness, Prevention and
Emergency Procedures in subsection M of this part.
(b) [Reserved]
§ 262.16
Conditions for exemption
for a small quantity generator that accumulates hazardous waste
A small quantity generator may accumulate hazardous waste on site without a permit or interim status, and without complying with the requirements of 40 CFR part 124, and sections 264 through 267, and 270 of this rule, or the notification requirements of section 3010 of RCRA, provided that all the conditions for exemption listed in this section are met:
(a) Generation. The generator generates in a
calendar month no more than the amounts specified in the definition of "small
quantity generator" in §260.10 of this chapter.
(b) Accumulation. The generator accumulates
hazardous waste on site for no more than 180 days, unless in compliance with
the conditions for exemption for longer accumulation in paragraphs (d) and (e)
of this section. The following accumulation conditions also apply:
(1) Accumulation limit. The quantity of
hazardous waste accumulated on site never exceeds 6,000 kilograms (13,200
pounds);
(2) Accumulation of
hazardous waste in containers-
(i) Condition
of containers. If a container holding hazardous waste is not
in good condition, or if it begins to leak, the small quantity generator must
immediately transfer the hazardous waste from this container to a container
that is in good condition, or immediately manage the waste in some other way
that complies with the conditions for exemption of this section.
(ii) Compatibility of waste with container.
The small quantity generator must use a container made of or lined with
materials that will not react with, and are otherwise compatible with, the
hazardous waste to be accumulated, so that the ability of the container to
contain the waste is not impaired.
(iii) Management of containers.
(A) A container holding hazardous waste must
always be closed during accumulation, except when it is necessary to add or
remove waste.
(B) A container
holding hazardous waste must not be opened, handled, or accumulated in a manner
that may rupture the container or cause it to leak.
(iv) Inspections. At least weekly, the small
quantity generator must inspect central accumulation areas. The small quantity
generator must look for leaking containers and for deterioration of containers
caused by corrosion or other factors. See paragraph (b)(2)(i) of this section
for remedial action required if deterioration or leaks are detected.
(v) Special conditions for accumulation of
incompatible wastes.
(A) Incompatible wastes,
or incompatible wastes and materials, (see appendix V of section 265 for
examples) must not be placed in the same container, unless §265.17(b) of
this chapter is complied with.
(B)
Hazardous waste must not be placed in an unwashed container that previously
held an incompatible waste or material (see appendix V of part 265 for
examples), unless §265.17(b) of this chapter is complied with.
(C) A container accumulating hazardous waste
that is incompatible with any waste or other materials accumulated or stored
nearby in other containers, piles, open tanks, or surface impoundments must be
separated from the other materials or protected from them by means of a dike,
berm, wall, or other device.
(3) Accumulation of hazardous waste in tanks.
(i) [Reserved]
(ii) A small quantity generator of hazardous
waste must comply with the following general operating conditions:
(A) Treatment or accumulation of hazardous
waste in tanks must comply with §265.17(b) of this chapter.
(B) Hazardous wastes or treatment reagents
must not be placed in a tank if they could cause the tank or its inner liner to
rupture, leak, corrode, or otherwise fail before the end of its intended
life.
(C) Uncovered tanks must be
operated to ensure at least 60 centimeters (2 feet) of freeboard, unless the
tank is equipped with a containment structure (e.g., dike or
trench), a drainage control system, or a diversion structure (e.g.,
standby tank) with a capacity that equals or exceeds the volume of the
top 60 centimeters (2 feet) of the tank.
(D) Where hazardous waste is continuously fed
into a tank, the tank must be equipped with a means to stop this inflow
(e.g., waste feed cutoff system or by-pass system to a
stand-by tank).
(iii)
Except as noted in paragraph (b)(3)(iv) of this section, a small quantity
generator that accumulates hazardous waste in tanks must inspect, where
present:
(A) Discharge control equipment
(e.g., waste feed cutoff systems, by-pass systems, and
drainage systems) at least once each operating day, to ensure that it is in
good working order;
(B) Data
gathered from monitoring equipment (e.g., pressure and
temperature gauges) at least once each operating day to ensure that the tank is
being operated according to its design;
(C) The level of waste in the tank at least
once each operating day to ensure compliance with paragraph (b)(3)(ii)(C) of
this section;
(D) The construction
materials of the tank at least weekly to detect corrosion or leaking of
fixtures or seams; and
(E) The
construction materials of, and the area immediately surrounding, discharge
confinement structures (e.g., dikes) at least weekly to detect
erosion or obvious signs of leakage (e.g., wet spots or dead
vegetation). The generator must remedy any deterioration or malfunction of
equipment or structures which the inspection reveals on a schedule which
ensures that the problem does not lead to an environmental or human health
hazard. Where a hazard is imminent or has already occurred, remedial action
must be taken immediately.
(iv) A small quantity generator accumulating
hazardous waste in tanks or tank systems that have full secondary containment
and that either use leak detection equipment to alert personnel to leaks, or
implement established workplace practices to ensure leaks are promptly
identified, must inspect at least weekly, where applicable, the areas
identified in paragraphs (b)(3)(iii)(A) through (E) of this section. Use of the
alternate inspection schedule must be documented in the generator's operating
record. This documentation must include a description of the established
workplace practices at the generator.
(v) [Reserved]
(vi) A small quantity generator accumulating
hazardous waste in tanks must, upon closure of the facility, remove all
hazardous waste from tanks, discharge control equipment, and discharge
confinement structures. At closure, as throughout the operating period, unless
the small quantity generator can demonstrate, in accordance with §261.3(c)
or (d) of this chapter, that any solid waste removed from its tank is not a
hazardous waste, then it must manage such waste in accordance with all
applicable provisions of sections 262, 263, 265 and 268 of this rule.
(vii) A small quantity generator must comply
with the following special conditions for accumulation of ignitable or reactive
waste:
(A) Ignitable or reactive waste must
not be placed in a tank, unless:
(1) The waste
is treated, rendered, or mixed before or immediately after placement in a tank
so that the resulting waste, mixture, or dissolution of material no longer
meets the definition of ignitable or reactive waste under §261.21 or
§261.23 of this rule and §265.17(b) of this rule is complied with;
or
(2) The waste is accumulated or
treated in such a way that it is protected from any material or conditions that
may cause the waste to ignite or react; or
(3) The tank is used solely for
emergencies.
(B) A small
quantity generator which treats or accumulates ignitable or reactive waste in
covered tanks must comply with the buffer zone requirements for tanks contained
in Tables 2-1 through 2-6 of the National Fire Protection Association's
"Flammable and Combustible Liquids Code" (1977 or 1981) (incorporated by
reference, see §260.11).
(C) A
small quantity generator must comply with the following special conditions for
incompatible wastes:
(1) Incompatible wastes,
or incompatible wastes and materials, (see section 265 appendix V for examples)
must not be placed in the same tank, unless §265.17(b) of this rule is
complied with.
(2) Hazardous waste
must not be placed in an unwashed tank that previously held an incompatible
waste or material, unless §265.17(b) of this rule is complied
with.
(4) Accumulation of hazardous
waste on drip pads. If the waste is placed on drip pads, the small quantity
generator must comply with the following:
(i)
Subsection W of section 265 (except §265.445 (c));
(ii) The small quantity generator must remove
all wastes from the drip pad at least once every 90 days. Any hazardous wastes
that are removed from the drip pad at least once every 90 days are then subject
to the 180-day accumulation limit in paragraph (b) of this section and
§262.15 if hazardous wastes are being managed in satellite accumulation
areas prior to being moved to the central accumulation area; and
(iii) The small quantity generator must
maintain on site at the facility the following records readily available for
inspection:
(A) A written description of
procedures that are followed to ensure that all wastes are removed from the
drip pad and associated collection system at least once every 90 days;
and
(B) Documentation of each waste
removal, including the quantity of waste removed from the drip pad and the sump
or collection system and the date and time of removal.
(5) Accumulation of hazardous
waste in containment buildings. If the waste is placed in containment
buildings, the small quantity generator must comply with of section 265
subsection DD. The generator must label its containment buildings with the
words "Hazardous Waste" in a conspicuous place easily visible to employees,
visitors, emergency responders, waste handlers, or other persons on site and
also in a conspicuous place provide an indication of the hazards of the
contents (examples include, but are not limited to, the applicable hazardous
waste characteristic(s) (i.e., ignitable, corrosive, reactive,
toxic); hazard communication consistent with the Department of Transportation
requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding);
a hazard statement or pictogram consistent with the Occupational Safety and
Health Administration Hazard Communication Standard at
29 CFR
1910.1200; or a chemical hazard label
consistent with the National Fire Protection Association code 704).The
generator must also maintain:
(i) The
professional engineer certification that the building complies with the design
standards specified in § 265.1101. This certification must be in the
generator's files prior to operation of the unit; and
(ii) The following records by use of
inventory logs, monitoring equipment, or any other effective means:
(A) A written description of procedures to
ensure that each waste volume remains in the unit for no more than 90 days, a
written description of the waste generation and management practices for the
facility showing that the generator is consistent with maintaining the 90 day
limit, and documentation that the procedures are complied with; or
(B) Documentation that the unit is emptied at
least once every 90 days.
(C)
Inventory logs or records with the above information must be maintained on site
and readily available for inspection.
(6) Labeling and marking of containers and
tanks-.
(i) Containers. A small quantity
generator must mark or label its containers with the following:
(A) The words "Hazardous Waste";
(B) An indication of the hazards of the
contents (examples include, but are not limited to, the applicable hazardous
waste characteristic(s) (i.e., ignitable, corrosive, reactive,
toxic); hazard communication consistent with the Department of Transportation
requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding);
a hazard statement or pictogram consistent with the Occupational Safety and
Health Administration Hazard Communication Standard at
29 CFR
1910.1200; or a chemical hazard label
consistent with the National Fire Protection Association code 704);
and
(C) The date upon which each
period of accumulation begins clearly visible for inspection on each
container.
(ii) Tanks. A
small quantity generator accumulating hazardous waste in tanks must do the
following:
(A) Mark or label its tanks with
the words "Hazardous Waste";
(B)
Mark or label its tanks with an indication of the hazards of the contents
(examples include, but are not limited to, the applicable hazardous waste
characteristic(s) (i.e., ignitable, corrosive, reactive,
toxic); hazard communication consistent with the Department of Transportation
requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding);
a hazard statement or pictogram consistent with the Occupational Safety and
Health Administration Hazard Communication Standard at
29 CFR
1910.1200; or a chemical hazard label
consistent with the National Fire Protection Association code 704);
(C) Use inventory logs, monitoring equipment,
or other records to demonstrate that hazardous waste has been emptied within
180 days of first entering the tank if using a batch process, or in the case of
a tank with a continuous flow process, demonstrate that estimated volumes of
hazardous waste entering the tank daily exit the tank within 180 days of first
entering; and
(D) Keep inventory
logs or records with the above information on site and readily available for
inspection.
(7) Land disposal restrictions. A small
quantity generator must comply with all the applicable requirements under
section 268.
(8) Preparedness and
prevention-
(i) Maintenance and operation of
facility. A small quantity generator must maintain and operate its facility to
minimize the possibility of a fire, explosion, or any unplanned sudden or
non-sudden release of hazardous waste or hazardous waste constituents to air,
soil, or surface water which could threaten human health or the
environment.
(ii) Required
equipment. All areas where hazardous waste is either generated
or accumulated must be equipped with the items in paragraphs (b)(8)(ii)(A)
through (D) of this section (unless none of the hazards posed
by waste handled at the facility could require a particular kind of equipment
specified below or the actual waste generation or accumulation area does not
lend itself for safety reasons to have a particular kind of equipment specified
below). A small quantity generator may determine the most appropriate locations
to locate equipment necessary to prepare for and respond to emergencies.
(A) An internal communications or alarm
system capable of providing immediate emergency instruction (voice or signal)
to facility personnel;
(B) A
device, such as a telephone (immediately available at the scene of operations)
or a hand-held two-way radio, capable of summoning emergency assistance from
local police departments, fire departments, or State or local emergency
response teams;
(C) Portable fire
extinguishers, fire control equipment (including special extinguishing
equipment, such as that using foam, inert gas, or dry chemicals), spill control
equipment, and decontamination equipment; and
(D) Water at adequate volume and pressure to
supply water hose streams, or foam producing equipment, or automatic
sprinklers, or water spray systems.
(iii) Testing and maintenance of equipment.
All communications or alarm systems, fire protection equipment, spill control
equipment, and decontamination equipment, where required, must be tested and
maintained as necessary to assure its proper operation in time of
emergency.
(iv) Access to
communications or alarm system.
(A) Whenever
hazardous waste is being poured, mixed, spread, or otherwise handled, all
personnel involved in the operation must have immediate access (e.g.,
direct or unimpeded access) to an internal alarm or emergency
communication device, either directly or through visual or voice contact with
another employee, unless such a device is not required under
paragraph (a)(8)(ii) of this section.
(B) In the event there is just one employee
on the premises while the facility is operating, the employee must have
immediate access (e.g., direct or unimpeded access) to a
device, such as a telephone (immediately available at the scene of operation)
or a hand-held two-way radio, capable of summoning external emergency
assistance, unless such a device is not required under
paragraph (a)(8)(ii) of this section.
(v) Required aisle space. The small quantity
generator must maintain aisle space to allow the unobstructed movement of
personnel, fire protection equipment, spill control equipment, and
decontamination equipment to any area of facility operation in an emergency,
unless aisle space is not needed for any of these purposes.
(vi) Arrangements with local authorities.
(A) The small quantity generator must attempt
to make arrangements with the local police department, fire department, other
emergency response teams, emergency response contractors, equipment suppliers
and local hospitals, taking into account the types and quantities of hazardous
wastes handled at the facility. Arrangements may be made with the Local
Emergency Planning Committee, if it is determined to be the appropriate
organization with which to make arrangements.
(1) A small quantity generator attempting to
make arrangements with its local fire department must determine the potential
need for the services of the local police department, other emergency response
teams, emergency response contractors, equipment suppliers and local
hospitals.
(2) As part of this
coordination, the small quantity generator shall attempt to make arrangements,
as necessary, to familiarize the above organizations with the layout of the
facility, the properties of hazardous waste handled at the facility and
associated hazards, places where facility personnel would normally be working,
entrances to roads inside the facility, and possible evacuation routes as well
as the types of injuries or illnesses that could result from fires, explosions,
or releases at the facility.
(3)
Where more than one police or fire department might respond to an emergency,
the small quantity generator shall attempt to make arrangements designating
primary emergency authority to a specific fire or police department, and
arrangements with any others to provide support to the primary emergency
authority.
(B) A small
quantity generator shall maintain records documenting the arrangements with the
local fire department as well as any other organization necessary to respond to
an emergency. This documentation must include documentation in the operating
record that either confirms such arrangements actively exist or, in cases where
no arrangements exist, confirms that attempts to make such arrangements were
made.
(C) A facility possessing
24-hour response capabilities may seek a waiver from the authority having
jurisdiction (AHJ) over the fire code within the facility's state or locality
as far as needing to make arrangements with the local fire department as well
as any other organization necessary to respond to an emergency, provided that
the waiver is documented in the operating record.
(9) Emergency procedures. The
small quantity generator complies with the following conditions for those areas
of the generator facility where hazardous waste is generated and accumulated:
(i) At all times there must be at least one
employee either on the premises or on call (i.e., available to
respond to an emergency by reaching the facility within a short period of time)
with the responsibility for coordinating all emergency response measures
specified in paragraph (b)(9)(iv) of this section. This employee is the
emergency coordinator.
(ii) The
small quantity generator must post the following information next to telephones
or in areas directly involved in the generation and accumulation of hazardous
waste:
(A) The name and emergency telephone
number of the emergency coordinator;
(B) Location of fire extinguishers and spill
control material, and, if present, fire alarm; and
(C) The telephone number of the fire
department, unless the facility has a direct alarm.
(iii) The small quantity generator must
ensure that all employees are thoroughly familiar with proper waste handling
and emergency procedures, relevant to their responsibilities during normal
facility operations and emergencies;
(iv) The emergency coordinator or his
designee must respond to any emergencies that arise. The applicable responses
are as follows:
(A) In the event of a fire,
call the fire department or attempt to extinguish it using a fire
extinguisher;
(B) In the event of a
spill, the small quantity generator is responsible for containing the flow of
hazardous waste to the extent possible, and as soon as is practicable, cleaning
up the hazardous waste and any contaminated materials or soil. Such containment
and cleanup can be conducted either by the small quantity generator or by a
contractor on behalf of the small quantity generator;
(C) In the event of a fire, explosion, or
other release that could threaten human health outside the facility or when the
small quantity generator has knowledge that a spill has reached surface water,
the small quantity generator must immediately notify the National Response
Center (using their 24-hour toll free number 800/424-8802). The report must
include the following information:
(1) The
name, address, and U.S. EPA identification number of the small quantity
generator;
(2) Date, time, and type
of incident (e.g., spill or fire);
(3) Quantity and type of hazardous waste
involved in the incident;
(4)
Extent of injuries, if any; and
(5)
Estimated quantity and disposition of recovered materials, if any.
(c) Transporting over 200 miles. A small
quantity generator who must transport its waste, or offer its waste for
transportation, over a distance of 200 miles or more for off-site treatment,
storage or disposal may accumulate hazardous waste on site for 270 days or less
without a permit or without having interim status provided that the generator
complies with the conditions of paragraph (b) of this section.
(d) Accumulation time limit extension. A
small quantity generator who accumulates hazardous waste for more than 180 days
(or for more than 270 days if it must transport its waste, or offer its waste
for transportation, over a distance of 200 miles or more) is subject to the
requirements of sections 264, 265, 267, 268, and 270 of this rule unless it has
been granted an extension to the 180-day (or 270-day if applicable) period.
Such extension may be granted by the Director if hazardous wastes must remain
on site for longer than 180 days (or 270 days if applicable) due to unforeseen,
temporary, and uncontrollable circumstances. An extension of up to 30 days may
be granted at the discretion of the Director on a case-by-case basis.
(e) Rejected load. A small quantity generator
who sends a shipment of hazardous waste to a designated facility with the
understanding that the designated facility can accept and manage the waste and
later receives that shipment back as a rejected load or residue in accordance
with the manifest discrepancy provisions of §264.72 or §265.72 of
this chapter may accumulate the returned waste on site in accordance with
paragraphs (a)-(d) of this section. Upon receipt of the returned shipment, the
generator must:
(1) Sign Item 18c of the
manifest, if the transporter returned the shipment using the original manifest;
or
(2) Sign Item 20 of the
manifest, if the transporter returned the shipment using a new
manifest.
(f) A small
quantity generator experiencing an episodic event may accumulate hazardous
waste in accordance with subsection L of this section in lieu of
§262.17.
§
262.17
Conditions for exemption for a large quantity
generator that accumulates hazardous waste
A large quantity generator may accumulate hazardous waste on site without a permit or interim status, and without complying with the requirements of 40 CFR part124, and sections 264 through 267, and 270 of this rule, or the notification requirements of section 3010 of RCRA, provided that all of the following conditions for exemption are met:
(a) Accumulation. A large quantity generator
accumulates hazardous waste on site for no more than 90 days, unless in
compliance with the accumulation time limit extension or F006 accumulation
conditions for exemption in paragraphs (b) through (e) of this section. The
following accumulation conditions also apply:
(1) Accumulation of hazardous waste in
containers. If the hazardous waste is placed in containers, the large quantity
generator must comply with the following:
(i)
Air emission standards. The applicable requirements of subsections AA, BB, and
CC of section 265;
(ii) Condition
of containers. If a container holding hazardous waste is not in good condition,
or if it begins to leak, the large quantity generator must immediately transfer
the hazardous waste from this container to a container that is in good
condition, or immediately manage the waste in some other way that complies with
the conditions for exemption of this section;
(iii) Compatibility of waste with container.
The large quantity generator must use a container made of or lined with
materials that will not react with, and are otherwise compatible with, the
hazardous waste to be stored, so that the ability of the container to contain
the waste is not impaired;
(iv)
Management of containers.
(A) A container
holding hazardous waste must always be closed during accumulation, except when
it is necessary to add or remove waste.
(B) A container holding hazardous waste must
not be opened, handled, or stored in a manner that may rupture the container or
cause it to leak.
(v)
Inspections. At least weekly, the large quantity generator must inspect central
accumulation areas. The large quantity generator must look for leaking
containers and for deterioration of containers caused by corrosion or other
factors. See paragraph (a)(1)(ii) of this section for remedial action required
if deterioration or leaks are detected.
(vi) Special conditions for accumulation of
ignitable and reactive wastes.
(A) Containers
holding ignitable or reactive waste must be located at least 15 meters (50
feet) from the facility's property line unless a written approval is obtained
from the authority having jurisdiction over the local fire code allowing
hazardous waste accumulation to occur within this restricted area. A record of
the written approval must be maintained as long as ignitable or reactive
hazardous waste is accumulated in this area.
(B) The large quantity generator must take
precautions to prevent accidental ignition or reaction of ignitable or reactive
waste. This waste must be separated and protected from sources of ignition or
reaction including but not limited to the following: Open flames, smoking,
cutting and welding, hot surfaces, frictional heat, sparks (static, electrical,
or mechanical), spontaneous ignition (e.g., from heat-producing chemical
reactions), and radiant heat. While ignitable or reactive waste is being
handled, the large quantity generator must confine smoking and open flame to
specially designated locations. "No Smoking" signs must be conspicuously placed
wherever there is a hazard from ignitable or reactive waste.
(vii) Special conditions for
accumulation of incompatible wastes.
(A)
Incompatible wastes, or incompatible wastes and materials, (see appendix V of
section 265 for examples) must not be placed in the same container, unless
§265.17(b) of this regualtion is complied with.
(B) Hazardous waste must not be placed in an
unwashed container that previously held an incompatible waste or material (see
appendix V of section 265 for examples), unless §265.17(b) of this rule is
complied with.
(C) A container
holding a hazardous waste that is incompatible with any waste or other
materials accumulated or stored nearby in other containers, piles, open tanks,
or surface impoundments must be separated from the other materials or protected
from them by means of a dike, berm, wall, or other device.
(2) Accumulation of hazardous
waste in tanks. If the waste is placed in tanks, the large quantity generator
must comply with the applicable requirements of subsections J, except
§265.197(c) of Closure and post-closure care and §265.200-Waste
analysis and trial tests, as well as the applicable requirements of AA, BB, and
CC of section 265.
(3) Accumulation
of hazardous waste on drip pads. If the hazardous waste is placed on drip pads,
the large quantity generator must comply with the following:
(i) Subsection W of section 265;
(ii) The large quantity generator must remove
all wastes from the drip pad at least once every 90 days. Any hazardous wastes
that are removed from the drip pad are then subject to the 90-day accumulation
limit in paragraph (a) of this section and §262.15, if the hazardous
wastes are being managed in satellite accumulation areas prior to being moved
to a central accumulation area; and
(iii) The large quantity generator must
maintain on site at the facility the following records readily available for
inspection:
(A) A written description of
procedures that are followed to ensure that all wastes are removed from the
drip pad and associated collection system at least once every 90 days;
and
(B) Documentation of each waste
removal, including the quantity of waste removed from the drip pad and the sump
or collection system and the date and time of removal.
(4) Accumulation of hazardous
waste in containment buildings. If the waste is placed in containment
buildings, the large quantity generator must comply with of section 265
subsection DD. The generator must label its containment building with the words
"Hazardous Waste" in a conspicuous place easily visible to employees, visitors,
emergency responders, waste handlers, or other persons on site, and also in a
conspicuous place provide an indication of the hazards of the contents
(examples include, but are not limited to, the applicable hazardous waste
characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard
communication consistent with the Department of Transportation requirements at
49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard
statement or pictogram consistent with the Occupational Safety and Health
Administration Hazard Communication Standard at
29 CFR
1910.1200; or a chemical hazard label
consistent with the National Fire Protection Association code 704). The
generator must also maintain:
(i) The
professional engineer certification that the building complies with the design
standards specified in § 265.1101. This certification must be in the
generator's files prior to operation of the unit; and
(ii) The following records by use of
inventory logs, monitoring equipment, or any other effective means:
(A) A written description of procedures to
ensure that each waste volume remains in the unit for no more than 90 days, a
written description of the waste generation and management practices for the
facility showing that the generator is consistent with respecting the 90 day
limit, and documentation that the procedures are complied with; or
(B) Documentation that the unit is emptied at
least once every 90 days.
(C)
Inventory logs or records with the above information must be maintained on site
and readily available for inspection.
(5) Labeling and marking of containers and
tanks-
(i) Containers. A large quantity
generator must mark or label its containers with the following:
(A) The words "Hazardous Waste";
(B) An indication of the hazards of the
contents (examples include, but are not limited to, the applicable hazardous
waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard
communication consistent with the Department of Transportation requirements at
49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard
statement or pictogram consistent with the Occupational Safety and Health
Administration Hazard Communication Standard at
29 CFR
1910.1200; or a chemical hazard label
consistent with the National Fire Protection Association code 704);
and
(C) The date upon which each
period of accumulation begins clearly visible for inspection on each
container.
(ii) Tanks. A
large quantity generator accumulating hazardous waste in tanks must do the
following:
(A) Mark or label its tanks with
the words "Hazardous Waste";
(B)
Mark or label its tanks with an indication of the hazards of the contents
(examples include, but are not limited to, the applicable hazardous waste
characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard
communication consistent with the Department of Transportation requirements at
49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard
statement or pictogram consistent with the Occupational Safety and Health
Administration Hazard Communication Standard at
29 CFR
1910.1200; or a chemical hazard label
consistent with the National Fire Protection Association code 704);
(C) Use inventory logs, monitoring equipment
or other records to demonstrate that hazardous waste has been emptied within 90
days of first entering the tank if using a batch process, or in the case of a
tank with a continuous flow process, demonstrate that estimated volumes of
hazardous waste entering the tank daily exit the tank within 90 days of first
entering; and
(D) Keep inventory
logs or records with the above information on site and readily available for
inspection.
(6) Emergency procedures. The large quantity
generator complies with the standards in subsection M of this section,
Preparedness, Prevention and Emergency Procedures for Large Quantity
Generators.
(7) Personnel training.
(i)
(A)
Facility personnel must successfully complete a program of classroom
instruction, online training (e.g., computer-based or electronic), or
on-the-job training that teaches them to perform their duties in a way that
ensures compliance with this part. The large quantity generator must ensure
that this program includes all the elements described in the document required
under paragraph (a)(7)(iv) of this section.
(B) This program must be directed by a person
trained in hazardous waste management procedures, and must include instruction
which teaches facility personnel hazardous waste management procedures
(including contingency plan implementation) relevant to the positions in which
they are employed.
(C) At a
minimum, the training program must be designed to ensure that facility
personnel are able to respond effectively to emergencies by familiarizing them
with emergency procedures, emergency equipment, and emergency systems,
including where applicable:
(1) Procedures
for using, inspecting, repairing, and replacing facility emergency and
monitoring equipment;
(2) Key
parameters for automatic waste feed cut-off systems;
(3) Communications or alarm
systems;
(4) Response to fires or
explosions;
(5) Response to
ground-water contamination incidents; and
(6) Shutdown of operations.
(D) For facility employees that
receive emergency response training pursuant to Occupational Safety and Health
Administration regulations
29 CFR
1910.120(p)(8) and
1910.120(q),
the large quantity generator is not required to provide separate emergency
response training pursuant to this section, provided that the overall facility
training meets all the conditions of exemption in this
section.
(ii) Facility
personnel must successfully complete the program required in paragraph
(a)(7)(i) of this section within six months after the date of their employment
or assignment to the facility, or to a new position at the facility, whichever
is later. Employees must not work in unsupervised positions until they have
completed the training standards of paragraph (a)(7)(i) of this
section.
(iii) Facility personnel
must take part in an annual review of the initial training required in
paragraph (a)(7)(i) of this section.
(iv) The large quantity generator must
maintain the following documents and records at the facility:
(A) The job title for each position at the
facility related to hazardous waste management, and the name of the employee
filling each job;
(B) A written job
description for each position listed under paragraph (a)(7)(iv)(A) of this
section. This description may be consistent in its degree of specificity with
descriptions for other similar positions in the same company location or
bargaining unit, but must include the requisite skill, education, or other
qualifications, and duties of facility personnel assigned to each
position;
(C) A written description
of the type and amount of both introductory and continuing training that will
be given to each person filling a position listed under paragraph (a)(7)(iv)(A)
of this section;
(D) Records that
document that the training or job experience, required under paragraphs
(a)(7)(i), (ii), and (iii) of this section, has been given to, and completed
by, facility personnel.
(v) Training records on current personnel
must be kept until closure of the facility. Training records on former
employees must be kept for at least three years from the date the employee last
worked at the facility. Personnel training records may accompany personnel
transferred within the same company.
(8) Closure. A large quantity generator
accumulating hazardous wastes in containers, tanks, drip pads, and containment
buildings, prior to closing a unit at the facility, or prior to closing the
facility, must meet the following conditions:
(i) Notification for closure of a waste
accumulation unit. A large quantity generator must perform one of the following
when closing a waste accumulation unit:
(A)
Place a notice in the operating record within 30 days after closure identifying
the location of the unit within the facility; or
(B) Meet the closure performance standards of
paragraph (a)(8)(iii) of this section for container, tank, and containment
building waste accumulation units or paragraph (a)(8)(iv) of this section for
drip pads and notify the Director following the procedures in paragraph
(a)(8)(ii)(B) of this section for the waste accumulation unit.
If the waste accumulation unit is subsequently reopened, the generator may remove the notice from the operating record.
(ii) Notification for closure of
the facility.
(A) Notify the Director using
form 8700-12 no later than 30 days prior to closing the facility.
(B) Notify the Director using form 8700-12
within 90 days after closing the facility that it has complied with the closure
performance standards of paragraph (a)(8)(iii) or (iv) of this section. If the
facility cannot meet the closure performance standards of paragraph (a)(8)(iii)
or (iv) of this section, notify the Director using form 8700-12 that it will
close as a landfill under §265.310 of this chapter in the case of a
container, tank or containment building unit(s), or for a facility with drip
pads, notify using form 8700-12 that it will close under the standards of
§265.445(b).
(C) A large
quantity generator may request additional time to clean close, but it must
notify the Director using form 8700-12 within 75 days after the date provided
in paragraph (a)(8)(ii)(A) of this section to request an extension and provide
an explanation as to why the additional time is required.
(iii) Closure performance standards for
container, tank systems, and containment building waste accumulation units.
(A) At closure, the generator must close the
waste accumulation unit or facility in a manner that:
(1) Minimizes the need for further
maintenance by controlling, minimizing, or eliminating, to the extent necessary
to protect human health and the environment, the post-closure escape of
hazardous waste, hazardous constituents, leachate, contaminated run-off, or
hazardous waste decomposition products to the ground or surface waters or to
the atmosphere,
(2) Removes or
decontaminates all contaminated equipment, structures and soil and any
remaining hazardous waste residues from waste accumulation units including
containment system components (pads, liners, etc.), contaminated soils and
subsoils, bases, and structures and equipment contaminated with waste, unless
§261.3(d) of this rule applies.
(3) Any hazardous waste generated in the
process of closing either the generator's facility or unit(s) accumulating
hazardous waste must be managed in accordance with all applicable standards of
sections 262, 263, 265 and 268 of this rule, including removing any hazardous
waste contained in these units within 90 days of generating it and managing
these wastes in a RCRA Subtitle C hazardous waste permitted treatment, storage
and disposal facility or interim status facility.
(4) If the generator demonstrates that any
contaminated soils and wastes cannot be practicably removed or decontaminated
as required in paragraph (a)(8)(ii)(A)(2) of this section, then the waste
accumulation unit is considered to be a landfill and the generator must close
the waste accumulation unit and perform post-closure care in accordance with
the closure and post-closure care requirements that apply to landfills
(§265.310 of this rule). In addition, for the purposes of closure,
post-closure, and financial responsibility, such a waste accumulation unit is
then considered to be a landfill, and the generator must meet all of the
requirements for landfills specified in subsections G and H of section 265 of
this rule.
(iv)
Closure performance standards for drip pad waste accumulation units. At
closure, the generator must comply with the closure requirements of paragraphs
(a)(8)(ii) and (a)(8)(iii)(A)(1) and (3) of this section, and §265.445(a)
and (b) of this rule.
(v) The
closure requirements of paragraph (a)(8) of this section do not apply to
satellite accumulation areas.
(9) Land disposal restrictions. The large
quantity generator complies with all applicable requirements under section
268.
(b) Accumulation
time limit extension. A large quantity generator who accumulates hazardous
waste for more than 90 days is subject to the requirements of 40 CFR part 124,
and sections 264 through 268, and part 270 of this rule, and the notification
requirements of section 3010 of RCRA, unless it has been granted an extension
to the 90-day period. Such extension may be granted by the Director if
hazardous wastes must remain on site for longer than 90 days due to unforeseen,
temporary, and uncontrollable circumstances. An extension of up to 30 days may
be granted at the discretion of the Director on a case-by-case basis.
(c) Accumulation of F006. A large quantity
generator who also generates wastewater treatment sludges from electroplating
operations that meet the listing description for the EPA hazardous waste number
F006, may accumulate F006 waste on site for more than 90 days, but not more
than 180 days without being subject to 40 CFR part 124, and sections 264
through 267 and 270 of this rule, and the notification requirements of section
3010 of RCRA, provided that it complies with all of the following additional
conditions for exemption:
(1) The large
quantity generator has implemented pollution prevention practices that reduce
the amount of any hazardous substances, pollutants, or contaminants entering
F006 or otherwise released to the environment prior to its recycling;
(2) The F006 waste is legitimately recycled
through metals recovery;
(3) No
more than 20,000 kilograms of F006 waste is accumulated on site at any one
time; and
(4) The F006 waste is
managed in accordance with the following:
(i)
(A) If the F006 waste is placed in
containers, the large quantity generator must comply with the applicable
conditions for exemption in paragraph (a)(1) of this section; and/or
(B) If the F006 is placed in tanks, the large
quantity generator must comply with the applicable conditions for exemption of
paragraph (a)(2) of this section; and/or
(C) If the F006 is placed in containment
buildings, the large quantity generator must comply with subsection DD of
section 265, and has placed its professional engineer certification that the
building complies with the design standards specified in § 265.1101 in the
facility's files prior to operation of the unit. The large quantity generator
must maintain the following records:
(1) A
written description of procedures to ensure that the F006 waste remains in the
unit for no more than 180 days, a written description of the waste generation
and management practices for the facility showing that they are consistent with
the 180-day limit, and documentation that the large quantity generator is
complying with the procedures; or
(2) Documentation that the unit is emptied at
least once every 180 days.
(ii) The large quantity generator is exempt
from all the requirements in subsection G and H of section 265, except for
those referenced in paragraph (a)(8) of this section.
(iii) The date upon which each period of
accumulation begins is clearly marked and must be clearly visible for
inspection on each container;
(iv)
While being accumulated on site, each container and tank is labeled or marked
clearly with:
(A) The words "Hazardous
Waste"; and
(B) An indication of
the hazards of the contents (examples include, but are not limited to, the
applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive,
reactive, toxic); hazard communication consistent with the Department of
Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart
F (placarding); a hazard statement or pictogram consistent with the
Occupational Safety and Health Administration Hazard Communication Standard at
29 CFR
1910.1200; or a chemical hazard label
consistent with the National Fire Protection Association code
704).
(v) The large
quantity generator complies with the requirements in paragraphs(a)(6) and (7)
of this section.
(d) F006 transported over 200 miles. A large
quantity generator who also generates wastewater treatment sludges from
electroplating operations that meet the listing description for the EPA
hazardous waste number F006, and who must transport this waste, or offer this
waste for transportation, over a distance of 200 miles or more for off-site
metals recovery, may accumulate F006 waste on site for more than 90 days, but
not more than 270 days without being subject to 40 CFR part 124, and sections
264 through 267, 270, and the notification requirements of section 3010 of
RCRA, if the large quantity generator complies with all of the conditions for
exemption of paragraphs (c)(1) through (4) of this section.
(e) F006 accumulation time extension. A large
quantity generator accumulating F006 in accordance with paragraphs (c) and (d)
of this section who accumulates F006 waste on site for more than 180 days (or
for more than 270 days if the generator must transport this waste, or offer
this waste for transportation, over a distance of 200 miles or more), or who
accumulates more than 20,000 kilograms of F006 waste on site is an operator of
a storage facility and is subject to the requirements of 40 CFR part 124, and
sections 264, 265, 267, and 270 of this rule, and the notification requirements
of section 3010 of RCRA, unless the generator has been granted an extension to
the 180-day (or 270-day if applicable) period or an exception to the 20,000
kilogram accumulation limit. Such extensions and exceptions may be granted by
the Director if F006 waste must remain on site for longer than 180 days (or 270
days if applicable) or if more than 20,000 kilograms of F006 waste must remain
on site due to unforeseen, temporary, and uncontrollable circumstances. An
extension of up to 30 days or an exception to the accumulation limit may be
granted at the discretion of the Director on a case-by-case basis.
(f) Consolidation of hazardous waste received
from very small quantity generators. Large quantity generators may accumulate
on site hazardous waste received from very small quantity generators under
control of the same person (as defined in §260.10 of this chapter),
without a storage permit or interim status and without complying with the
requirements of 40 CFR part 124, and sections 264 through 268, and 270 of this
rule, and the notification requirements of section 3010 of RCRA, provided that
they comply with the following conditions. "Control," for the purposes of this
section, means the power to direct the policies of the generator, whether by
the ownership of stock, voting rights, or otherwise, except that contractors
who operate generator facilities on behalf of a different person shall not be
deemed to "control" such generators.
(1) The
large quantity generator notifies the Director at least thirty (30) days prior
to receiving the first shipment from a very small quantity generator(s) using
EPA Form 8700-12; and
(i) Identifies on the
form the name(s) and site address(es) for the very small quantity generator(s)
as well as the name and business telephone number for a contact person for the
very small quantity generator(s); and
(ii) Submits an updated Site ID form (EPA
Form 8700-12) within 30 days after a change in the name or site address for the
very small quantity generator.
(2) The large quantity generator maintains
records of shipments for three years from the date the hazardous waste was
received from the very small quantity generator. These records must identify
the name, site address, and contact information for the very small quantity
generator and include a description of the hazardous waste received, including
the quantity and the date the waste was received.
(3) The large quantity generator complies
with the independent requirements identified in §262.10(a)(1)(iii) and the
conditions for exemption in this section for all hazardous waste received from
a very small quantity generator. For purposes of the labeling and marking rules
in paragraph (a)(5) of this section, the large quantity generator must label
the container or unit with the date accumulation started (i.e., the date the
hazardous waste was received from the very small quantity generator). If the
large quantity generator is consolidating incoming hazardous waste from a very
small quantity generator with either its own hazardous waste or with hazardous
waste from other very small quantity generators, the large quantity generator
must label each container or unit with the earliest date any hazardous waste in
the container was accumulated on site.
(g) Rejected load. A large quantity generator
who sends a shipment of hazardous waste to a designated facility with the
understanding that the designated facility can accept and manage the waste and
later receives that shipment back as a rejected load or residue in accordance
with the manifest discrepancy provisions of §264.72 or §265.72 of
this rule may accumulate the returned waste on site in accordance with
paragraphs (a) and (b) of this section. Upon receipt of the returned shipment,
the generator must:
(1) Sign Item 18c of the
manifest, if the transporter returned the shipment using the original manifest;
or
(2) Sign Item 20 of the
manifest, if the transporter returned the shipment using a new manifest.
§ 262.18
EPA identification numbers and re-notification for small quantity
generators and large quantity generators
(a) A generator must not treat, store,
dispose of, transport, or offer for transportation, hazardous waste without
having received an EPA identification number from the Director.
(b) A generator who has not received an EPA
identification number must obtain one by applying to the Administrator using
EPA Form 8700-12. Upon receiving the request the Director will assign an EPA
identification number to the generator.
(c) A generator must not offer its hazardous
waste to transporters or to treatment, storage, or disposal facilities that
have not received an EPA identification number.
(1)
A generator may not ship
hazardous waste to a treatment, storage, or disposal facility (TSDF) unless the
TSDF has a valid permit, or has interim status, or is specifically approved to
receive such waste.
(d) Re-notification.
(1) A small quantity generator must re-notify
the Director starting in 2021 and every four years thereafter using EPA Form
8700-12. This re-notification must be submitted by September 1st of each year
in which re-notifications are required.
(2) A large quantity generator must re-notify
the Director by March 1 of each even-numbered year thereafter using EPA Form
8700-12. A large quantity generator may submit this re-notification as part of
its Annual Report required under §262.41.
(e) A recognized trader must not arrange for
import or export of hazardous waste without having received an EPA
identification number from the Director.
§ 262.19
Very Small Quantity
Genenrators, Small Quantity Generators, and Large Quantity Generators
(a)
Generators must use a
transporter that is permitted by the Arkansas Department of Transportation for
the transportation of hazardous waste.
(b)
Very Small Quantity Generators
must manifest hazardous waste in accordance with Section 262 Subsection B of
this rule.
(c)
Very Small Quantity Generators must keep hazardous waste containers closed
except when adding or removing waste.
(d)
Very Small Quantity Generators
must keep hazardous waste containers in good condition. If a hazardous waste
container is not in good condition, or if it begins to leak, the Very Small
Quantity Generator must immediately transfer the hazardous waste from this
container to a container that is in good condition, or immediately manage the
waste in some other way that complies with this requirement.
Subsection B
-- Manifest Requirements Applicable to Small and Large Quantity
Generators
§ 262.20
General
Requirements
(a)
(1) A generator who transports, or offers for
transport a hazardous waste for offsite treatment, storage, or disposal, or a
treatment, storage, and disposal facility who offers for transport a rejected
hazardous waste load, must prepare a Manifest (OMB Control number 2050-0039) on
EPA Form 8700-22, and, if necessary, EPA Form 8700-22A.
(2) The revised manifest form and procedures
in Sections 260.10, 261.7, 262.20, 262.21, 262.27, 262.32, 262.34, 262.54, and
262.60 of this Rule, shall not apply until September 5, 2006. The manifest form
and procedures in Sections 260.10, 261.7, 262.20, 262.21, 262.32, 262.34,
262.54, and 262.60 contained in the 40 CFR, parts 260 to 265, edition revised
as of July 1, 2004, shall be applicable until September 5, 2006.
(3) Electronic Manifest. In lieu of using the
manifest form specified in paragraph (a)(1) of this section, a person required
to prepare a manifest under paragraph (a)(1) of this section may prepare and
use an electronic manifest, provided that the person:
(i) Complies with the requirements in §
262.24 of this part for use of electronic manifests, and
(ii) Complies with the requirements of
40 CFR
§
3.10 for the reporting of electronic
documents to EPA.
(b) A generator must designate on the
manifest one treatment, storage, or disposal facility which is permitted to
handle the waste described on the manifest.
(c) A generator may also designate on the
manifest one alternate facility which is permitted to handle his waste in the
event an emergency prevents delivery of the waste to the primary designated
facility.
(d) If the transporter is
unable to deliver the hazardous waste to the designated facility or the
alternate facility, the generator must either designate another facility or
instruct the transporter to return the waste to the generator.
(e)
[Reserved]
(f) The requirements of this subsection and
§ 262.32(b) do not apply to the transport of hazardous wastes on a public
or private right-of-way within or along the border of contiguous property under
the control of the same person, even if such contiguous property is divided by
a public or private right-of-way. Notwithstanding § 263.10(a), the
generator or transporter must comply with the requirements for transporters set
forth in §§ 263.30 and 263.31 in the event of a discharge of
hazardous waste on a public or private right-of-way.
§ 262.21
Manifest tracking
numbers, manifest printing, and obtaining manifests
(a)
(1) A
registrant may not print, or have printed, the manifest for use or distribution
unless it has received approval from the U.S. EPA Director of the Office of
Solid Waste to do so under paragraphs (c) and (e) of this section.
(2) The approved registrant is responsible
for ensuring that the organizations identified in its application are in
compliance with the procedures of its approved application and the requirements
of this section. The registrant is responsible for assigning manifest tracking
numbers to its manifests.
(b) A registrant must submit an initial
application to the EPA Director of the Office of Solid Waste that contains the
following information:
(1) Name and mailing
address of registrant;
(2) Name,
telephone number and email address of contact person;
(3) Brief description of registrant's
government or business activity;
(4) EPA identification number of the
registrant, if applicable;
(5)
Description of the scope of the operations that the registrant plans to
undertake in printing, distributing, and using its manifests, including:
(i) A description of the printing operation.
The description should include an explanation of whether the registrant intends
to print its manifests in-house (i.e., using its own printing establishments)
or through a separate (i.e., unaffiliated) printing company. If the registrant
intends to use a separate printing company to print the manifest on its behalf,
the application must identify this printing company and discuss how the
registrant will oversee the company. If this includes the use of intermediaries
(e.g., prime and subcontractor relationships), the role of each must be
discussed. The application must provide the name and mailing address of each
company. It also must provide the name and telephone number of the contact
person at each company.
(ii) A
description of how the registrant will ensure that its organization and
unaffiliated companies, if any, comply with the requirements of this section.
The application must discuss how the registrant will ensure that a unique
manifest tracking number will be pre-printed on each manifest. The application
must describe the internal control procedures to be followed by the registrant
and unaffiliated companies to ensure that numbers are tightly controlled and
remain unique. In particular, the application must describe how the registrant
will assign manifest tracking numbers to its manifests. If computer systems or
other infrastructure will be used to maintain, track, or assign numbers, these
should be indicated. The application must also indicate how the printer will
pre-print a unique number on each form (e.g., crash or press numbering). The
application also must explain the other quality procedures to be followed by
each establishment and printing company to ensure that all required print
specifications are consistently achieved and that printing violations are
identified and corrected at the earliest practicable time.
(iii) An indication of whether the registrant
intends to use the manifests for its own business operations or to distribute
the manifests to a separate company or to the general public (e.g., for
purchase).
(6) A brief
description of the qualifications of the company that will print the manifest.
The registrant may use readily available information to do so (e.g., corporate
brochures, product samples, customer references, documentation of ISO
certification), so long as such information pertains to the establishments or
company being proposed to print the manifest.
(7) Proposed unique three-letter manifest
tracking number suffix. If the registrant is approved to print the manifest,
the registrant must use this suffix to pre-print a unique manifest tracking
number on each manifest.
(8) A
signed certification by a duly authorized employee of the registrant that the
organizations and companies in its application will comply with the procedures
of its approved application and the requirements of this Section and that it
will notify the EPA Director of the Office of Solid Waste of any duplicated
manifest tracking numbers on manifests that have been used or distributed to
other parties as soon as this becomes known.
(c) EPA will review the application submitted
under paragraph (b) of this section and either approve it or request additional
information or modification before approving it.
(d)
(1)
Upon EPA approval of the application under paragraph (c) of this section, EPA
will provide the registrant an electronic file of the manifest, continuation
sheet, and manifest instructions and ask the registrant to submit three fully
assembled manifests and continuation sheet samples, except as noted in
paragraph (d)(3) of this section. The registrant's samples must meet all of the
specifications in paragraph (f) of this section and be printed by the company
that will print the manifest as identified in the application approved under
paragraph (c) above.
(2) The
registrant must submit a description of the manifest samples as follows:
(i) Paper type (i.e., manufacturer and grade
of the manifest paper);
(ii) Paper
weight of each copy;
(iii) Ink
color of the manifest's instructions. If screening of the ink was used, the
registrant must indicate the extent of the screening; and
(iv) Method of binding the copies.
(3) The registrant need not submit
samples of the continuation sheet if it will print its continuation sheet using
the same paper type, paper weight of each copy, ink color of the instructions,
and binding method as its manifest form samples.
(e) EPA will evaluate the forms and either
approve the registrant to print them as proposed or request additional
information or modification to them before approval. EPA will notify the
registrant of its decision by mail. The registrant cannot use or distribute its
forms until EPA approves them. An approved registrant must print the manifest
and continuation sheet according to its application approved under paragraph
(c) of this Section and the manifest specifications in paragraph (f) of this
Section. It also must print the forms according to the paper type, paper
weight, ink color of the manifest instructions and binding method of its
approved forms.
(f) Paper manifests
and continuation sheets must be printed according to the following
specifications:
(1) The manifest and
continuation sheet must be printed with the exact format and appearance as EPA
Forms 8700-22 and 8700-22A, respectively. However, information required to
complete the manifest may be pre-printed on the manifest form.
(2) A unique manifest tracking number
assigned in accordance with a numbering system approved by EPA must be
pre-printed in Item 4 of the manifest. The tracking number must consist of a
unique three-letter suffix following nine digits.
(3) The manifest and continuation sheet must
be printed on 8 1/2 x 11-inch white paper, excluding common stubs (e.g.,
top- or side-bound stubs). The paper must be durable enough to withstand normal
use.
(4) The manifest and
continuation sheet must be printed in black ink that can be legibly
photocopied, scanned, or faxed, except that the marginal words indicating copy
distribution must be printed with a distinct ink color or with another method
(e.g., white text against black background in text box, or, black text against
grey background in text box) that clearly distinguishes the copy distribution
notations from the other text and data entries on the form.
(5) The manifest and continuation sheet must
be printed as fivecopy forms. Copy-to-copy registration must be exact within
1/32nd of an inch. Handwritten and typed impressions on the form must be
legible on all five copies. Copies must be bound together by one or more common
stubs that reasonably ensure that they will not become detached inadvertently
during normal use.
(6) Each copy of
the manifest and continuation sheet must indicate how the copy must be
distributed, as follows:
(i) Page 1 (top
copy): "Designated facility to EPA's e-Manifest system";
(ii) Page 2: "Designated facility to
generator";
(iii) Page 3:
"Designated facility copy";
(iv)
Page 4: "Transporters copy"; and
(v) Page 5 (bottom copy): "Generator's
initial copy."
(g)
(1) A
generator may use manifests printed by any source so long as the source of the
printed form has received approval from EPA to print the manifest under
paragraphs (c) and (e) of this section. A registered source may be a:
(i) State agency;
(ii) Commercial printer;
(iii) Hazardous waste generator, transporter
or TSDF; or
(iv) Hazardous waste
broker or other preparer who prepares or arranges shipments of hazardous waste
for transportation.
(2) A
generator must determine whether the generator state or the consignment state
for a shipment regulates any additional wastes (beyond those regulated
Federally) as hazardous wastes under these states' authorized programs.
Generators also must determine whether the consignment state or generator state
requires the generator to submit any copies of the manifest to these states. In
cases where the generator must supply copies to either the generator's state or
the consignment state, the generator is responsible for supplying legible
photocopies of the manifest to these states.
(h)
(1) If
an approved registrant would like to update any of the information provided in
its application approved under paragraph (c) of this section (e.g., to update a
company phone number or name of contact person), the registrant must revise the
application and submit it to the EPA Director of the Office of Solid Waste,
along with an indication or explanation of the update, as soon as practicable
after the change occurs. EPA either will approve or deny the revision. If EPA
denies the revision, it will explain the reasons for the denial, and it will
contact the registrant and request further modification before
approval.
(2) If the registrant
would like a new tracking number suffix, the registrant must submit a proposed
suffix to the EPA Director of the Office of Solid Waste, along with the reason
for requesting it. EPA will either approve the suffix or deny the suffix and
provide an explanation why it is not acceptable.
(3) If a registrant would like to change the
paper type, paper weight, ink color of the manifest instructions, or binding
method of its manifest or continuation sheet subsequent to approval under
Paragraph (e) of this Subsection, then the registrant must submit three samples
of the revised form for EPA review and approval. If the approved registrant
would like to use a new printer, the registrant must submit three manifest
samples printed by the new printer, along with a brief description of the
printer's qualifications to print the manifest. EPA will evaluate the manifests
and either approve the registrant to print the forms as proposed or request
additional information or modification to them before approval. EPA will notify
the registrant of its decision by mail. The registrant cannot use or distribute
its revised forms until EPA approves them.
(i) If, subsequent to its approval under
Paragraph (e) of this Section, a registrant typesets its manifest or
continuation sheet instead of using the electronic file of the forms provided
by EPA, it must submit three samples of the manifest or continuation sheet to
the registry for approval. EPA will evaluate the manifests or continuation
sheets and either approve the registrant to print them as proposed or request
additional information or modification to them before approval. EPA will notify
the registrant of its decision by mail. The registrant cannot use or distribute
its typeset forms until EPA approves them.
(j) EPA may exempt a registrant from the
requirement to submit form samples under paragraph (d) or (h)(3) of this
section if EPA is persuaded that a separate review of the registrant's forms
would serve little purpose in informing an approval decision (e.g., a
registrant certifies that it will print the manifest using the same paper type,
paper weight, ink color of the instructions and binding method of the form
samples approved for some other registrant). A registrant may request an
exemption from EPA by indicating why an exemption is warranted.
(k) An approved registrant must notify EPA by
phone or email as soon as it becomes aware that it has duplicated tracking
numbers on any manifests that have been used or distributed to other
parties.
(l) If, subsequent to
approval of a registrant under paragraph (e) of this section, EPA becomes aware
that the approved paper type, paper weight, ink color of the instructions, or
binding method of the registrant's form is unsatisfactory, EPA will contact the
registrant and require modifications to the form.
(m)
(1) EPA
may suspend and, if necessary, revoke printing privileges if we find that the
registrant:
(i) Has used or distributed forms
that deviate from its approved form samples in regard to paper weight, paper
type, ink color of the instructions, or binding method; or
(ii) Exhibits a continuing pattern of
behavior in using or distributing manifests that contain duplicate manifest
tracking numbers.
(2) EPA
will send a warning letter to the registrant that specifiies the date by which
it must come into compliance with the requirements. If the registrant does not
come in compliance by the specified date, EPA will send a second letter
notifying the registrant that EPA has suspended or revoked its printing
privileges. An approved registrant must provide information on its printing
activities to EPA if requested.
§ 262.22
Number of copies
The manifest consists of at least the number of copies which will provide the generator, each transporter, and the owner or operator of the designated facility with one copy each for their records and another copy to be returned to the generator.
§
262.23
Use of the Manifest
(a) The generator must:
(1) Sign the manifest certification by hand;
and
(2) Obtain the handwritten
signature of the initial transporter and date of acceptance on the manifest;
and
(3) Retain one copy, in
accordance with § 262.40(a).
(b) The generator must give the transporter
the remaining copies of the manifest.
(c) For shipments of hazardous waste within
the United States solely by water (bulk shipments only), the generator must
send three copies of the manifest dated and signed in accordance with this
section to the owner or operator of the designated facility or the last water
(bulk shipment) transporter to handle the waste in the United States if
exported by water. Copies of the manifest are not required for each
transporter.
(d) For rail shipments
of hazardous waste within the United States which originate at the site of
generation, the generator must send at least three copies of the manifest dated
and signed in accordance with this section to:
(1) The next non-rail transporter, if any;
or
(2) The designated facility if
transported solely by rail; or
(3)
The last rail transporter to handle the waste in the United States if exported
by rail.
(e) For
shipments of hazardous waste to a designated facility in an authorized State
which has not yet obtained authorization to regulate that particular waste as
hazardous, the generator must assure that the designated facility agrees to
sign and return the manifest to the generator, and that any out-of-state
transporter signs and forwards the manifest to the designated facility.
Note: See § 263.20(e) and (f) for special provisions for rail or water (bulk shipment) transporters.
(f) For rejected shipments of hazardous waste
or container residues contained in non-empty containers that are returned to
the generator by the designated facility (following the procedures of
§§ 264.72(f) or 265.72(f)) of this rule, the generator must:
(1) Sign either:
(i) Item 20 of the new manifest if a new
manifest is used for the returned shipment; or
(ii) Item 18c of the original manifest if the
original manifest is used for the returned shipment;
(2) Provide the transporter a copy of the
manifest;
(3) Within 30 days of
delivery of the rejected shipment or container residues contained in non-empty
containers, send a copy of the manifest to the designated facility that
returned the shipment to the generator; and
(4) Retain at the generator's site a copy of
each manifest for at least three years from the date of delivery.
§ 262.24
Use
of the Electronic Manifest
(a) Legal
equivalence to paper manifests. Electronic manifests that are obtained,
completed, and transmitted in accordance with § 262.20(a)(3), and used in
accordance with this section in lieu of EPA Forms 8700-22 and 8700-22A are the
legal equivalent of paper manifest forms bearing handwritten signatures, and
satisfy for all purposes any requirement in these rules to obtain, complete,
sign, carry, provide, give, use, or retain a manifest.
(1) Any requirement in these rules to sign a
manifest or manifest certification by hand, or to obtain a handwritten
signature, is satisfied by signing with or obtaining a valid and enforceable
electronic signature within the meaning of
40 CFR §
262.25(a).
(2) Any requirement in these rules to give,
provide, send, forward, or return to another person a copy of the manifest is
satisfied when an electronic manifest is transmitted to the other person by
submission to the system.
(3) Any
requirement in these rules for a generator to keep or retain a copy of each
manifest is satisfied by retention of a signed electronic manifest in the
generator's account on the national e-Manifest system, provided that such
copies are readily available for viewing and production if requested by any EPA
or authorized state inspector.
(4)
No generator may be held liable for the inability to produce an electronic
manifest for inspection under this section if the generator can demonstrate
that the inability to produce the electronic manifest is due exclusively to a
technical difficulty with the electronic manifest system for which the
generator bears no responsibility.
(b) A generator may participate in the
electronic manifest system either by accessing the electronic manifest system
from its own electronic equipment, or by accessing the electronic manifest
system from portable equipment brought to the generator's site by the
transporter who accepts the hazardous waste shipment from the generator for
off-site transportation.
(c)
Restriction on use of electronic manifests. A generator may prepare an
electronic manifest for the tracking of hazardous waste shipments involving any
RCRA hazardous waste only if it is known at the time the manifest is originated
that all waste handlers named on the manifest participate in the use of the
electronic manifest except that:
(1) A
generator may sign by hand and retain a paper copy of the manifest signed by
hand by the initial transporter, in lieu of executing the generator copy
electronically, thereby enabling the transporter and subsequent waste handlers
to execute the remainder of the manifest copies electronically.
(2) [Reserved]
(d) Requirement for one printed copy. To the
extent the Hazardous Materials regulation on shipping papers for carriage by
public highway requires shippers of hazardous materials to supply a paper
document for compliance with
49 CFR §
177.817, a generator originating an
electronic manifest must also provide the initial transporter with one printed
copy of the electronic manifest.
(e) Special procedures when electronic
manifest is unavailable. If a generator has prepared an electronic manifest for
a hazardous waste shipment, but the electronic manifest system becomes
unavailable for any reason prior to the time that the initial transporter has
signed electronically to acknowledge the receipt of the hazardous waste from
the generator, then the generator must obtain and complete a paper manifest and
if necessary, a continuation sheet (EPA Forms 8700-22 and 8700-22A) in
accordance with the manifest instructions and use these paper forms from this
point forward in accordance with the requirements of Rule 23 §
262.23.
(f) Special procedures for
electronic signature methods undergoing tests. If a generator has prepared an
electronic manifest for a hazardous waste shipment, and signs this manifest
electronically using an electronic signature method which is undergoing pilot
or demonstration tests aimed at demonstrating the practicality or legal
dependability of the signature method, then the generator shall also sign with
an ink signature the generator/offeror certification on the printed copy of the
manifest provided under paragraph (d) of this section.
(g) [Reserved]
(h) Post-receipt manifest data corrections.
After facilities have certified to the receipt of hazardous wastes by signing
Item 20 of the manifest, any post-receipt data corrections may be submitted at
any time by any interested person (e.g., waste handler) named on the manifest.
Generators may participate electronically in the post-receipt data corrections
process by following the process described in § 264.71(l) of this rule,
which applies to corrections made to either paper or electronic manifest
records.
§ 262.25
Electronic Manifest Signatures
Electronic signature methods for the e-Manifest system shall:
(a) Be a legally valid and
enforceable signature under applicable EPA and other Federal requirements
pertaining to electronic signatures; and
(b) Be a method that is designed and
implemented in a manner that EPA considers to be as cost-effective and
practical as possible for the users of the manifest.
§ 262.26
[Reserved]
§
262.27
Waste Minimization certification
A generator who initiates a shipment of hazardous waste must certify to one of the following statements in Item 15 of the uniform hazardous waste manifest:
(a) "I am a large
quantity generator. I have a program in place to reduce the volume and toxicity
of waste generated to the degree I have determined to be economically
practicable and I have selected the practicable method of treatment, storage,
or disposal currently available to me which minimizes the present and future
threat to human health and the environment;" or
(b) "I am a small quantity generator. I have
made a good faith effort to minimize my waste generation and select the best
waste management method that is available to me and that I can afford. "
Subsection C
-- Pre-Transport Requirements Applicable to Small and Large Quantity
Generators
§ 262.30
Packaging
Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator must package the waste in accordance with the applicable Department of Transportation regulations on packaging under 49 CFR Parts 173, 178, and 179.
§
262.31
Labeling
Before transporting or offering hazardous waste for transportation off-site, a generator must label each package in accordance with the applicable Department of Transportation regulations on hazardous materials under 49 CFR Part 172.
§
262.32
Marking
(a)
Before transporting or offering hazardous waste for transportation off-site, a
generator must mark each package of hazardous waste in accordance with the
applicable Department of Transportation regulations on hazardous materials
under 49 CFR Part 172;
(b) Before
transporting hazardous waste or offering hazardous waste for transportation
off-site, a generator must mark each container of 119 gallons or less used in
such transportation with the following words and information in accordance with
the requirements of
49 CFR
172.304:
(1)
HAZARDOUS WASTE-Federal Law Prohibits Improper Disposal. If found, contact the
nearest police or public safety authority or the U.S. Environmental Protection
Agency.
(2) Generator's Name and
Address ____.
(3) Generator's EPA
Identification Number ____.
(4)
Manifest Tracking Number ____.
(5)
EPA Hazardous Waste Number(s) ____.
(c) A generator may use a nationally
recognized electronic system, such as bar coding, to identify the EPA Hazardous
Waste Number(s), as required by paragraph (b)(5) or paragraph (d).
(d) Lab packs that will be incinerated in
compliance with §268.42(c) are not required to be marked with EPA
Hazardous Waste Number(s), except D004, D005, D006, D007, D008, D010, and D011,
where applicable.
§
262.33
Placarding
Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator must placard or offer the initial transporter the appropriate placards according to Department of Transportation regulations for hazardous materials under 49 CFR part 172, Subsection F.
§ 262.34
[Reserved]
§
262.35
Liquids in landfills prohibition
The placement of bulk or non-containerized liquid hazardous waste or hazardous waste containing free liquids (whether or not sorbents have been added) in any landfill is prohibited. Prior to disposal in a hazardous waste landfill, liquids must meet additional requirements as specified in §§264.314 and 265.314.
Subsection D
-- Recordkeeping and
Reporting Applicable to Small and Large Quantity Generators
§ 262.40
Recordkeeping
(a) A generator must keep a copy of each
manifest signed in accordance with § 262.23(a) for three years or until he
receives a signed copy from the designated facility which received the waste.
This signed copy must be retained as a record for at least three years from the
date the waste was accepted by the initial transporter.
(b) A generator must keep a copy of each
Annual Report and Exception Report for a period of at least three years from
the due date of the report.
(c) See
§ 262.11(f) for recordkeeping requirements for documenting hazardous waste
determinations.
(d) The periods or
retention referred to in this section are extended automatically during the
course of any unresolved enforcement action regarding the regulated activity or
as requested by the Director.
§
262.41
Annual Report
Any person who generated more than 100kg of hazardous waste in any given month during the preceding calendar year in the State of Arkansas must prepare and submit a single copy of an Annual Report to the Director not later than March 1 of each year. The Annual Report must be submitted on forms or in an electronic format furnished or approved by the Division and in accordance with the annual instruction booklet provided by the Division. This requirement also applies to large quantity generators that receive hazardous waste from very small quantity generators pursuant to§262.17(f). The report must cover generator activities during the previous calendar year, and include, at a minimum, the following information:
(a)
The
EPA identification number, name, and address of the
generator;
(b)
The calendar year covered by the report;
(c)
The EPA identification number,
name, and address for each offsite treatment, storage, or disposal facility in
the United States to which waste was shipped during the
year;
(d)
The
name and EPA identification number of each transporter used during the
reporting year for shipments to a treatment, storage, or disposal facility
within the United States;
(e)
A description, EPA hazardous
waste number (from Section 261, Subsection C or D), and quantity of each
hazardous waste generated on-site and either accumulated, treated, stored, or
disposed of on-site or shipped offsite to a treatment, storage or disposal
facility. This information must also indicate the EPA identification number of
each such offsite facility to which waste was shipped, or whether the waste was
managed on-site;
(f)
A certification by the generator or authorized representative that the
report is true, accurate, and correct.
(g)
A description of the efforts
undertaken during the year to reduce the volume and toxicity of waste
generated;
(h)
A
description of the changes in volume and toxicity of waste actually achieved
during the year in comparison to previous years to the extent such information
is available for years prior to 1984.
(i)
A statement signed by the
generator or authorized representative certifying that the report is true,
accurate, and correct.
(j)
Exports of hazardous waste to foreign countris are not required to be
reported on the Biennial Report form. A separate annual report requirement is
set forth at § 262.83(g) for hazardous waste exporters.
§ 262.42
Exception
reporting
(a)
(1) A generator of 1000 kilograms or greater
of hazardous waste in a calendar month, or greater than 1 kg of acute hazardous
waste listed in § 261.31. or § 261.33(e) in a calendar month, who
does not receive a copy of the manifest with the handwritten signature of the
owner or operator of the designated facility within 35 days of the date the
waste was accepted by the initial transporter must contact the transporter
and/or the owner or operator of the designated facility to determine the status
of the hazardous waste.
(2) A
generator of 1000 kilograms or greater of hazardous waste in a calendar month,
or greater than 1 kg of acute hazardous waste listed in § 261.31. or
§ 261.33(e) in a calendar month, must submit an Exception Report to the
Director if he has not received a copy of the manifest with the handwritten
signature of the owner or operator of the designated facility within 45 days of
the date the waste was accepted by the initial transporter. The Exception
Report must include:
(i) A legible copy of
the manifest for which the generator does not have confirmation of
delivery;
(ii) A cover letter
signed by the generator or his authorized representative explaining the efforts
taken to locate the hazardous waste and the results of those efforts.
(b) A generator of
greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a
calendar month who does not receive a copy of the manifest with the handwritten
signature of the owner or operator of the designated facility within 60 days of
the date the waste was accepted by the initial transporter must submit a
legible copy of the manifest, with some indication that the generator has not
received confirmation of delivery, to the Director.
Note: The submission to the Division need only be a handwritten or typed note on the manifest itself, or on an attached sheet of paper, stating that the return copy was not received.
(c) For rejected shipments of hazardous waste
or container residues contained in non-empty containers that are forwarded to
an alternate facility by a designated facility using a new manifest (following
the procedures of Section 264.72(e)(1) through (6) or Section 265.72(e)(1)
through (6)) of this rule), the generator must comply with the requirements of
paragraph (a) or (b) of this section, as applicable, for the shipment
forwarding the material from the designated facility to the alternate facility
instead of for the shipment from the generator to the designated facility. For
purposes of paragraph (a) or (b) of this section for a shipment forwarding such
waste to an alternate facility by a designated facility:
(1) The copy of the manifest received by the
generator must have the handwritten signature of the owner or operator of the
alternate facility in place of the signature of the owner or operator of the
designated facility, and
(2) The
35/45/60-day timeframes begin the date the waste was accepted by the initial
transporter forwarding the hazardous waste shipment from the designated
facility to the alternate facility.
§ 262.43
Additional
reporting
The Director, as he deems necessary, may require generators to furnish additional reports concerning the quantities and disposition of wastes identified or listed in § 261.
§ 262.44
[Reserved]
Subsection E
--
[Reserved]
§ 262.50
[Reserved]
§
262.51
[Reserved]
§ 262.52
[Reserved]
§
262.53
[Reserved]
§ 262.54
[Reserved]
§
262.55
[Reserved]
§ 262.56
[Reserved]
§ 262.57
[Reserved]
§
262.58
[Reserved]
Subsection F
-- [Reserved]
§ 262.60
[Reserved]
Subsection G
--
Farmers
§ 262.70
Farmers
A farmer disposing of waste pesticides from his own use which are hazardous wastes is not required to comply with the standards in this section or other standards in §§ 264, 265, 266, or 270 for those wastes provided he triple rinses each emptied pesticide container in accordance with § 261.7(b)(3) and disposes of the pesticide residues on his own farm in a manner consistent with the disposal instructions on the pesticide label.
Subsection
H
-- Trans-boundary Movements of Hazardous Waste for
Recovery and Disposal
§ 262.80
Applicability
(a) The
requirements of this subsection apply to transboundary movements of hazardous
waste.
(b) Any person (including
exporter, importer, disposal facility operator, or recovery facility operator)
who mixes two or more wastes (including hazardous and non-hazardous wastes) or
otherwise subjects two or more wastes (including hazardous and nonhazardous
wastes) to physical or chemical transformation operations, and thereby creates
a new hazardous waste, becomes a generator and assumes all subsequent generator
duties under RCRA and any exporter duties, if applicable, under this
subsection.
§ 262.81
Definitions
In addition to the definitions set forth at § 260.10 of this rule, the following definitions apply to this subsection.
"Competent authority" means the regulatory authority or authorities of concerned countries having jurisdiction over trans-boundary movements of wastes.
"Countries concerned" means the countries of export or import and any countries of transit.
"Country of export" means any country from which a transboundary movement of hazardous wastes is planned to be initiated or is initiated.
"Country of import" means any country to which a transboundary movement of hazardous wastes is planned or takes place for the purpose of submitting the wastes to recovery or disposal operations therein.
"Country of transit" means any country other than the country of export or country of import across which a transboundary movement of hazardous wastes is planned or takes place.
"Disposal operations" means activities which do not lead to the possibility of resource recovery, recycling, reclamation, direct re-use or alternate uses, which include:
(1) D1 Release or Deposit into or onto land,
other than by any of operations D2 through D5 or D12.
(2) D2 Land treatment, such as biodegradation
of liquids or sludges in soils.
(3)
D3 Deep injection, such as injection into wells, salt domes or naturally
occurring repositories.
(4) D4
Surface impoundment, such as placing of liquids or sludges into pits, ponds or
lagoons.
(5) D5 Specially
engineered landfill, such as placement into lined discrete cells which are
capped and isolated from one another and the environment.
(6) D6 Release into a water body other than a
sea or ocean, and other than by operation D4.
(7) D7 Release into a sea or ocean, including
sea-bed insertion, other than by operation D4.
(8) D8 Biological treatment not specified
elsewhere in operations D1 through D12, which results in final compounds or
mixtures which are discarded by means of any of operations D1 through
D12.
(9) D9 Physical or chemical
treatment not specified elsewhere in operations D1 through D12, such as
evaporation, drying, calcination, neutralization, or precipitation, which
results in final compounds or mixtures which are discarded by means of any of
operations D1through D12.
(10) D10
Incineration on land.
(11) D11
Incineration at sea.
(12) D12
Permanent storage.
(13) D13
Blending or mixing, prior to any of operations D1 through D12.
(14) D14 Repackaging, prior to any of
operations D1 through D13.
(15) D15
(or DC17 for transboundary movements with Canada only) Interim Storage, prior
to any of operations D1 through D12.
(16) DC15 Release, including the venting of
compressed or liquified gases, or treatment, other than by any of operations D1
to D12 (for transboundary movements with Canada only).
(17) DC16 Testing of a new technology to
dispose of a hazardous waste (for transboundary movements with Canada only).
"EPA Acknowledgment of Consent" (AOC) means the letter EPA sends to the exporter documenting the specific terms of the country of import's consent and the country(ies) of transit's consent(s). The AOC meets the definition of an export license in U.S. Census Bureau regulations 15 CFR 30.1.
"Export" means the transportation of hazardous waste from a location under the jurisdiction of the United States to a location under the jurisdiction of another country, or a location not under the jurisdiction of any country, for the purposes of recovery or disposal operations therein.
"Exporter" also known as primary exporter on the RCRA hazardous waste manifest, means the person domiciled in the United States who is required to originate the movement document in accordance with § 262.83(d) or the manifest for a shipment of hazardous waste in accordance with subsection B of this section, or equivalent State provision, which specifies a foreign receiving facility as the facility to which the hazardous wastes will be sent, or any recognized trader who proposes export of the hazardous wastes for recovery or disposal operations in the country of import.
"Foreign exporter" means the person under the jurisdiction of the country of export who has, or will have at the time the planned transboundary movement commences, possession or other forms of legal control of the hazardous wastes and who proposes shipment of the hazardous wastes to the United States for recovery or disposal operations.
"Foreign importer" means the person to whom possession or other form of legal control of the hazardous waste is assigned at the time the exported hazardous waste is received in the country of import.
"Foreign receiving facility" means a facility which, under the importing country's applicable domestic law, is operating or is authorized to operate in the country of import to receive the hazardous wastes and to perform recovery or disposal operations on them.
"Import" means the transportation of hazardous waste from a location under the jurisdiction of another country to a location under the jurisdiction of the United States for the purposes of recovery or disposal operations therein.
"Importer" means the person to whom possession or other form of legal control of the hazardous waste is assigned at the time the imported hazardous waste is received in the United States.
"OECD" means the Organization for Economic Cooperation and Development.
"OECD area" means all land or marine areas under the national jurisdiction of any OECD member country. When the rules refer to shipments to or from an OECD member country, this means "OECD area."
"OECD Member country" means the countries that are
members of the OECD and participate in the Amended 2001 OECD Decision. (EPA
provides a list of OECD Member countries at
"Recognized trader" means a person who, with appropriate authorization of concerned countries, acts in the role of principal to purchase and subsequently sell wastes; this person has legal control of such wastes from time of purchase to time of sale; such a person may act to arrange and facilitate trans-boundary movements of wastes destined for recovery operations.
"Receiving facility" means a U.S. facility which, under RCRA and other applicable domestic laws, is operating or is authorized to operate to receive hazardous wastes and to perform recovery or disposal operations on them.
"Recovery operations" means activities leading to resource recovery, recycling, reclamation, direct re-use or alternative uses, which include:
(1) R1 Use as a fuel
(other than in direct incineration) or other means to generate
energy.
(2) R2 Solvent
reclamation/regeneration.
(3) R3
Recycling/reclamation of organic substances which are not used as
solvents.
(4) R4
Recycling/reclamation of metals and metal compounds.
(5) R5 Recycling/reclamation of other
inorganic materials.
(6) R6
Regeneration of acids or bases.
(7)
R7 Recovery of components used for pollution abatement.
(8) R8 Recovery of components used from
catalysts.
(9) R9 Used oil
re-refining or other reuses of previously used oil.
(10) R10 Land treatment resulting in benefit
to agriculture or ecological improvement.
(11) R11 Uses of residual materials obtained
from any of the operations numbered R1 through R10 or RC14 (for transboundary
shipments with Canada only).
(12)
R12 Exchange of wastes for submission to any of the operations numbered R1
through R11 or RC14 (for transboundary shipments with Canada only).
(13) R13 Accumulation of material intended
for any operation numbered R1 through R12 or RC14 (for transboundary shipments
with Canada only).
(14) RC14
Recovery or regeneration of a substance or use or re-use of a recyclable
material, other than by any of operations R1 to R10 (for transboundary
shipments with Canada only).
(15)
RC15 Testing of a new technology to recycle a hazardous recyclable material
(for transboundary shipments with Canada only).
(16) RC16 Interim storage prior to any of
operations R1 to R11 or RC14 (for transboundary shipments with Canada only).
"Transboundary movement" means any movement of hazardous wastes from an area under the national jurisdiction of one country to an area under the national jurisdiction of another country.
§ 262.82
General conditions
(a)
Scope.
The level of control for exports and imports of waste is indicated by
assignment of the waste to either a list of wastes subject to the Green control
procedures or a list of wastes subject to the Amber control procedures and by
the national procedures of the United States, as defined in § 262.80(a).
The OECD Green and Amber lists are incorporated by reference in § 260.11.
(1)
Green list wastes
(i) Green wastes that are not hazardous waste
are subject to existing controls normally applied to commercial transactions
and are not subject to the requirements of this section.
(ii) Green wastes that are hazardous waste
are subject to the requirements of this section.
(2)
Amber list wastes
(i) Amber wastes that are hazardous waste are
subject to the requirements of this section, even if they are imported to or
exported from a country that does not consider the waste to be hazardous or
control the transboundary shipment as a hazardous waste import or export.
(A) For exports, the exporter must comply
with § 262.83.
(B) For
imports, the recovery or disposal facility and the importer must comply with
§ 262.84.
(ii) Amber
wastes that are not hazardous wastes, but are considered hazardous by the other
country are subject to the Amber control procedures in the country that
considers the waste hazardous, and are not subject to the requirements of this
section. All responsibilities of the importer or exporter shift to the foreign
importer of foreign exporter in the other country that considers the waste
hazardous unless the parties make other arrangements through contracts.
Note to Paragraph (a)(2): Some Amber list wastes are not listed or otherwise identified as hazardous under RCRA, and therefore are not subject to the requirements of this section. Regardless of the status of the waste under RCRA, however, other Federal environmental statutes (e.g., the Toxic Substances Control Act) restrict certain waste imports or exports. Such restrictions continue to apply with regard to this section.
(3) Mixtures of wastes.
(i) A Green waste that is mixed with one or
more other Green wastes such that the resulting mixture is not hazardous waste
is not subject to the requirements of this section.
Note to Paragraph (a)(3)(i): The regulated community should note that some countries may require, by domestic law, that mixtures of different Green wastes be subject to the Amber control procedures.
(ii) A Green
waste that is mixed with one or more Amber wastes, in any amount, de
minimis or otherwise, or a mixture of two or more Amber wastes, such
that the resulting waste mixture is hazardous waste is subject to the
requirements of this section.
Note to Paragraph (a)(3)(ii): The regulated community should note that some countries may require, by domestic law, that a mixture of a Green waste and more than a de minimis amount of an Amber waste or a mixture of two or more Amber wastes be subject to the Amber control procedures.
(4)
Wastes not yet assigned to an OECD waste list are eligible for trans-boundary
movements, as follows:
(i) If such wastes are
hazardous wastes, such wastes are subject to the requirements of this
section.
(ii) If such wastes are
not hazardous, such wastes are not subject to the requirements of this
subsection.
(b)
General conditions applicable to trans-boundary movements of hazardous
waste:
(1) The hazardous waste must
be destined for recovery or disposal operations at a facility that, under
applicable domestic law, is operating or is authorized to operate in the
country of import;
(2) The
trans-boundary movement must be in compliance with applicable international
transport agreements; and
Note to Paragraph (b)(2): These international agreements include, but are not limited to, the Chicago Convention (1944), ADR (1957), ADNR (1970), MARPOL Convention (1973/1978), SOLAS Convention (1974), IMDG Code (1985), COTIF (1985), and RID (1985).
(3) Any transit of hazardous waste through
one or more countries must be conducted in compliance with all applicable
international and national laws and rules.
(c) Duty to return wastes subject to the
Amber control procedures during transit through the United States. When a
transboundary movement of hazardous wastes transiting the United States and
subject to the Amber control procedures does not comply with the requirements
of the notification and movement documents or otherwise constitutes illegal
shipment, and if alternative arrangements cannot be made to recover or dispose
of these wastes in an environmentally sound manner, the waste must be returned
to the country of export. The U.S. transporter must inform EPA at the specified
mailing address in paragraph (e) of this section of the need to return the
shipment. EPA will then inform the competent authority of the country of
export, citing the reason(s) for returning the waste. The U.S. transporter must
complete the return within ninety (90) days from the time EPA informs the
country of export of the need to return the waste, unless informed in writing
by EPA of another timeframe agreed to by the concerned countries.
(d) Laboratory analysis exemption. Export or
import of a hazardous waste sample is exempt from the requirements of this
subpart if the sample is destined for laboratory analysis to assess its
physical or chemical characteristics, or to determine its suitability for
recovery or disposal operations, does not exceed twenty-five kilograms (25 kg)
in quantity, is appropriately packaged and labeled, and complies with the
conditions of § 261.4(d) or (e).
(e) EPA Address for submittals by postal mail
or hand delivery. Submittals required in this subsection to be made by postal
mail or hand delivery should be sent to the following addresses:
(1) For postal mail delivery, the Office of
Enforcement and Compliance Assurance, Office of Federal Activities,
International Compliance Assurance Division (2254A), Environmental Protection
Agency, 1200 Pennsylvania Avenue, N.W., Washington, DC 20460.
(2) For hand-delivery, the Office of
Enforcement and Compliance Assurance, Office of Federal Activities,
International Compliance Assurance Division, Environmental Protection Agency,
William Jefferson Clinton South Bldg., Room 6144, 12th St. and Pennsylvania
Ave., NW., Washington, DC 20004.
§ 262.83
Exports of hazardous
waste
(a) General export requirements.
Except as provided in paragraphs (a)(5) and (6) of this section, exporters that
have received an AOC from EPA before December 31, 2016 are subject to that
approval and the requirements listed in the AOC that existed at the time of
that approval until such time the approval period expires. All other exports of
hazardous waste are prohibited unless:
(1) The
exporter complies with the contract requirements in paragraph (f) of this
section;
(2) The exporter complies
with the notification requirements in paragraph (b) of this section;
(3) The exporter receives an AOC from EPA
documenting consent from the countries of import and transit (and original
country of export if exporting previously imported hazardous waste);
(4) The exporter ensures compliance with the
movement documents requirements in paragraph (d) of this section;
(5) The exporter ensures compliance with the
manifest instructions for export shipments in paragraph (c) of this section;
and
(6) The exporter or a U.S.
authorized agent:
(i) For shipments initiated
prior to the AES filing compliance date, does one of the following:
(A) Submits Electronic Export Information
(EEI) for each shipment to the Automated Export System (AES) or its successor
system, under the International Trade Data System (ITDS) platform, in
accordance with
15
CFR 30.4(b), and includes
the following items in the EEI, along with the other information required under
15 CFR
30.6:
(1)
EPA license code;
(2) Commodity
classification code for each hazardous waste per
15 CFR
30.6(a)(12);
(3) EPA consent number for each hazardous
waste;
(4) Country of ultimate
destination code per
15 CFR
30.6(a)(5);
(5) Date of export per
15 CFR
30.6(a)(2);
(6) RCRA hazardous waste manifest tracking
number, if required;
(7) Quantity
of each hazardous waste in shipment and units for reported quantity, if
required reporting units established by value for the reported commodity
classification number are in units of weight or volume per
15 CFR
30.6(a)(15); or
(8) EPA net quantity for each hazardous waste
reported in units of kilograms if solid or in units of liters if liquid, if
required reporting units established by value for the reported commodity
classification number are not in units of weight or volume.
(B) Complies with a paper-based
process by:
(1) Attaching paper documentation
of consent (i.e., a copy of the EPA Acknowledgment of Consent, international
movement document) to the manifest, or shipping papers if a manifest is not
required, which must accompany the hazardous waste shipment. For exports by
rail or water (bulk shipment), the primary exporter must provide the
transporter with the paper documentation of consent which must accompany the
hazardous waste but which need not be attached to the manifest except that for
exports by water (bulk shipment) the primary exporter must attach the paper
documentation of consent to the shipping paper.
(2) Providing the transporter with an
additional copy of the manifest, and instructing the transporter via mail,
email or fax to deliver that copy to the U.S. Customs official at the point the
hazardous waste leaves the United States in accordance with §
263.20(g)(4)(ii).
(ii) For shipments initiated on or after the
AES filing compliance date of December 31, 2017, submits Electronic Export
Information (EEI) for each shipment to the Automated Export System (AES) or its
successor system, under the International Trade Data System (ITDS) platform, in
accordance with
15
CFR 30.4(b), and includes
the following items in the EEI, along with the other information required under
15 CFR
30.6:
(A)
EPA license code;
(B) Commodity
classification code for each hazardous waste per
15 CFR
30.6(a)(12);
(C) EPA consent number for each hazardous
waste;
(D) Country of ultimate
destination code per
15 CFR
30.6(a)(5);
(E) Date of export per
15 CFR
30.6(a)(2);
(F) RCRA hazardous waste manifest tracking
number, if required;
(G) Quantity
of each hazardous waste in shipment and units for reported quantity, if
required reporting units established by value for the reported commodity
classification number are in units of weight or volume per
15 CFR
30.6(a)(15); or
(H) EPA net quantity for each hazardous waste
reported in units of kilograms if solid or in units of liters if liquid, if
required reporting units established by value for the reported commodity
classification number are not in units of weight or volume.
(b)
Notifications-
(1) General notifications. At
least sixty (60) days before the first shipment of hazardous waste is expected
to leave the United States, the exporter must provide notification in English
to EPA of the proposed transboundary movement. Notifications must be submitted
electronically using EPA's Waste Import Export Tracking System (WIETS), or its
successor system. The notification may cover up to one year of shipments of one
or more hazardous wastes being sent to the same recovery or disposal facility,
and must include all of the following information:
(i) Exporter name and EPA identification
number, address, telephone, fax numbers, and e-mail address;
(ii) Foreign receiving facility name,
address, telephone, fax numbers, e-mail address, technologies employed, and the
applicable recovery or disposal operations as defined in §
262.81;
(iii) Foreign importer name
(if not the owner or operator of the foreign receiving facility), address,
telephone, fax numbers, and e-mail address;
(iv) Intended transporter(s) and/or their
agent(s); address, telephone, fax, and e-mail address;
(v) "U.S." as the country of export name,
"USA01" as the relevant competent authority code, and the intended U.S. port(s)
of exit;
(vi) The ISO standard 3166
country name 2-digit code, OECD/Basel competent authority code, and the ports
of entry and exit for each country of transit;
(vii) The ISO standard 3166 country name
2-digit code, OECD/Basel competent authority code, and port of entry for the
country of import;
(viii) Statement
of whether the notification covers a single shipment or multiple
shipments;
(ix) Start and End Dates
requested for transboundary movements;
(x) Means of transport planned to be
used;
(xi) Description(s) of each
hazardous waste, including whether each hazardous waste is regulated universal
waste under section 273, or the state equivalent, spent lead-acid batteries
being exported for recovery of lead under section 266, subsection G, or the
state equivalent, or industrial ethyl alcohol being exported for reclamation
under § 261.6(a)(3)(i), or the state equivalent, estimated total quantity
of each waste in either metric tons or cubic meters, the applicable RCRA waste
code(s) for each hazardous waste, the applicable OECD waste code from the lists
incorporated by reference in § 260.11, and the United Nations/U.S.
Department of Transportation (DOT) ID number for each waste;
(xii) Specification of the recovery or
disposal operation(s) as defined in § 262.81.
(xiii) Certification/Declaration signed by
the exporter that states:
I certify that the above information is complete and correct to the best of my knowledge. I also certify that legally enforceable written contractual obligations have been entered into and that any applicable insurance or other financial guarantee is or shall be in force covering the transboundary movement.
Name:
Signature:
Date:
(2) Exports to pre-consented recovery
facilities in OECD Member countries. If the recovery facility is located in an
OECD member country and has been pre-consented by the competent authority of
the OECD member country to recover the waste sent by exporters located in other
OECD member countries, the notification may cover up to three years of
shipments. Notifications proposing export to a pre-consented facility in an
OECD member country must include all information listed in paragraphs (b)(1)(i)
through (b)(1)(xiii) of this section and additionally state that the facility
is pre-consented. Exporters must submit the notification to EPA using the
allowable methods listed in paragraph (b)(1) of this section at least ten days
before the first shipment is expected to leave the United States.
(3) Notifications listing interim recycling
operations or interim disposal operations. If the foreign receiving facility
listed in paragraph (b)(1)(ii) of this section will engage in any of the
interim recovery operations R12 or R13 or interim disposal operations D13
through D15, or in the case of transboundary movements with Canada, any of the
interim recovery operations R12, R13, or RC16, or interim disposal operations
D13 to D14, or DC17, the notification submitted according to paragraph (b)(1)
of this section must also include the final foreign recovery or disposal
facility name, address, telephone, fax numbers, e-mail address, technologies
employed, and which of the applicable recovery or disposal operations R1
through R11 and D1 through D12, or in the case of transboundary movements with
Canada, which of the applicable recovery or disposal operations R1 through R11,
RC14 to RC15, D1 through D12, and DC15 to DC16 will be employed at the final
foreign recovery or disposal facility. The recovery and disposal operations in
this paragraph are defined in § 262.81.
(4) Renotifications. When the exporter wishes
to change any of the information specified on the original notification
(including increasing the estimate of the total quantity of hazardous waste
specified in the original notification or adding transporters), the exporter
must submit a renotification of the changes to EPA using the allowable methods
in paragraph (b)(1) of this section. Any shipment using the requested changes
cannot take place until the countries of import and transit consent to the
changes and the exporter receives an EPA AOC letter documenting the countries'
consents to the changes.
(5) For
cases where the proposed country of import and recovery or disposal operations
are not covered under an international agreement to which both the United
States and the country of import are parties, EPA will coordinate with the
Department of State to provide the complete notification to country of import
and any countries of transit. In all other cases, EPA will provide the
notification directly to the country of import and any countries of transit. A
notification is complete when EPA receives a notification which EPA determines
satisfies the requirements of paragraph (b)(1)(i) through (b)(1)(xiii) of this
section.
(6) Where the countries of
import and transit consent to the proposed transboundary movement(s) of the
hazardous waste(s), EPA will forward an EPA AOC letter to the exporter
documenting the countries' consents. Where any of the countries of import and
transit objects to the proposed transboundary movement(s) of the hazardous
waste or withdraws a prior consent, EPA will notify the exporter.
(7) Export of hazardous wastes for recycling
or disposal operations that were originally imported into the United States for
recycling or disposal operations in a third country is prohibited unless an
exporter in the United States complies with the export requirements in §
262.83, including providing notification to EPA in accordance with paragraph
(b)(1) of this section. In addition to listing all required information in
paragraphs (b)(1)(i) through (b)(1)(xiii) of this section, the exporter must
provide the original consent number issued for the initial import of the wastes
in the notification, and receive an AOC from EPA documenting the consent of the
competent authorities in new country of import, the original country of export,
and any transit countries prior to re-export.
(8) Upon request by EPA, the exporter must
furnish to EPA any additional information which the country of import requests
in order to respond to a notification.
(c) RCRA manifest instructions for export
shipments. The exporter must comply with the manifest requirements of
§§ 262.20 through 262.23 except that:
(1) In lieu of the name, site address and EPA
ID number of the designated permitted facility, the exporter must enter the
name and site address of the foreign receiving facility;
(2) In the International Shipments block, the
exporter must check the export box and enter the U.S. port of exit (city and
State) from the United States.
(3)
The exporter must list the consent number from the AOC for each hazardous waste
listed on the manifest, matched to the relevant list number for the hazardous
waste from block 9b. If additional space is needed, the exporter should use a
Continuation Sheet(s) (EPA Form 8700-22A).
(4) The exporter may obtain the manifest from
any source that is registered with the U.S. EPA as a supplier of manifests
(e.g., states, waste handlers, and/or commercial forms printers).
(d) Movement document requirements
for export shipments.
(1) All exporters must
ensure that a movement document meeting the conditions of paragraph (d)(2) of
this section accompanies each transboundary movement of hazardous wastes from
the initiation of the shipment until it reaches the foreign receiving facility,
including cases in which the hazardous waste is stored and/or sorted by the
foreign importer prior to shipment to the foreign receiving facility, except as
provided in paragraphs (d)(1)(i) and (ii) of this section.
(i) For shipments of hazardous waste within
the United States solely by water (bulk shipments only), the exporter must
forward the movement document to the last water (bulk shipment) transporter to
handle the hazardous waste in the United States if exported by water.
(ii) For rail shipments of hazardous waste
within the United States which start from the company originating the export
shipment, the exporter must forward the movement document to the next non-rail
transporter, if any, or the last rail transporter to handle the hazardous waste
in the United States if exported by rail.
(2) The movement document must include the
following paragraphs (d)(2)(i) through (xv) of this section:
(i) The corresponding consent number(s) and
hazardous waste number(s) for the listed hazardous waste from the relevant EPA
AOC(s);
(ii) The shipment number
and the total number of shipments from the EPA AOC;
(iii) Exporter name and EPA identification
number, address, telephone, fax numbers, and e-mail address;
(iv) Foreign receiving facility name,
address, telephone, fax numbers, e-mail address, technologies employed, and the
applicable recovery or disposal operations as defined in §
262.81;
(v) Foreign importer name
(if not the owner or operator of the foreign receiving facility), address,
telephone, fax numbers, and e-mail address;
(vi) Description(s) of each hazardous waste,
quantity of each hazardous waste in the shipment, applicable RCRA hazardous
waste code(s) for each hazardous waste, applicable OECD waste code for each
hazardous waste from the lists incorporated by reference in § 260.11, and
the United Nations/U.S. Department of Transportation (DOT) ID number for each
hazardous waste;
(vii) Date
movement commenced;
(viii) Name (if
not exporter), address, telephone, fax numbers, and e-mail of company
originating the shipment;
(ix)
Company name, EPA ID number, address, telephone, fax, and e-mail address of all
transporters;
(x) Identification
(license, registered name or registration number) of means of transport,
including types of packaging;
(xi)
Any special precautions to be taken by transporter(s);
(xii) Certification/declaration signed and
dated by the exporter that the information in the movement document is complete
and correct;
(xiii) Appropriate
signatures for each custody transfer (e.g., transporter, importer, and owner or
operator of the foreign receiving facility);
(xiv) Each U.S. person that has physical
custody of the hazardous waste from the time the movement commences until it
arrives at the foreign receiving facility must sign the movement document
(e.g., transporter, foreign importer, and owner or operator of the foreign
receiving facility); and
(xv) As
part of the contract requirements per paragraph (f) of this section, the
exporter must require that the foreign receiving facility send a copy of the
signed movement document to confirm receipt within three working days of
shipment delivery to the exporter, to the competent authorities of the
countries of import and transit, and for shipments occurring on or after the
electronic import-export reporting compliance date, the exporter must
additionally require that the foreign receiving facility send a copy to EPA at
the same time using the allowable methods listed in paragraph (b)(1) of this
section.
(e)
Duty to return or re-export hazardous wastes. When a transboundary movement of
hazardous wastes cannot be completed in accordance with the terms of the
contract or the consent(s) and alternative arrangements cannot be made to
recover or dispose of the waste in an environmentally sound manner in the
country of import, the exporter must ensure that the hazardous waste is
returned to the United States or re-exported to a third country. If the waste
must be returned, the exporter must provide for the return of the hazardous
waste shipment within ninety days from the time the country of import informs
EPA of the need to return the waste or such other period of time as the
concerned countries agree. In all cases, the exporter must submit an exception
report to EPA in accordance with paragraph (h) of this section.
(f) Export contract requirements.
(1) Exports of hazardous waste are prohibited
unless they occur under the terms of a valid written contract, chain of
contracts, or equivalent arrangements (when the movement occurs between parties
controlled by the same corporate or legal entity). Such contracts or equivalent
arrangements must be executed by the exporter, foreign importer (if different
from the foreign receiving facility), and the owner or operator of the foreign
receiving facility, and must specify responsibilities for each. Contracts or
equivalent arrangements are valid for the purposes of this section only if
persons assuming obligations under the contracts or equivalent arrangements
have appropriate legal status to conduct the operations specified in the
contract or equivalent arrangements.
(2) Contracts or equivalent arrangements must
specify the name and EPA ID number, where available, of paragraph (f)(2)(i)
through (iv) of this section:
(i) The company
from where each export shipment of hazardous waste is initiated;
(ii) Each person who will have physical
custody of the hazardous wastes;
(iii) Each person who will have legal control
of the hazardous wastes; and
(iv)
The foreign receiving facility.
(3) Contracts or equivalent arrangements must
specify which party to the contract will assume responsibility for alternate
management of the hazardous wastes if their disposition cannot be carried out
as described in the notification of intent to export. In such cases, contracts
must specify that:
(i) The transporter or
foreign receiving facility having actual possession or physical control over
the hazardous wastes will immediately inform the exporter, EPA, and either the
competent authority of the country of transit or the competent authority of the
country of import of the need to make alternate management arrangements;
and
(ii) The person specified in
the contract will assume responsibility for the adequate management of the
hazardous wastes in compliance with applicable laws and rules including, if
necessary, arranging the return of hazardous wastes and, as the case may be,
shall provide the notification for re-export to the competent authority in the
country of import and include the equivalent of the information required in
paragraph (b)(1) of this section, the original consent number issued for the
initial export of the hazardous wastes in the notification, and obtain consent
from EPA and the competent authorities in the new country of import and any
transit countries prior to re-export.
(4) Contracts must specify that the foreign
receiving facility send a copy of the signed movement document to confirm
receipt within three working days of shipment delivery to the exporter and to
the competent authorities of the countries of import and transit. For contracts
that will be in effect on or after the electronic import-export reporting
compliance date, the contracts must additionally specify that the foreign
receiving facility send a copy to EPA at the same time using the allowable
methods listed in paragraph (b)(1) of this section on or after that
date.
(5) Contracts must specify
that the foreign receiving facility shall send a copy of the signed and dated
confirmation of recovery or disposal, as soon as possible, but no later than
thirty days after completing recovery or disposal on the waste in the shipment
and no later than one calendar year following receipt of the waste, to the
exporter and to the competent authority of the country of import. For contracts
that will be in effect on or after the electronic import-export reporting
compliance date, the contracts must additionally specify that the foreign
receiving facility send a copy to EPA at the same time using the allowable
methods listed in paragraph (b)(1) of this section on or after that
date.
(6) Contracts must specify
that the foreign importer or the foreign receiving facility that performed
interim recycling operations R12, R13, or RC16, or interim disposal operations
D13 through D15 or DC17, (recovery and disposal operations defined in §
262.81) as appropriate, will:
(i) Provide the
notification required in paragraph (f)(3)(ii) of this section prior to any
re-export of the hazardous wastes to a final foreign recovery or disposal
facility in a third country; and
(ii) Promptly send copies of the confirmation
of recovery or disposal that it receives from the final foreign recovery or
disposal facility within one year of shipment delivery to the final foreign
recovery or disposal facility that performed one of recovery operations R1
through R11, or RC16, or one of disposal operations D1 through D12, DC15 or
DC16 to the competent authority of the country of import. For contracts that
will be in effect on or after the electronic import-export reporting compliance
date, the contracts must additionally specify that the foreign facility send
copies to EPA at the same time using the allowable method listed in paragraph
(b)(1) of this section on or after that date.
(7) Contracts or equivalent arrangements must
include provisions for financial guarantees, if required by the competent
authorities of the country of import and any countries of transit, in
accordance with applicable national or international law requirements.
Note to Paragraph (f)(7): Financial guarantees so required are intended to provide for alternate recycling, disposal or other means of sound management of the wastes in cases where arrangements for the shipment and the recovery operations cannot be carried out as foreseen. The United States does not require such financial guarantees at this time; however, some OECD Member countries and other foreign countries do. It is the responsibility of the exporter to ascertain and comply with such requirements; in some cases, persons or facilities located in those OECD Member countries or other foreign countries may refuse to enter into the necessary contracts absent specific references or certifications to financial guarantees.
(8) Contracts or equivalent
arrangements must contain provisions requiring each contracting party to comply
with all applicable requirements of this subpart.
(9) Upon request by EPA, U.S. exporters,
importers, or recovery facilities must submit to EPA copies of contracts, chain
of contracts, or equivalent arrangements (when the movement occurs between
parties controlled by the same corporate or legal entity).
(g) Annual reports. The exporter shall file
an annual report with EPA no later than March 1 of each year summarizing the
types, quantities, frequency, and ultimate destination of all such hazardous
waste exported during the previous calendar year. Prior to one year after the
AES filing compliance date, the exporter must mail or hand-deliver annual
reports to EPA using one of the addresses specified in § 262.82(e), or
submit to EPA using the allowable methods specified in paragraph (b)(1) of this
section if the exporter has electronically filed EPA information in AES, or its
successor system, per paragraph (a)(6)(i)(A) of this section for all shipments
made the previous calendar year. Subsequently, the exporter must submit annual
reports to EPA using the allowable methods specified in paragraph (b)(1) of
this section. The annual report must include all of the following paragraphs
(g)(1) through (6) of this section specified as follows:
(1) The EPA identification number, name, and
mailing and site address of the exporter filing the report;
(2) The calendar year covered by the
report;
(3) The name and site
address of each foreign receiving facility;
(4) By foreign receiving facility, for each
hazardous waste exported:
(i) A description of
the hazardous waste;
(ii) The
applicable EPA hazardous waste code(s) (from 40 CFR part 261, subpart C or D)
for each waste;
(iii) The
applicable waste code from the appropriate OECD waste list incorporated by
reference in
40 CFR
260.11;
(iv) The applicable DOT ID number;
(v) The name and U.S. EPA ID number (where
applicable) for each transporter used over the calendar year covered by the
report; and
(vi) The consent
number(s) under which the hazardous waste was shipped, and for each consent
number, the total amount of the hazardous waste and the number of shipments
exported during the calendar year covered by the report;
(5) In even numbered years, for each
hazardous waste exported, except for hazardous waste produced by exporters of
greater than 100kg but less than 1,000kg in a calendar month, and except for
hazardous waste for which information was already provided pursuant to §
262.41:
(i) A description of the efforts
undertaken during the year to reduce the volume and toxicity of the waste
generated; and
(ii) A description
of the changes in volume and toxicity of the waste actually achieved during the
year in comparison to previous years to the extent such information is
available for years prior to 1984; and
(6) A certification signed by the exporter
that states: I certify under penalty of law that I have personally examined and
am familiar with the information submitted in this and all attached documents,
and that based on my inquiry of those individuals immediately responsible for
obtaining the information, I believe that the submitted information is true,
accurate, and complete. I am aware that there are significant penalties for
submitting false information including the possibility of fine and
imprisonment.
(h)
Exception reports.
(1) The exporter must file
an exception report in lieu of the requirements of § 262.42 (if
applicable) with EPA if any of the following occurs:
(i) The exporter has not received a copy of
the RCRA hazardous waste manifest (if applicable) signed by the transporter
identifying the point of departure of the hazardous waste from the United
States, within forty-five (45) days from the date it was accepted by the
initial transporter, in which case the exporter must file the exception report
within the next thirty (30) days;
(ii) The exporter has not received a written
confirmation of receipt from the foreign receiving facility in accordance with
paragraph (d) of this section within ninety (90) days from the date the waste
was accepted by the initial transporter in which case the exporter must file
the exception report within the next thirty (30) days; or
(iii) The foreign receiving facility notifies
the exporter, or the country of import notifies EPA, of the need to return the
shipment to the U.S. or arrange alternate management, in which case the
exporter must file the exception report within thirty (30) days of
notification, or one (1) day prior to the date the return shipment commences,
whichever is sooner.
(2)
Prior to the electronic import-export reporting compliance date, exception
reports must be mailed or hand delivered to EPA using the addresses listed in
§ 262.82(e). Subsequently, exception reports must be submitted to EPA
using the allowable methods listed in paragraph (b)(1) of this
section.
(i)
Recordkeeping.
(1) The exporter shall keep
the following records in paragraphs (i)(1)(i) through (v) of this section and
provide them to EPA or authorized state personnel upon request:
(i) A copy of each notification of intent to
export and each EPA AOC for a period of at least three (3) years from the date
the hazardous waste was accepted by the initial transporter;
(ii) A copy of each annual report for a
period of at least three (3) years from the due date of the report;
(iii) A copy of any exception reports and a
copy of each confirmation of receipt (i.e., movement document) sent by the
foreign receiving facility to the exporter for at least three (3) years from
the date the hazardous waste was accepted by the initial transporter;
and
(iv) A copy of each
confirmation of recovery or disposal sent by the foreign receiving facility to
the exporter for at least three (3) years from the date that the foreign
receiving facility completed interim or final processing of the hazardous waste
shipment.
(v) A copy of each
contract or equivalent arrangement established per § 262.85 for at least
three (3) years from the expiration date of the contract or equivalent
arrangement.
(2)
Exporters may satisfy these recordkeeping requirements by retaining
electronically submitted documents in the exporter's account on EPA's Waste
Import Export Tracking System (WIETS), or its successor system, provided that
copies are readily available for viewing and production if requested by any EPA
or authorized state inspector. No exporter may be held liable for the inability
to produce such documents for inspection under this section if the exporter can
demonstrate that the inability to produce the document is due exclusively to
technical difficulty with EPA's Waste Import Export Tracking System (WIETS), or
its successor system for which the exporter bears no responsibility.
(3) The periods of retention referred to in
this section are extended automatically during the course of any unresolved
enforcement action regarding the regulated activity or as requested by the
Administrator.
§
262.84
Imports of hazardous waste
(a) General import requirements.
(1) With the exception of paragraph (a)(5) of
this section, importers of shipments covered under a consent from EPA to the
country of export issued before December 31, 2016 are subject to that approval
and the requirements that existed at the time of that approval until such time
the approval period expires. Otherwise, any other person who imports hazardous
waste from a foreign country into the United States must comply with the
requirements of this part and the special requirements of this
section.
(2) In cases where the
country of export does not require the foreign exporter to submit a
notification and obtain consent to the export prior to shipment, the importer
must submit a notification to EPA in accordance with paragraph (b) of this
section.
(3) The importer must
comply with the contract requirements in paragraph (f) of this
section.
(4) The importer must
ensure compliance with the movement documents requirements in paragraph (d) of
this section; and
(5) The importer
must ensure compliance with the manifest instructions for import shipments in
paragraph (c) of this section.
(b) Notifications. In cases where the
competent authority of the country of export does not regulate the waste as
hazardous waste and, thus, does not require the foreign exporter to submit to
it a notification proposing export and obtain consent from EPA and the
competent authorities for the countries of transit, but EPA does regulate the
waste as hazardous waste:
(1) The importer is
required to provide notification in English to EPA of the proposed
transboundary movement of hazardous waste at least sixty (60) days before the
first shipment is expected to depart the country of export. Notifications
submitted prior to the electronic import-export reporting compliance date must
be mailed or hand delivered to EPA at the addresses specified in §
262.82(e). Notifications submitted on or after the electronic import-export
reporting compliance date must be submitted electronically using EPA's Waste
Import Export Tracking System (WIETS), or its successor system. The
notification may cover up to one year of shipments of one or more hazardous
wastes being sent from the same foreign exporter, and must include all of the
following information:
(i) Foreign exporter
name, address, telephone, fax numbers, and e-mail address;
(ii) Receiving facility name, EPA ID number,
address, telephone, fax numbers, email address, technologies employed, and the
applicable recovery or disposal operations as defined in §
262.81;
(iii) Importer name (if not
the owner or operator of the receiving facility), EPA ID number, address,
telephone, fax numbers, and e-mail address;
(iv) Intended transporter(s) and/or their
agent(s); address, telephone, fax, and e-mail address;
(v) "U.S." as the country of import, "USA01"
as the relevant competent authority code, and the intended U.S. port(s) of
entry;
(vi) The ISO standard 3166
country name 2-digit code, OECD/Basel competent authority code, and the ports
of entry and exit for each country of transit;
(vii) The ISO standard 3166 country name
2-digit code, OECD/Basel competent authority code, and port of exit for the
country of export;
(viii) Statement
of whether the notification covers a single shipment or multiple
shipments;
(ix) Start and End Dates
requested for transboundary movements;
(x) Means of transport planned to be
used;
(xi) Description(s) of each
hazardous waste, including whether each hazardous waste is regulated universal
waste under section 273, or the state equivalent, spent lead-acid batteries
being exported for recovery of lead under section 266, subsection G, or the
state equivalent, or industrial ethyl alcohol being exported for reclamation
under § 261.6(a)(3)(i), or the state equivalent, estimated total quantity
of each hazardous waste, the applicable RCRA hazardous waste code(s) for each
hazardous waste, the applicable OECD waste code from the lists incorporated by
reference in § 260.11, and the United Nations/U.S. Department of
Transportation (DOT) ID number for each hazardous waste;
(xii) Specification of the recovery or
disposal operation(s) as defined in § 262.81; and
(xiii) Certification/Declaration signed by
the importer that states:
I certify that the above information is complete and correct to the best of my knowledge. I also certify that legally enforceable written contractual obligations have been entered into and that any applicable insurance or other financial guarantee is or shall be in force covering the transboundary movement.
Name:
Signature:
Date:
Note to Paragrah (b)(1)(xiii): The United States does not currently require financial assurance for these waste shipments.
(2)
Notifications listing interim recycling operations or interim disposal
operations. If the receiving facility listed in paragraph (b)(1)(ii) of this
section will engage in any of the interim recovery operations R12 or R13 or
interim disposal operations D13 through D15, the notification submitted
according to paragraph (b)(1) of this section must also include the final
recovery or disposal facility name, address, telephone, fax numbers, e-mail
address, technologies employed, and which of the applicable recovery or
disposal operations R1 through R11 and D1 through D12, will be employed at the
final recovery or disposal facility. The recovery and disposal operations in
this paragraph are defined in § 262.81.
(3) Renotifications. When the foreign
exporter wishes to change any of the conditions specified on the original
notification (including increasing the estimate of the total quantity of
hazardous waste specified in the original notification or adding transporters),
the importer must submit a renotification of the changes to EPA using the
allowable methods in paragraph (b)(1) of this section. Any shipment using the
requested changes cannot take place until EPA and the countries of transit
consent to the changes and the importer receives an EPA AOC letter documenting
the consents to the changes.
(4) A
notification is complete when EPA determines the notification satisfies the
requirements of paragraph (b)(1)(i) through (xiii) of this section.
(5) Where EPA and the countries of transit
consent to the proposed transboundary movement(s) of the hazardous waste(s),
EPA will forward an EPA AOC letter to the importer documenting the countries'
consents and EPA's consent. Where any of the countries of transit or EPA
objects to the proposed transboundary movement(s) of the hazardous waste or
withdraws a prior consent, EPA will notify the importer.
(6) Export of hazardous wastes originally
imported into the United States. Export of hazardous wastes that were
originally imported into the United States for recycling or disposal operations
is prohibited unless an exporter in the United States complies with the export
requirements in § 262.83(b)(7).
(c) RCRA Manifest instructions for import
shipments.
(1) When importing hazardous waste,
the importer must meet all the requirements of § 262.20 for the manifest
except that:
(i) In place of the generator's
name, address and EPA identification number, the name and address of the
foreign generator and the importer's name, address and EPA identification
number must be used.
(ii) In place
of the generator's signature on the certification statement, the importer or
his agent must sign and date the certification and obtain the signature of the
initial transporter.
(2)
The importer may obtain the manifest form from any source that is registered
with the EPA as a supplier of manifests (e.g., states, waste handlers, and/or
commercial forms printers).
(3) In
the International Shipments block, the importer must check the import box and
enter the point of entry (city and State) into the United States.
(4) The importer must provide the transporter
with an additional copy of the manifest to be submitted by the receiving
facility to U.S. EPA in accordance with § 264.71(a)(3) and
265.71(a)(3).
(5) In lieu of the
requirements of § 262.20(d), where a shipment cannot be delivered for any
reason to the receiving facility, the importer must instruct the transporter in
writing via fax, email or mail to:
(i) Return
the hazardous waste to the foreign exporter or designate another facility
within the United States; and
(ii)
Revise the manifest in accordance with the importer's instructions.
(d) Movement document
requirements for import shipments.
(1) The
importer must ensure that a movement document meeting the conditions of
paragraph (d)(2) of this section accompanies each transboundary movement of
hazardous wastes from the initiation of the shipment in the country of export
until it reaches the receiving facility, including cases in which the hazardous
waste is stored and/or sorted by the importer prior to shipment to the
receiving facility, except as provided in paragraphs (d)(1)(i) and (ii) of this
section.
(i) For shipments of hazardous waste
within the United States by water (bulk shipments only), the importer must
forward the movement document to the last water (bulk shipment) transporter to
handle the hazardous waste in the United States if imported by water.
(ii) For rail shipments of hazardous waste
within the United States which start from the company originating the export
shipment, the importer must forward the movement document to the next non-rail
transporter, if any, or the last rail transporter to handle the hazardous waste
in the United States if imported by rail.
(2) The movement document must include the
following paragraphs (d)(2)(i) through (xv) of this section:
(i) The corresponding AOC number(s) and waste
number(s) for the listed waste;
(ii) The shipment number and the total number
of shipments under the AOC number;
(iii) Foreign exporter name, address,
telephone, fax numbers, and e-mail address;
(iv) Receiving facility name, EPA ID number,
address, telephone, fax numbers, email address, technologies employed, and the
applicable recovery or disposal operations as defined in §
262.81;
(v) Importer name (if not
the owner or operator of the receiving facility), EPA ID number, address,
telephone, fax numbers, and e-mail address;
(vi) Description(s) of each hazardous waste,
quantity of each hazardous waste in the shipment, applicable RCRA hazardous
waste code(s) for each hazardous waste, the applicable OECD waste code for each
hazardous waste from the lists incorporated by reference in § 260.11, and
the United Nations/U.S. Department of Transportation (DOT) ID number for each
hazardous waste;
(vii) Date
movement commenced;
(viii) Name (if
not the foreign exporter), address, telephone, fax numbers, and email of the
foreign company originating the shipment;
(ix) Company name, EPA ID number, address,
telephone, fax, and e-mail address of all transporters;
(x) Identification (license, registered name
or registration number) of means of transport, including types of
packaging;
(xi) Any special
precautions to be taken by transporter(s);
(xii) Certification/declaration signed and
dated by the foreign exporter that the information in the movement document is
complete and correct;
(xiii)
Appropriate signatures for each custody transfer (e.g., transporter, importer,
and owner or operator of the receiving facility);
(xiv) Each person that has physical custody
of the waste from the time the movement commences until it arrives at the
receiving facility must sign the movement document (e.g., transporter,
importer, and owner or operator of the receiving facility); and
(xv) The receiving facility must send a copy
of the signed movement document to confirm receipt within three working days of
shipment delivery to the foreign exporter, to the competent authorities of the
countries of export and transit, and for shipments received on or after the
electronic import-export reporting compliance date, to EPA electronically using
EPA's Waste Import Export Tracking System (WIETS), or its successor
system.
(e)
Duty to return or export hazardous wastes. When a transboundary movement of
hazardous wastes cannot be completed in accordance with the terms of the
contract or the consent(s), the provisions of paragraph (f)(4) of this section
apply. If alternative arrangements cannot be made to recover the hazardous
waste in an environmentally sound manner in the United States, the hazardous
waste must be returned to the country of export or exported to a third country.
The provisions of paragraph (b)(6) of this section apply to any hazardous waste
shipments to be exported to a third country. If the return shipment will cross
any transit country, the return shipment may only occur after EPA provides
notification to and obtains consent from the competent authority of the country
of transit, and provides a copy of that consent to the importer.
(f) Import contract
requirements.
(1) Imports of
hazardous waste must occur under the terms of a valid written contract, chain
of contracts, or equivalent arrangements (when the movement occurs between
parties controlled by the same corporate or legal entity). Such contracts or
equivalent arrangements must be executed by the foreign exporter, importer, and
the owner or operator of the receiving facility, and must specify
responsibilities for each. Contracts or equivalent arrangements are valid for
the purposes of this section only if persons assuming obligations under the
contracts or equivalent arrangements have appropriate legal status to conduct
the operations specified in the contract or equivalent arrangements.
(2) Contracts or equivalent arrangements must
specify the name and EPA ID number, where available, of paragraph (f)(2)(i)
through (iv) of this section:
(i) The foreign
company from where each import shipment of hazardous waste is
initiated;
(ii) Each person who
will have physical custody of the hazardous wastes;
(iii) Each person who will have legal control
of the hazardous wastes; and
(iv)
The receiving facility.
(3) Contracts or equivalent arrangements must
specify the use of a movement document in accordance with §
262.84(d).
(4) Contracts or
equivalent arrangements must specify which party to the contract will assume
responsibility for alternate management of the hazardous wastes if their
disposition cannot be carried out as described in the notification of intent to
export submitted by either the foreign exporter or the importer. In such cases,
contracts must specify that:
(i) The
transporter or receiving facility having actual possession or physical control
over the hazardous wastes will immediately inform the foreign exporter and
importer, and the competent authority where the shipment is located of the need
to arrange alternate management or return; and
(ii) The person specified in the contract
will assume responsibility for the adequate management of the hazardous wastes
in compliance with applicable laws and rules including, if necessary, arranging
the return of the hazardous wastes and, as the case may be, shall provide the
notification for re-export required in § 262.83(b)(7).
(5) Contracts must specify that
the importer or the receiving facility that performed interim recycling
operations R12, R13, or RC16, or interim disposal operations D13 through D15 or
DC15 through DC17, as appropriate, will provide the notification required in
§ 262.83(b)(7) prior to the re-export of hazardous wastes. The recovery
and disposal operations in this paragraph are defined in §
262.81.
(6) Contracts or equivalent
arrangements must include provisions for financial guarantees, if required by
the competent authorities of any countries concerned, in accordance with
applicable national or international law requirements.
Note to Paragraph (f)(6): Financial guarantees so required are intended to provide for alternate recycling, disposal or other means of sound management of the wastes in cases where arrangements for the shipment and the recovery operations cannot be carried out as foreseen. The United States does not require such financial guarantees at this time; however, some OECD Member countries or other foreign countries do. It is the responsibility of the importer to ascertain and comply with such requirements; in some cases, persons or facilities located in those countries may refuse to enter into the necessary contracts absent specific references or certifications to financial guarantees.
(7)
Contracts or equivalent arrangements must contain provisions requiring each
contracting party to comply with all applicable requirements of this
subpart.
(8) Upon request by EPA,
importers or disposal or recovery facilities must submit to EPA copies of
contracts, chain of contracts, or equivalent arrangements (when the movement
occurs between parties controlled by the same corporate or legal
entity).
(g) Confirmation
of recovery or disposal. The receiving facility must do the following:
(1) Send copies of the signed and dated
confirmation of recovery or disposal, as soon as possible, but no later than
thirty days after completing recovery or disposal on the waste in the shipment
and no later than one calendar year following receipt of the waste, to the
foreign exporter, to the competent authority of the country of export, and for
shipments recycled or disposed of on or after the electronic import-export
reporting compliance date, to EPA electronically using EPA's Waste Import
Export Tracking System (WIETS), or its successor system.
(2) If the receiving facility performed any
of recovery operations R12, R13, or RC16, or disposal operations D13 through
D15, or DC17, the receiving facility shall promptly send copies of the
confirmation of recovery or disposal that it receives from the final recovery
or disposal facility within one year of shipment delivery to the final recovery
or disposal facility that performed one of recovery operations R1 through R11,
or RC14 to RC15, or one of disposal operations D1 through D12, or DC15 to DC16,
to the competent authority of the country of export, and for confirmations
received on or after the electronic import-export reporting compliance date, to
EPA electronically using EPA's Waste Import Export Tracking System (WIETS), or
its successor system. The recovery and disposal operations in this paragraph
are defined in § 262.81.
(h) Recordkeeping.
(1) The importer shall keep the following
records and provide them to EPA or authorized state personnel upon request:
(i) A copy of each notification that the
importer sends to EPA under paragraph (b)(1) of this section and each EPA AOC
it receives in response for a period of at least three (3) years from the date
the hazardous waste was accepted by the initial foreign transporter;
and
(ii) A copy of each contract or
equivalent arrangement established per paragraph (f) of this section for at
least three (3) years from the expiration date of the contract or equivalent
arrangement.
(2) The
receiving facility shall keep the following records:
(i) A copy of each confirmation of receipt
(i.e., movement document) that the receiving facility sends to the foreign
exporter for at least three (3) years from the date it received the hazardous
waste;
(ii) A copy of each
confirmation of recovery or disposal that the receiving facility sends to the
foreign exporter for at least three (3) years from the date that it completed
processing the waste shipment;
(iii) For the receiving facility that
performed any of recovery operations R12, R13, or RC16, or disposal operations
D13 through D15, or DC17 (recovery and disposal operations defined in §
262.81), a copy of each confirmation of recovery or disposal that the final
recovery or disposal facility sent to it for at least three (3) years from the
date that the final recovery or disposal facility completed processing the
waste shipment; and
(iv) A copy of
each contract or equivalent arrangement established per paragraph (f) of this
section for at least three (3) years from the expiration date of the contract
or equivalent arrangement.
(3) Importers and receiving facilities may
satisfy these recordkeeping requirements by retaining electronically submitted
documents in the importer's or receiving facility's account on EPA's Waste
Import Export Tracking System (WIETS), or its successor system, provided that
copies are readily available for viewing and production if requested by any EPA
or authorized state inspector. No importer or receiving facility may be held
liable for the inability to produce such documents for inspection under this
section if the importer or receiving facility can demonstrate that the
inability to produce the document is due exclusively to technical difficulty
with EPA's Waste Import Export Tracking System (WIETS), or its successor system
for which the importer or receiving facility bears no responsibility.
(4) The periods of retention referred to in
this section are extended automatically during the course of any unresolved
enforcement action regarding the regulated activity or as requested by the
Administrator.
§
262.85
[Reserved]
§ 262.86
[Reserved]
§ 262.87
[Reserved]
§
262.88
[Reserved]
§ 262.89
[Reserved]
Subsections I-J
[Reserved]
Subsection
K
-- Alternative Requirements for Hazardous Waste
Determination and Accumulation of Unwanted Material for Laboratories Owned by
Eligible Academic Entities
§
262.200
Definitions for this subsection.
The following definitions apply to this subsection:
"College/University" means a private or public, post-secondary, degree-granting, academic institution, that is accredited by an accrediting agency listed annually by the U.S. Department of Education.
"Eligible academic entity" means a college or university, or a non-profit research institute that is owned by or has a formal written affiliation agreement with a college or university, or a teaching hospital that is owned by or has a formal written affiliation agreement with a college or university.
"Formal written affiliation agreement for a non-profit research institute" means a written document that establishes a relationship between institutions for the purposes of research and/or education and is signed by authorized representatives, as defined by § 260.10 of this rule, from each institution. A relationship on a project-by-project or grant-by-grant basis is not considered a formal written affiliation agreement. A "formal written affiliation agreement for a teaching hospital" means a master affiliation agreement and program letter of agreement, as defined by the Accreditation Council for Graduate Medical Education, with an accredited medical program or medical school.
"Laboratory" means an area owned by an eligible academic entity where relatively small quantities of chemicals and other substances are used on a non-production basis for teaching or research (or diagnostic purposes at a teaching hospital) and are stored and used in containers that are easily manipulated by one person. Photo laboratories, art studios, and field laboratories are considered laboratories. Areas such as chemical stockrooms and preparatory laboratories that provide a support function to teaching or research laboratories (or diagnostic laboratories at teaching hospitals) are also considered laboratories.
"Laboratory clean-out" means an evaluation of the inventory of chemicals and other materials in a laboratory that are no longer needed or that have expired and the subsequent removal of those chemicals or other unwanted materials from the laboratory. A clean-out may occur for several reasons. It may be on a routine basis (e.g., at the end of a semester or academic year) or as a result of a renovation, relocation, or change in laboratory supervisor/occupant. A regularly scheduled removal of unwanted material as required by § 262.208 of this rule does not qualify as a laboratory clean-out.
"Laboratory worker" means a person who handles chemicals and/or unwanted material in a laboratory and may include, but is not limited to, faculty, staff, post-doctoral fellows, interns, researchers, technicians, supervisors/managers, and principal investigators. A person does not need to be paid or otherwise compensated for his/her work in the laboratory to be considered a laboratory worker. Undergraduate and graduate students in a supervised classroom setting are not laboratory workers.
"Non-profit research institute" means an organization that conducts research as its primary function and files as a non-profit organization under the tax code of 26 U.S.C. 501(c)(3).
"Reactive acutely hazardous unwanted material" means an unwanted material that is one of the acutely hazardous commercial chemical products listed in § 261.33(e) for reactivity.
"Teaching hospital" means a hospital that trains students to become physicians, nurses or other health or laboratory personnel.
"Trained professional" means a person who has completed the applicable RCRA training requirements of § 262.17for large quantity generators, or is knowledgeable about normal operations and emergencies in accordance with § 262.16 for small quantity generators and very small quantity generators. A trained professional may be an employee of the eligible academic entity or may be a contractor or vendor who meets the requisite training requirements.
"Unwanted material" means any chemical, mixtures of chemicals, products of experiments or other material from a laboratory that is no longer needed, wanted or usable in the laboratory and that is destined for hazardous waste determination by a trained professional. Unwanted materials include reactive acutely hazardous unwanted materials and materials that may eventually be determined not to be solid waste pursuant to § 261.2, or a hazardous waste pursuant to § 261.3. If an eligible academic entity elects to use another equally effective term in lieu of "unwanted material," as allowed by § 262.206(a)(1)(i), the equally effective term has the same meaning and is subject to the same requirements as "unwanted material" under this subpart.
"Working container" means a small container (i.e., two gallons or less) that is in use at a laboratory bench, hood, or other work station, to collect unwanted material from a laboratory experiment or procedure.
§ 262.201
Applicability of this subsection
(a) Large quantity generators and small
quantity generators. This Subsection provides alternative requirements to the
requirements in §§ 262.11 and 262.15 for the hazardous waste
determination and accumulation of hazardous waste in laboratories owned by
eligible academic entities that choose to be subject to this subpart, provided
that they complete the notification requirements of § 262.203.
(b) Very small quantity generators. This
Subsection provides alternative requirements to the conditional exemption in
§ 262.14for the accumulation of hazardous waste in laboratories owned by
eligible academic entities that choose to be subject to this subsection,
provided that they complete the notification requirements of §
262.203.
§ 262.202
This Subsection is optional
(a)
Large quantity generators and small quantity generators: Eligible academic
entities have the option of complying with this Subsection with respect to its
laboratories, as an alternative to complying with the requirements of
§§ 262.11 and 262.15.
(b)
Very small quantity generators. Eligible academic entities have the option of
complying with this Subsection with respect to its laboratories, as an
alternative to complying with the conditional exemption of §
262.14.
§ 262.203
How an eligible academic entity indicates it will be subject to the
requirements of this subsection
(a) An
eligible academic entity must notify the Director in writing, using the RCRA
Subtitle C Site Identification Form (EPA Form 8700-12), that it is electing to
be subject to the requirements of this Subsection for all the laboratories
owned by the eligible academic entity under the same EPA Identification Number.
An eligible academic entity that is a very small quantity generator and does
not have an EPA Identification Number must notify that it is electing to be
subject to the requirements of this Subsection for all the laboratories owned
by the eligible academic entity that are on-site, as defined by § 260.10.
An eligible academic entity must submit a separate notification (Site
Identification Form) for each EPA Identification Number (or site, for very
small quantity generators) that is electing to be subject to the requirements
of this subsection, and must submit the Site Identification Form before it
begins operating under this subsection.
(b) When submitting the Site Identification
Form, the eligible academic entity must, at a minimum, fill out the following
fields on the form:
(1) Reason for
Submittal.
(2) Site EPA
Identification Number (except for very small quantity generators).
(3) Site Name.
(4) Site Location Information.
(5) Site Land Type.
(6) North American Industry Classification
System (NAICS) Code(s) for the Site.
(7) Site Mailing Address.
(8) Site Contact Person.
(9) Operator and Legal Owner of the
Site.
(10) Type of Regulated Waste
Activity.
(11)
Certification.
(c) An
eligible academic entity must keep a copy of the notification on file at the
eligible academic entity for as long as its laboratories are subject to this
subsection.
(d) A teaching hospital
that is not owned by a college or university must keep a copy of its formal
written affiliation agreement with a college or university on file at the
teaching hospital for as long as its laboratories are subject to this
subsection.
(e) A non-profit
research institute that is not owned by a college or university must keep a
copy of its formal written affiliation agreement with a college or university
on file at the non-profit research institute for as long as its laboratories
are subject to this subsection.
§
262.204
How an eligible academic entity indicates it will
withdraw from the requirements of this subsection
(a) An eligible academic entity must notify
the Director in writing, using the RCRA Subtitle C Site Identification Form
(EPA Form 8700-12), that it is electing to no longer be subject to the
requirements of this Subsection for all the laboratories owned by the eligible
academic entity under the same EPA Identification Number and that it will
comply with the requirements of §§ 262.11 and 262.15 for small
quantity generators and large quantity generators. An eligible academic entity
that is a very small quantity generator and does not have an EPA Identification
Number must notify that it is withdrawing from the requirements of this
Subsection for all the laboratories owned by the eligible academic entity that
are on-site and that it will comply with the conditional exemption in §
262.14. An eligible academic entity must submit a separate notification (Site
Identification Form) for each EPA Identification Number (or site, for very
small quantity generators) that is withdrawing from the requirements of this
Subsection and must submit the Site Identification Form before it begins
operating under the requirements of §§ 262.11 and 262.15 for small
quantity generators and large quantity generators, or § 262.14 for very
small quantity generators.
(b) When
submitting the Site Identification Form, the eligible academic entity must, at
a minimum, fill out the following fields on the form:
(1) Reason for Submittal.
(2) Site EPA Identification Number.
(3) Site Name.
(4) Site Location Information.
(5) Site Land Type.
(6) North American Industry Classification
System (NAICS) Code(s) for the Site.
(7) Site Mailing Address.
(8) Site Contact Person.
(9) Operator and Legal Owner of the
Site.
(10) Type of Regulated Waste
Activity.
(11)
Certification.
(c) An
eligible academic entity must keep a copy of the withdrawal notice on file at
the eligible academic entity for three years from the date of the
notification.
§
262.205
Summary of the requirements of this
subsection
An eligible academic entity that chooses to be subject to this Subsection is not required to have interim status or a RCRA Part B permit for the accumulation of unwanted material and hazardous waste in its laboratories, provided the laboratories comply with the provisions of this Subsection and the eligible academic entity has a Laboratory Management Plan (LMP) in accordance with § 262.214 that describes how the laboratories owned by the eligible academic entity will comply with the requirements of this subsection.
§ 262.206
Labeling and management standards for containers of unwanted material in
the laboratory
An eligible academic entity must manage containers of unwanted material while in the laboratory in accordance with the requirements in this subsection.
(a) Labeling: Label
unwanted material as follows:
(1) The
following information must be affixed or attached to the container:
(i) The words "unwanted material" or another
equally effective term that is to be used consistently by the eligible academic
entity and that is identified in Part I of the Laboratory Management Plan,
and
(ii) Sufficient information to
alert emergency responders to the contents of the container. Examples of
information that would be sufficient to alert emergency responders to the
contents of the container include, but are not limited to:
(A) The name of the chemical(s),
(B) The type or class of chemical, such as
organic solvents or halogenated organic solvents.
(2) The following information may
be affixed or attached to the container, but must at a minimum be associated
with the container:
(i) The date that the
unwanted material first began accumulating in the container, and
(ii) Information sufficient to allow a
trained professional to properly identify whether an unwanted material is a
solid and hazardous waste and to assign the proper hazardous waste code(s),
pursuant to § 262.11. Examples of information that would allow a trained
professional to properly identify whether an unwanted material is a solid or
hazardous waste include, but are not limited to:
(A) The name and/or description of the
chemical contents or composition of the unwanted material, or, if known, the
product of the chemical reaction,
(B) Whether the unwanted material has been
used or is unused,
(C) A
description of the manner in which the chemical was produced or processed, if
applicable.
(b) Management of Containers in the
Laboratory: An eligible academic entity must properly manage containers of
unwanted material in the laboratory to assure safe storage of the unwanted
material, to prevent leaks, spills, emissions to the air, adverse chemical
reactions, and dangerous situations that may result in harm to human health or
the environment. Proper container management must include the following:
(1) Containers are maintained and kept in
good condition and damaged containers are replaced, overpacked, or repaired,
and
(2) Containers are compatible
with their contents to avoid reactions between the contents and the container;
and are made of, or lined with, material that is compatible with the unwanted
material so that the container's integrity is not impaired, and
(3) Containers must be kept closed at all
times, except:
(i) When adding, removing or
bulking unwanted material, or
(ii)
A working container may be open until the end of the procedure or work shift,
or until it is full, whichever comes first, at which time the working container
must either be closed or the contents emptied into a separate container that is
then closed, or
(iii) When venting
of a container is necessary:
(A) For the
proper operation of laboratory equipment, such as with in-line collection of
unwanted materials from high performance liquid chromatographs, or
(B) To prevent dangerous situations, such as
build-up of extreme pressure.
§ 262.207
Training
An eligible academic entity must provide training to all individuals working in a laboratory at the eligible academic entity, as follows:
(a) Training for laboratory
workers and students must be commensurate with their duties so they understand
the requirements in this Subsection and can implement them.
(b) An eligible academic entity can provide
training for laboratory workers and students in a variety of ways, including,
but not limited to:
(1) Instruction by the
professor or laboratory manager before or during an experiment; or
(2) Formal classroom training; or
(3) Electronic/written training; or
(4) On-the-job training; or
(5) Written or oral exams.
(c) An eligible academic entity
that is a large quantity generator must maintain documentation for the
durations specified in § 265.16(e) demonstrating training for all
laboratory workers that is sufficient to determine whether laboratory workers
have been trained. Examples of documentation demonstrating training can
include, but are not limited to, the following:
(1) Sign-in/attendance sheet(s) for training
session(s); or
(2) Syllabus for
training session; or
(3)
Certificate of training completion; or
(4) Test results.
(d) A trained professional must:
(1) Accompany the transfer of unwanted
material and hazardous waste when the unwanted material and hazardous waste is
removed from the laboratory, and
(2) Make the hazardous waste determination,
pursuant to § 262.11(a) through (d), for unwanted material.
§ 262.208
Removing containers of unwanted material from the laboratory
(a) Removing containers of unwanted material
on a regular schedule. An eligible academic entity must either:
(1) Remove all containers of unwanted
material from each laboratory on a regular interval, not to exceed 12 months;
or
(2) Remove containers of
unwanted material from each laboratory within 12 months of each container's
accumulation start date.
(b) The eligible academic entity must specify
in Part I of its Laboratory Management Plan whether it will comply with
paragraph (a)(1) or (a)(2) of this subsection for the regular removal of
unwanted material from its laboratories.
(c) The eligible academic entity must specify
in Part II of its Laboratory Management Plan how it will comply with paragraph
(a)(1) or (a)(2) of this section and develop a schedule for regular removals of
unwanted material from its laboratories.
(d) Removing containers of unwanted material
when volumes are exceeded.
(1) If a laboratory
accumulates a total volume of unwanted material (including reactive acutely
hazardous unwanted material) in excess of 55 gallons before the regularly
scheduled removal, the eligible academic entity must ensure that all containers
of unwanted material in the laboratory (including reactive acutely hazardous
unwanted material):
(i) Are marked on the
label that is associated with the container (or on the label that is affixed or
attached to the container, if that is preferred) with the date that 55 gallons
is exceeded; and
(ii) Are removed
from the laboratory within 10 calendar days of the date that 55 gallons was
exceeded, or at the next regularly scheduled removal, whichever comes
first.
(2) If a
laboratory accumulates more than 1 quart of reactive acutely hazardous unwanted
material or more than 1 kg (2.2 pounds) of solid reactive acutely hazardous
unwanted material before the regularly scheduled removal, then the eligible
academic entity must ensure that all containers of reactive acutely hazardous
unwanted material:
(i) Are marked on the
label that is associated with the container (or on the label that is affixed or
attached to the container, if that is preferred) with the date that 1 quart or
1kg is exceeded; and
(ii) Are
removed from the laboratory within 10 calendar days of the date that 1 quart or
1kg was exceeded, or at the next regularly scheduled removal, whichever comes
first.
§
262.209
Where and when to make the hazardous waste
determination and where to send containers of unwanted material upon removal
from the laboratory
(a) Large quantity
generators and small quantity generators-an eligible academic entity must
ensure that a trained professional makes a hazardous waste determination,
pursuant to § 262.11, for unwanted material in any of the following areas:
(1) In the laboratory before the unwanted
material is removed from the laboratory, in accordance with §
262.210;
(2) Within 4 calendar days
of arriving at an on-site central accumulation area, in accordance with §
262.211; and
(3) Within 4 calendar
days of arriving at an on-site interim status or permitted treatment, storage
or disposal facility, in accordance with § 262.212.
(b) Very small quantity generators-an
eligible academic entity must ensure that a trained professional makes a
hazardous waste determination, pursuant to § 262.11, for unwanted material
in the laboratory before the unwanted material is removed from the laboratory,
in accordance with § 262.210.
§ 262.210
Making the hazardous
waste determination in the laboratory before the unwanted material is removed
from the laboratory
If an eligible academic entity makes the hazardous waste determination, pursuant to § 262.11(a) through (d), for unwanted material in the laboratory, it must comply with the following:
(a) A trained professional must make the
hazardous waste determination, pursuant to § 262.11 (a through (d), before
the unwanted material is removed from the laboratory.
(b) If an unwanted material is a hazardous
waste, the eligible academic entity must:
(1)
Write the words "hazardous waste" on the container label that is affixed or
attached to the container, before the hazardous waste may be removed from the
laboratory; and
(2) Write the
appropriate hazardous waste code(s) on the label that is associated with the
container (or on the label that is affixed or attached to the container, if
that is preferred) before the hazardous waste is transported
off-site.
(3) Count the hazardous
waste toward the eligible academic entity's generator category, pursuant to
§ 262.13, in the calendar month that the hazardous waste determination was
made.
(c) A trained
professional must accompany all hazardous waste that is transferred from the
laboratory(ies) to an on-site central accumulation area or on-site interim
status or permitted treatment, storage or disposal facility.
(d) When hazardous waste is removed from the
laboratory:
(1) Large quantity generators and
small quantity generators must ensure it is taken directly from the
laboratory(ies) to an on-site central accumulation area, or on-site interim
status or permitted treatment, storage or disposal facility, or transported
off-site.
(2) Very small quantity
generators must ensure it is taken directly from the laboratory(ies) to any of
the types of facilities listed in §262.14.
(e) An unwanted material that is a hazardous
waste is subject to all applicable hazardous waste rules when it is removed
from the laboratory.
§
262.211
Making the hazardous waste determination at an
on-site central accumulation area
If an eligible academic entity makes the hazardous waste determination, pursuant to § 262.11, for unwanted material at an on-site central accumulation area, it must comply with the following:
(a) A trained professional must accompany all
unwanted material that is transferred from the laboratory(ies) to an on-site
central accumulation area.
(b) All
unwanted material removed from the laboratory(ies) must be taken directly from
the laboratory(ies) to the on-site central accumulation area.
(c) The unwanted material becomes subject to
the generator accumulation rules of §262.16 for small quantity generators
or §262.17 for large quantity generators as soon as it arrives in the
central accumulation area, except for the "hazardous waste" labeling conditions
of §262.16(b)(6) and §262.17(a)(5).
(d) A trained professional must determine,
pursuant to § 262.11(a) through (d), if the unwanted material is a
hazardous waste within 4 calendar days of the unwanted materials' arrival at
the on-site central accumulation area.
(e) If the unwanted material is a hazardous
waste, the eligible academic entity must:
(1)
Write the words "hazardous waste" on the container label that is affixed or
attached to the container, within 4 calendar days of arriving at the on-site
central accumulation area and before the hazardous waste may be removed from
the on-site central accumulation area, and
(2) Write the appropriate hazardous waste
code(s) on the container label that is associated with the container (or on the
label that is affixed or attached to the container, if that is preferred)
before the hazardous waste may be treated or disposed of on-site or transported
off-site, and
(3) Count the
hazardous waste toward the eligible academic entity's generator category,
pursuant to § 262.13 in the calendar month that the hazardous waste
determination was made, and
(4)
Manage the hazardous waste according to all applicable hazardous waste rules.
§ 262.212
Making the hazardous waste determination at an on-site interim status or
permitted treatment, storage or disposal facility
If an eligible academic entity makes the hazardous waste determination, pursuant to § 262.11, for unwanted material at an on-site interim status or permitted treatment, storage or disposal facility, it must comply with the following:
(a) A
trained professional must accompany all unwanted material that is transferred
from the laboratory(ies) to an on-site interim status or permitted treatment,
storage or disposal facility.
(b)
All unwanted material removed from the laboratory(ies) must be taken directly
from the laboratory(ies) to the on-site interim status or permitted treatment,
storage or disposal facility.
(c)
The unwanted material becomes subject to the terms of the eligible academic
entity's hazardous waste permit or interim status as soon as it arrives in the
on-site treatment, storage or disposal facility.
(d) A trained professional must determine,
pursuant to § 262.11(a) through (d), if the unwanted material is a
hazardous waste within 4 calendar days of the unwanted materials' arrival at an
on-site interim status or permitted treatment, storage or disposal
facility.
(e) If the unwanted
material is a hazardous waste, the eligible academic entity must:
(1) Write the words "hazardous waste" on the
container label that is affixed or attached to the container within 4 calendar
days of arriving at the on-site interim status or permitted treatment, storage
disposal facility and before the hazardous waste may be removed from the
on-site interim status or permitted treatment, storage or disposal facility,
and
(2) Write the appropriate
hazardous waste code(s) on the container label that is associated with the
container (or on the label that is affixed or attached to the container, if
that is preferred) before the hazardous waste may be treated or disposed
on-site or transported off-site, and
(3) Count the hazardous waste toward the
eligible academic entity's generator status, pursuant to § 261.5(c) and
(d) in the calendar month that the hazardous waste determination was made,
and
(4) Manage the hazardous waste
according to all applicable hazardous waste rules.
§ 262.213
Laboratory clean-outs
(a) One time per
12 month period for each laboratory, an eligible academic entity may opt to
conduct a laboratory clean-out that is subject to all the applicable
requirements of this subpart, except that:
(1) If the volume of unwanted material in the
laboratory exceeds 55 gallons (or 1 quart of liquid reactive acutely hazardous
unwanted material or 1kg of solid reactive acutely hazardous unwanted
material), the eligible academic entity is not required to remove all unwanted
materials from the laboratory within 10 calendar days of exceeding 55 gallons
(or 1 quart of liquid reactive acutely hazardous unwanted material or 1kg of
solid reactive acutely hazardous unwanted material), as required by §
262.208. Instead, the eligible academic entity must remove all unwanted
materials from the laboratory within 30 calendar days from the start of the
laboratory clean-out; and
(2) For
the purposes of on-site accumulation, an eligible academic entity is not
required to count a hazardous waste that is an unused commercial chemical
product (listed in Section 261, Subsection D of this rule or exhibiting one or
more characteristics in Section 261, Subsection C of this rule) generated
solely during the laboratory clean-out toward its hazardous waste generator
status, pursuant to §262.13. An unwanted material that is generated prior
to the beginning of the laboratory clean-out and is still in the laboratory at
the time the laboratory clean-out commences must be counted toward hazardous
waste generator status, pursuant to §262.13, if it is determined to be
hazardous waste; and
(3) For the
purposes of off-site management, an eligible academic entity must count all its
hazardous waste, regardless of whether the hazardous waste was counted toward
generator status under paragraph (a)(2) of this section, and if it generates
more than 1 kg/month of acute hazardous waste or more than 100 kg/month of
hazardous waste (i.e., the very small quantity generator limits as defined in
§260.10 of this rule), the hazardous waste is subject to all applicable
hazardous waste rules when it is transported off-site; and
(4) An eligible academic entity must document
the activities of the laboratory clean-out. The documentation must, at a
minimum, identify the laboratory being cleaned out, the date the laboratory
clean-out begins and ends, and the volume of hazardous waste generated during
the laboratory clean-out. The eligible academic entity must maintain the
records for a period of three years from the date the clean-out ends;
and
(b) For all other
laboratory clean-outs conducted during the same 12-month period, an eligible
academic entity is subject to all the applicable requirements of this subpart,
including, but not limited to:
(1) The
requirement to remove all unwanted materials from the laboratory within 10
calendar days of exceeding 55 gallons (or 1 quart of reactive acutely hazardous
unwanted material), as required by § 262.208; and
(2) The requirement to count all hazardous
waste, including unused hazardous waste, generated during the laboratory
clean-out toward its hazardous waste generator category, pursuant to
§262.13.
§
262.214
Laboratory management plan
An eligible academic entity must develop and retain a written Laboratory Management Plan, or revise an existing written plan. The Laboratory Management Plan is a site-specific document that describes how the eligible academic entity will manage unwanted materials in compliance with this subpart. An eligible academic entity may write one Laboratory Management Plan for all the laboratories owned by the eligible academic entity that have opted into this subpart, even if the laboratories are located at sites with different EPA Identification Numbers. The Laboratory Management Plan must contain two parts with a total of nine elements identified in paragraphs (a) and (b) of this section. In Part I of its Laboratory Management Plan, an eligible academic entity must describe its procedures for each of the elements listed in paragraph (a) of this section. An eligible academic entity must implement and comply with the specific provisions that it develops to address the elements in Part I of the Laboratory Management Plan. In Part II of its Laboratory Management Plan, an eligible academic entity must describe its best management practices for each of the elements listed in paragraph (b) of this section. The specific actions taken by an eligible academic entity to implement each element in Part II of its Laboratory Management Plan may vary from the procedures described in the eligible academic entity's Laboratory Management Plan, without constituting a violation of this subpart. An eligible academic entity may include additional elements and best management practices in Part II of its Laboratory Management Plan if it chooses.
(a) The eligible academic entity must
implement and comply with the specific provisions of Part I of its Laboratory
Management Plan. In Part I of its Laboratory Management Plan, an eligible
academic entity must:
(1) Describe procedures
for container labeling in accordance with §262.206(a), including:
(i) Identifying whether the eligible academic
entity will use the term "unwanted material" on the containers in the
laboratory. If not, identify an equally effective term that will be used in
lieu of "unwanted material" and consistently by the eligible academic entity.
The equally effective term, if used, has the same meaning and is subject to the
same requirements as "unwanted material."
(ii) Identifying the manner in which
information that is "associated with the container" will be imparted.
(2) Identify whether the eligible
academic entity will comply with §262.208(a)(1) or (a)(2) for regularly
scheduled removals of unwanted material from the laboratory.
(b) In Part II of its Laboratory
Management Plan, an eligible academic entity must:
(1) Describe its intended best practices for
container labeling and management, (see the required standards at
§262.206).
(2) Describe its
intended best practices for providing training for laboratory workers and
students commensurate with their duties (see the required standards at
§262.207(a)).
(3) Describe its
intended best practices for providing training to ensure safe on-site transfers
of unwanted material and hazardous waste by trained professionals (see the
required standards at §262.207(d)(1)).
(4) Describe its intended best practices for
removing unwanted material from the laboratory, including:
(i) For regularly scheduled removals-Develop
a regular schedule for identifying and removing unwanted materials from its
laboratories (see the required standards at §262.208(a)(1) and
(a)(2)).
(ii) For removals when
maximum volumes are exceeded:
(A) Describe its
intended best practices for removing unwanted materials from the laboratory
within 10 calendar days when unwanted materials have exceeded their maximum
volumes (see the required standards at §262.208(d)).
(B) Describe its intended best practices for
communicating that unwanted materials have exceeded their maximum
volumes.
(5)
Describe its intended best practices for making hazardous waste determinations,
including specifying the duties of the individuals involved in the process (see
the required standards at §262.11(a) through (d) and §§262.209
through 262.212).
(6) Describe its
intended best practices for laboratory clean-outs, if the eligible academic
entity plans to use the incentives for laboratory clean-outs provided in
§262.213, including:
(i) Procedures for
conducting laboratory clean-outs (see the required standards at
§262.213(a)(1) through (3)); and
(ii) Procedures for documenting laboratory
clean-outs (see the required standards at §262.213(a)(4)).
(7) Describe its intended best
practices for emergency prevention, including:
(i) Procedures for emergency prevention,
notification, and response, appropriate to the hazards in the laboratory;
and
(ii) A list of chemicals that
the eligible academic entity has, or is likely to have, that become more
dangerous when they exceed their expiration date and/or as they degrade;
and
(iii) Procedures to safely
dispose of chemicals that become more dangerous when they exceed their
expiration date and/or as they degrade; and
(iv) Procedures for the timely
characterization of unknown chemicals.
(c) An eligible academic entity must make its
Laboratory Management Plan available to laboratory workers, students, or any
others at the eligible academic entity who request it.
(d) An eligible academic entity must review
and revise its Laboratory Management Plan, as needed.
§ 262.215
Unwanted material that
is not solid or hazardous waste
(a) If
an unwanted material does not meet the definition of solid waste in §
261.2, it is no longer subject to this Subsection or to the RCRA hazardous
waste rules.
(b) If an unwanted
material does not meet the definition of hazardous waste in § 261.3, it is
no longer subject to this Subsection or to the RCRA hazardous waste rules, but
must be managed in compliance with any other applicable rules and/or
conditions.
§
262.216
Non-laboratory hazardous waste generated at an
eligible academic entity
An eligible academic entity that generates hazardous waste outside of a laboratory is not eligible to manage that hazardous waste under this subpart; and
(a) Remains subject
to the generator requirements of §§ 262.11 and 262.15 for large
quantity generators and small quantity generators (if the hazardous waste is
managed in a satellite accumulation area), and all other applicable generator
requirements of Section 262 of this rule, with respect to that hazardous waste;
or
(b) Remains subject to the
conditional exemption of §262.14 for very small quantity generators, with
respect to that hazardous waste.
Subsection L
-- Alternative Standards
for Episodic Generation
§ 262.230
Applicability
This subsection is applicable to very small quantity generators and small quantity generators as defined in §260.10 of this rule.
§ 262.231
Definitions for this subsection
"Episodic event" means an activity or activities, either planned or unplanned, that does not normally occur during generator operations, resulting in an increase in the generation of hazardous wastes that exceeds the calendar month quantity limits for the generator's usual category.
"Planned episodic event" means an episodic event that the generator planned and prepared for, including regular maintenance, tank cleanouts, short-term projects, and removal of excess chemical inventory
"Unplanned episodic event" means an episodic event that the generator did not plan or reasonably did not expect to occur, including production process upsets, product recalls, accidental spills, or "acts of nature," such as tornado, hurricane, or flood.
§ 262.232
Conditions for a
generator managing hazardous waste from an episodic event
(a) Very small quantity generator. A very
small quantity generator may maintain its existing generator category for
hazardous waste generated during an episodic event provided that the generator
complies with the following conditions:
(1)
The very small quantity generator is limited to one episodic event per calendar
year, unless a petition is granted under §262.233;
(2) Notification. The very small quantity
generator must notify the Director no later than thirty (30) calendar days
prior to initiating a planned episodic event using EPA Form 8700-12. In the
event of an unplanned episodic event, the generator must notify the Director
within 72 hours of the unplanned event via phone, email, or fax and
subsequently submit EPA Form 8700-12. The generator shall include the start
date and end date of the episodic event, the reason(s) for the event, types and
estimated quantities of hazardous waste expected to be generated as a result of
the episodic event, and shall identify a facility contact and emergency
coordinator with 24-hour telephone access to discuss the notification submittal
or respond to an emergency in compliance with §262.16(b)(9)(i);
(3) EPA ID Number. The very small quantity
generator must have an EPA identification number or obtain an EPA
identification number using EPA Form 8700-12;
(4) Accumulation. A very small quantity
generator is prohibited from accumulating hazardous waste generated from an
episodic event on drip pads and in containment buildings. When accumulating
hazardous waste in containers and tanks the following conditions apply:
(i) Containers. A very small quantity
generator accumulating in containers must mark or label its containers with the
following:
(A) The words "Episodic Hazardous
Waste";
(B) An indication of the
hazards of the contents (examples include, but are not limited to, the
applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive,
reactive, toxic); hazard communication consistent with the Department of
Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart
F (placarding); a hazard statement or pictogram consistent with the
Occupational Safety and Health Administration Hazard Communication Standard at
29 CFR
1910.1200; or a chemical hazard label
consistent with the National Fire Protection Association code 704);
and
(C) The date upon which the
episodic event began, clearly visible for inspection on each
container.
(ii) Tanks. A
very small quantity generator accumulating episodic hazardous waste in tanks
must do the following:
(A) Mark or label the
tank with the words "Episodic Hazardous Waste";
(B) Mark or label its tanks with an
indication of the hazards of the contents (examples include, but are not
limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable,
corrosive, reactive, toxic); hazard communication consistent with the
Department of Transportation requirements at 49 CFR part 172 subpart E
(labeling) or subpart F (placarding); a hazard statement or pictogram
consistent with the Occupational Safety and Health Administration Hazard
Communication Standard at
29 CFR
1910.1200; or a chemical hazard label
consistent with the National Fire Protection Association code 704);
(C) Use inventory logs, monitoring equipment
or other records to identify the date upon which each episodic event begins;
and
(D) Keep inventory logs or
records with the above information on site and readily available for
inspection.
(iii)
Hazardous waste must be managed in a manner that minimizes the possibility of a
fire, explosion, or release of hazardous waste or hazardous waste constituents
to the air, soil, or water;
(A) Containers
must be in good condition and compatible with the hazardous waste being
accumulated therein. Containers must be kept closed except to add or remove
waste; and.
(B) Tanks must be in
good condition and compatible with the hazardous waste accumulated therein.
Tanks must have procedures in place to prevent the overflow (e.g., be equipped
with a means to stop inflow with systems such as a waste feed cutoff system or
bypass system to a standby tank when hazardous waste is continuously fed into
the tank). Tanks must be inspected at least once each operating day to ensure
all applicable discharge control equipment, such as waste feed cutoff systems,
bypass systems, and drainage systems are in good working order and to ensure
the tank is operated according to its design by reviewing the data gathered
from monitoring equipment such as pressure and temperature gauges from the
inspection.
(5)
The very small quantity generator must comply with the hazardous waste manifest
provisions of subsection B of this section when it sends its episodic event
hazardous waste off site to a designated facility, as defined in §260.10
of this chapter.
(6) The very small
quantity generator has up to sixty (60) calendar days from the start of the
episodic event to manifest and send its hazardous waste generated from the
episodic event to a designated facility, as defined in §260.10 of this
chapter.
(7) Very small quantity
generators must maintain the following records for three (3) years from the end
date of the episodic event:
(i) Beginning and
end dates of the episodic event;
(ii) A description of the episodic
event;
(iii) A description of the
types and quantities of hazardous wastes generated during the event;
(iv) A description of how the hazardous waste
was managed as well as the name of the RCRA-designated facility that received
the hazardous waste;
(v) Name(s) of
hazardous waste transporters; and
(vi) An approval letter from the Director if
the generator petitioned to conduct one additional episodic event per calendar
year.
(b) Small
quantity generators. A small quantity generator may maintain its existing
generator category during an episodic event provided that the generator
complies with the following conditions:
(1)
The small quantity generator is limited to one episodic event per calendar year
unless a petition is granted under §262.233;
(2) Notification. The small quantity
generator must notify the Director no later than thirty (30) calendar days
prior to initiating a planned episodic event using EPA Form 8700-12. In the
event of an unplanned episodic event, the small quantity generator must notify
the Director within 72 hours of the unplanned event via phone, email, or fax,
and subsequently submit EPA Form 8700-12. The small quantity generator shall
include the start date and end date of the episodic event and the reason(s) for
the event, types and estimated quantities of hazardous wastes expected to be
generated as a result of the episodic event, and identify a facility contact
and emergency coordinator with 24-hour telephone access to discuss the
notification submittal or respond to emergency;
(3) EPA ID Number. The small quantity
generator must have an EPA identification number or obtain an EPA
identification number using EPA Form 8700-12; and
(4) Accumulation by small quantity
generators. A small quantity generator is prohibited from accumulating
hazardous wastes generated from an episodic event waste on drip pads and in
containment buildings. When accumulating hazardous waste generated from an
episodic event in containers and tanks, the following conditions apply:
(i) Containers. A small quantity generator
accumulating episodic hazardous waste in containers must meet the standards at
§262.16(b)(2) of this chapter and must mark or label its containers with
the following:
(A) The words "Episodic
Hazardous Waste";
(B) An indication
of the hazards of the contents (examples include, but are not limited to, the
applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive,
reactive, toxic); hazard communication consistent with the Department of
Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart
F (placarding); a hazard statement or pictogram consistent with the
Occupational Safety and Health Administration Hazard Communication Standard at
29 CFR
1910.1200; or a chemical hazard label
consistent with the National Fire Protection Association code 704);
and
(C) The date upon which the
episodic event began, clearly visible for inspection on each
container.
(ii) Tanks. A
small quantity generator accumulating episodic hazardous waste in tanks must
meet the standards at §262.16(b)(3) and must do the following:
(A) Mark or label its tank with the words
"Episodic Hazardous Waste";
(B)
Mark or label its tanks with an indication of the hazards of the contents
(examples include, but are not limited to, the applicable hazardous waste
characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard
communication consistent with the Department of Transportation requirements at
49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard
statement or pictogram consistent with the Occupational Safety and Health
Administration Hazard Communication Standard at
29 CFR
1910.1200; or a chemical hazard label
consistent with the National Fire Protection Association code 704);
(C) Use inventory logs, monitoring equipment
or other records to identify the date upon which each period of accumulation
begins and ends; and
(D) Keep
inventory logs or records with the above information on site and available for
inspection.
(5) The small quantity generator must treat
hazardous waste generated from an episodic event on site or manifest and ship
such hazardous waste off site to a designated facility (as defined by
§260.10 of this chapter) within sixty (60) calendar days from the start of
the episodic event.
(6) The small
quantity generator must maintain the following records for three (3) years from
the end date of the episodic event:
(i)
Beginning and end dates of the episodic event;
(ii) A description of the episodic
event;
(iii) A description of the
types and quantities of hazardous wastes generated during the event;
(iv) A description of how the hazardous waste
was managed as well as the name of the designated facility (as defined by
§260.10 of this chapter) that received the hazardous waste;
(v) Name(s) of hazardous waste transporters;
and
(vi) An approval letter from
the Director if the generator petitioned to conduct one additional episodic
event per calendar year.
§ 262.233
Petition to manage one
additional episodic event per calendar year
(a) A generator may petition the Director for
a second episodic event in a calendar year without impacting its generator
category under the following conditions:
(1)
If a very small quantity generator or small quantity generator has already held
a planned episodic event in a calendar year, the generator may petition the
Director for an additional unplanned episodic event in that calendar year
within 72 hours of the unplanned event.
(2) If a very small quantity generator or
small quantity generator has already held an unplanned episodic event in a
calendar year, the generator may petition the Director for an additional
planned episodic event in that calendar year.
(b) The petition must include the following:
(1) The reason(s) why an additional episodic
event is needed and the nature of the episodic event;
(2) The estimated amount of hazardous waste
to be managed from the event;
(3)
How the hazardous waste is to be managed;
(4) The estimated length of time needed to
complete management of the hazardous waste generated from the episodic
event-not to exceed sixty (60) days; and
(5) Information regarding the previous
episodic event managed by the generator, including the nature of the event,
whether it was a planned or unplanned event, and how the generator complied
with the conditions.
(c)
The petition must be made to the Director in writing, either on paper or
electronically.
(d) The generator
must retain written approval in its records for three (3) years from the date
the episodic event ended.
Subsection M
-- Preparedness,
Prevention, and Emergency Procedures for Large Quantity Generators
§ 262.250
Applicability
The rules of this subsection apply to those areas of a large quantity generator where hazardous waste is generated or accumulated on site.
§ 262.251
Maintenance and operation of facility
A large quantity generator must maintain and operate its facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment.
§ 262.252
Required equipment
All areas deemed applicable by §262.250 must be equipped with the items in paragraphs (a) through (d) of this section (unless none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below or the actual hazardous waste generation or accumulation area does not lend itself for safety reasons to have a particular kind of equipment specified below). A large quantity generator may determine the most appropriate locations within its facility to locate equipment necessary to prepare for and respond to emergencies:
(a) An internal communications or alarm
system capable of providing immediate emergency instruction (voice or signal)
to facility personnel;
(b) A
device, such as a telephone (immediately available at the scene of operations)
or a handheld two-way radio, capable of summoning emergency assistance from
local police departments, fire departments, or state or local emergency
response teams;
(c) Portable fire
extinguishers, fire control equipment (including special extinguishing
equipment, such as that using foam, inert gas, or dry chemicals), spill control
equipment, and decontamination equipment; and
(d) Water at adequate volume and pressure to
supply water hose streams, or foam producing equipment, or automatic
sprinklers, or water spray systems.
§ 262.253
Testing and maintenance
of equipment
All communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained as necessary to assure its proper operation in time of emergency.
§ 262.254
Access to communications or alarm system
(a) Whenever hazardous waste is being poured,
mixed, spread, or otherwise handled, all personnel involved in the operation
must have immediate access (e.g., direct or unimpeded access)
to an internal alarm or emergency communication device, either directly or
through visual or voice contact with another employee, unless
such a device is not required under §262.252.
(b) In the event there is just one employee
on the premises while the facility is operating, the employee must have
immediate access (e.g., direct or unimpeded access) to a
device, such as a telephone (immediately available at the scene of operation)
or a hand-held two-way radio, capable of summoning external emergency
assistance, unless such a device is not required under
§262.252.
§
262.255
Required aisle space
The large quantity generator must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless aisle space is not needed for any of these purposes.
§ 262.256
Arrangements with local authorities
(a) The large quantity generator must attempt
to make arrangements with the local police department, fire department, other
emergency response teams, emergency response contractors, equipment suppliers,
and local hospitals, taking into account the types and quantities of hazardous
wastes handled at the facility. Arrangements may be made with the Local
Emergency Planning Committee, if it is determined to be the appropriate
organization with which to make arrangements.
(1) A large quantity generator attempting to
make arrangements with its local fire department must determine the potential
need for the services of the local police department, other emergency response
teams, emergency response contractors, equipment suppliers and local
hospitals.
(2) As part of this
coordination, the large quantity generator shall attempt to make arrangements,
as necessary, to familiarize the above organizations with the layout of the
facility, the properties of the hazardous waste handled at the facility and
associated hazards, places where personnel would normally be working, entrances
to roads inside the facility, and possible evacuation routes as well as the
types of injuries or illnesses which could result from fires, explosions, or
releases at the facility.
(3) Where
more than one police or fire department might respond to an emergency, the
large quantity generator shall attempt to make arrangements designating primary
emergency authority to a specific fire or police department, and arrangements
with any others to provide support to the primary emergency
authority.
(b) The large
quantity generator shall maintain records documenting the arrangements with the
local fire department as well as any other organization necessary to respond to
an emergency. This documentation must include documentation in the operating
record that either confirms such arrangements actively exist or, in cases where
no arrangements exist, confirms that attempts to make such arrangements were
made.
(c) A facility possessing
24-hour response capabilities may seek a waiver from the authority having
jurisdiction (AHJ) over the fire code within the facility's state or locality
as far as needing to make arrangements with the local fire department as well
as any other organization necessary to respond to an emergency, provided that
the waiver is documented in the operating record.
§ 262.260
Purpose and
implementation of contingency plan
(a)
A large quantity generator must have a contingency plan for the facility. The
contingency plan must be designed to minimize hazards to human health or the
environment from fires, explosions, or any unplanned sudden or non-sudden
release of hazardous waste or hazardous waste constituents to air, soil, or
surface water.
(b) The provisions
of the plan must be carried out immediately whenever there is a fire,
explosion, or release of hazardous waste or hazardous waste constituents which
could threaten human health or the environment.
§ 262.261
Content of contingency
plan
(a) The contingency plan must
describe the actions facility personnel must take to comply with
§§262.260 and 262.265 in response to fires, explosions, or any
unplanned sudden or non-sudden release of hazardous waste or hazardous waste
constituents to air, soil, or surface water at the facility.
(b) If the generator has already prepared a
Spill Prevention, Control, and Countermeasures (SPCC) Plan in accordance with
part 112 of this chapter, or some other emergency or contingency plan, it need
only amend that plan to incorporate hazardous waste management provisions that
are sufficient to comply with the standards of this part. The generator may
develop one contingency plan that meets all regulatory standards. EPA
recommends that the plan be based on the National Response Team's Integrated
Contingency Plan Guidance ("One Plan").
(c) The plan must describe arrangements
agreed to with the local police department, fire department, other emergency
response teams, emergency response contractors, equipment suppliers, local
hospitals or, if applicable, the Local Emergency Planning Committee, pursuant
to §262.256.
(d) The plan must
list names and emergency telephone numbers of all persons qualified to act as
emergency coordinator (see §262.264), and this list must be kept up to
date. Where more than one person is listed, one must be named as primary
emergency coordinator and others must be listed in the order in which they will
assume responsibility as alternates. In situations where the generator facility
has an emergency coordinator continuously on duty because it operates 24 hours
per day, every day of the year, the plan may list the staffed position
(e.g., operations manager, shift coordinator, shift operations
supervisor) as well as an emergency telephone number that can be guaranteed to
be answered at all times.
(e) The
plan must include a list of all emergency equipment at the facility (such as
fire extinguishing systems, spill control equipment, communications and alarm
systems (internal and external), and decontamination equipment), where this
equipment is required. This list must be kept up to date. In addition, the plan
must include the location and a physical description of each item on the list,
and a brief outline of its capabilities.
(f) The plan must include an evacuation plan
for generator personnel where there is a possibility that evacuation could be
necessary. This plan must describe signal(s) to be used to begin evacuation,
evacuation routes, and alternate evacuation routes (in cases where the primary
routes could be blocked by releases of hazardous waste or fires).
§ 262.262
Copies of
contingency plan
A copy of the contingency plan and all revisions to the plan must be maintained at the large quantity generator and-
(a) The large quantity generator must submit
a copy of the contingency plan and all revisions to all local emergency
responders (i.e., police departments, fire departments,
hospitals and State and local emergency response teams that may be called upon
to provide emergency services). This document may also be submitted to the
Local Emergency Planning Committee, as appropriate.
(b) A large quantity generator that first
becomes subject to these provisions after May 30, 2017 or a large quantity
generator that is otherwise amending its contingency plan must at that time
submit a quick reference guide of the contingency plan to the local emergency
responders identified at paragraph (a) of this section or, as appropriate, the
Local Emergency Planning Committee. The quick reference guide must include the
following elements:
(1) The types/names of
hazardous wastes in layman's terms and the associated hazard associated with
each hazardous waste present at any one time (e.g., toxic
paint wastes, spent ignitable solvent, corrosive acid);
(2) The estimated maximum amount of each
hazardous waste that may be present at any one time;
(3) The identification of any hazardous
wastes where exposure would require unique or special treatment by medical or
hospital staff;
(4) A map of the
facility showing where hazardous wastes are generated, accumulated and treated
and routes for accessing these wastes;
(5) A street map of the facility in relation
to surrounding businesses, schools and residential areas to understand how best
to get to the facility and also evacuate citizens and workers;
(6) The locations of water supply
(e.g., fire hydrant and its flow rate);
(7) The identification of on-site
notification systems (e.g., a fire alarm that rings off site,
smoke alarms); and
(8) The name of
the emergency coordinator(s) and 7/24-hour emergency telephone number(s) or, in
the case of a facility where an emergency coordinator is continuously on duty,
the emergency telephone number for the emergency coordinator.
(c) Generators must update, if
necessary, their quick reference guides, whenever the contingency plan is
amended and submit these documents to the local emergency responders identified
at paragraph (a) of this section or, as appropriate, the Local Emergency
Planning Committee.
§
262.263
Amendment of contingency plan
The contingency plan must be reviewed, and immediately amended, if necessary, whenever:
(a) Applicable
rules are revised;
(b) The plan
fails in an emergency;
(c) The
generator facility changes-in its design, construction, operation, maintenance,
or other circumstances-in a way that materially increases the potential for
fires, explosions, or releases of hazardous waste or hazardous waste
constituents, or changes the response necessary in an emergency;
(d) The list of emergency coordinators
changes; or
(e) The list of
emergency equipment changes.
§
262.264
Emergency coordinator
At all times, there must be at least one employee either on the generator's premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures and implementing the necessary emergency procedures outlined in §262.265. Although responsibilities may vary depending on factors such as type and variety of hazardous waste(s) handled by the facility, as well as type and complexity of the facility, this emergency coordinator must be thoroughly familiar with all aspects of the generator's contingency plan, all operations and activities at the facility, the location and characteristics of hazardous waste handled, the location of all records within the facility, and the facility's layout. In addition, this person must have the authority to commit the resources needed to carry out the contingency plan.
§ 262.265
Emergency
procedures
(a) Whenever there is an
imminent or actual emergency situation, the emergency coordinator (or his
designee when the emergency coordinator is on call) must immediately:
(1) Activate internal facility alarms or
communication systems, where applicable, to notify all facility personnel;
and
(2) Notify appropriate state or
local agencies with designated response roles if their help is
needed.
(b) Whenever
there is a release, fire, or explosion, the emergency coordinator must
immediately identify the character, exact source, amount, and areal extent of
any released materials. The emergency coordinator may do this by observation or
review of the facility records or manifests and, if necessary, by chemical
analysis.
(c) Concurrently, the
emergency coordinator must assess possible hazards to human health or the
environment that may result from the release, fire, or explosion. This
assessment must consider both direct and indirect effects of the release, fire,
or explosion (e.g., the effects of any toxic, irritating, or
asphyxiating gases that are generated, or the effects of any hazardous surface
water run-offs from water or chemical agents used to control fire and
heat-induced explosions).
(d) If
the emergency coordinator determines that the facility has had a release, fire,
or explosion which could threaten human health, or the environment, outside the
facility, the emergency coordinator must report the findings as follows:
(1) If the assessment indicates that
evacuation of local areas may be advisable, the emergency coordinator must
immediately notify appropriate local authorities. The emergency coordinator
must be available to help appropriate officials decide whether local areas
should be evacuated; and
(2) The
emergency coordinator must immediately notify either the government official
designated as the on-scene coordinator for that geographical area, or the
National Response Center (using their 24-hour toll free number 800/424-8802).
The report must include:
(i) Name and
telephone number of reporter;
(ii)
Name and address of the generator;
(iii) Time and type of incident
(e.g., release, fire);
(iv) Name and quantity of material(s)
involved, to the extent known;
(v)
The extent of injuries, if any; and
(vi) The possible hazards to human health, or
the environment, outside the facility.
(e) During an emergency, the emergency
coordinator must take all reasonable measures necessary to ensure that fires,
explosions, and releases do not occur, recur, or spread to other hazardous
waste at the generator's facility. These measures must include, where
applicable, stopping processes and operations, collecting and containing
released hazardous waste, and removing or isolating containers.
(f) If the generator stops operations in
response to a fire, explosion or release, the emergency coordinator must
monitor for leaks, pressure buildup, gas generation, or ruptures in valves,
pipes, or other equipment, wherever this is appropriate.
(g) Immediately after an emergency, the
emergency coordinator must provide for treating, storing, or disposing of
recovered waste, contaminated soil or surface water, or any other material that
results from a release, fire, or explosion at the facility. Unless the
generator can demonstrate, in accordance with §261.3(c) or (d) of this
chapter, that the recovered material is not a hazardous waste, then it is a
newly generated hazardous waste that must be managed in accordance with all the
applicable requirements and conditions for exemption in parts 262, 263, and 265
of this chapter.
(h) The emergency
coordinator must ensure that, in the affected area(s) of the facility:
(1) No hazardous waste that may be
incompatible with the released material is treated, stored, or disposed of
until cleanup procedures are completed; and
(2) All emergency equipment listed in the
contingency plan is cleaned and fit for its intended use before operations are
resumed.
(i) The
generator must note in the operating record the time, date, and details of any
incident that requires implementing the contingency plan. Within 15 days after
the incident, the generator must submit a written report on the incident to the
Director. The report must include:
(1) Name,
address, and telephone number of the generator;
(2) Date, time, and type of incident
(e.g., fire, explosion);
(3) Name and quantity of material(s)
involved;
(4) The extent of
injuries, if any;
(5) An assessment
of actual or potential hazards to human health or the environment, where this
is applicable; and
(6) Estimated
quantity and disposition of recovered material that resulted from the incident.
Appendix I Section 262 [Reserved]
Section 263.
- STANDARDS APPLICABLE TO
TRANSPORTERS OF HAZARDOUS WASTE
Subsection
A
-- General
§
263.10
Scope
(a)
These rules establish standards which apply to persons transporting hazardous
waste within the State of Arkansas if the transportation requires a manifest
under Section 262 of this rule.
(b)
These rules do not apply to on-site transportation of hazardous waste by
generators or by owners or operators of permitted hazardous waste management
facilities.
(c) A transporter of
hazardous waste must also comply with Section 262, Standards Applicable to
Generators of Hazardous Waste, if he:
(1)
Transports hazardous waste into the United States from abroad; or
(2) Mixes hazardous wastes of different DOT
shipping descriptions by placing them into a single container.
(d) A transporter of hazardous
waste that is being imported from or exported to any of the countries listed in
Section 262.58(a)(1) for purposes of recovery is subject to this Subsection and
to all other relevant requirements of Subsection H of Section Part 262,
including, but not limited to, Section 262.84 for movement documents.
(e)
All persons who transport
hazardous waste in or through any part of the State of Arkansas shall first
obtain permits for such activity as required by §
263.13.
(f) The rules in
this Section do not apply to transportation during an explosives or munitions
emergency response, conducted in accordance with §§ 264.1(g)(8)(i)(D)
or (iv) or 265.1(c)(11)(i)(D) or (iv), and 270.1(c)(3)(i)(D) or
(iii).
(g) Section 266.203 of this
Rule identifies how the requirements of this Section apply to military
munitions classified as solid waste under § 266.202.
§ 263.11
EPA identification
number
(a) A transporter must not
transport hazardous wastes in or through Arkansas without having received an
EPA identification number.
(b) A
transporter who has not received an EPA identification number may obtain one by
applying to the Director (for Arkansas companies) using EPA Form 8700-12
(AR-11-91R)(Notification of Regulated Waste Activity). Upon receiving the
request, the Director will assign an EPA identification number to the
transporter.
(c)
Any
person who operates a hazardous waste transfer facility in the State of
Arkansas shall first obtain a separate and unique EPA identification number for
each transfer facility.
§ 263.12
Transfer facility
requirements
(a) A transporter who
stores manifested shipments of hazardous waste in containers meeting the
requirements of § 262.30 at a transfer facility for a period of ten days
or less is not subject to rule under Sections 264, 265, 267, 268, and 270 of
this Rule with respect to the storage of those wastes.
(b) When consolidating the contents of two or
more containers with the same hazardous waste into a new container, or when
combining and consolidating two different hazardous wastes that are compatible
with each other, the transporter must mark its containers of 119 gallons or
less with the following information:
(1) The
words "Hazardous Waste" and
(2) The
applicable EPA hazardous waste number(s) (EPA hazardous waste codes) in
subsections C and D of section 261 of this regulation, or in compliance with
§ 262.32(c).
§
263.13
Transporter Permits.
(a)
Any person who transports
hazardous waste in, from, or through the State of Arkansas shall comply with
the permitting and other requirements of the Arkansas Department of
Transportation and the Arkansas Motor Carrier Act.
(b)
Persons transporting hazardous
waste by water or air shall comply with applicable state and federal rules and
regulations governing such transportation in addition to the requirements of
this Rule.
(c)
Persons transporting hazardous waste shall carry a copy of a valid transporter
permit in their vehicle, and display it upon request by law enforcement or
environmental compliance officers.
Subsection B
-- Compliance with the
Manifest System and Recordkeeping
§
263.20
The manifest system
(a)
(1)
Manifest Requirement. A transporter may not accept hazardous waste from a
generator unless the transporter is also provided with a manifest signed in
accordance with the requirements of § 262.23.
(2) Exports. For exports of hazardous
wastesubject to the requirements of Subsection H of this Regulation Section
262, a transporter may not accept hazardous waste without a manifest signed by
the generator in accordance with this section, as appropriate, and for exports
occurring under the terms of a consent issued by EPA on or after December 31,
2016, a movement document that includes all information required by §
262.83(d).
(3) Compliance Date for
Form Revisions. The revised Manifest form and procedures in
40
CFR §§
260.10,
261.7,
263.20, and
263.21
had an effective date of September 5, 2006. The Manifest form and procedures in
40
CFR §§
260.10,
261.7,
263.20, and
263.21,
contained in the 40 CFR, parts 260 to 265, edition revised as of July 1, 2004,
were applicable until September 5, 2006.
(4) Use of electronic manifest legal
equivalence to paper forms for participating transporters. Electronic manifests
that are obtained, completed, and transmitted in accordance with §
262.20(a)(3) of part 262, and used in accordance with this section in lieu of
EPA Forms 8700-22 and 8700-22A, are the legal equivalent of paper manifest
forms bearing handwritten signatures, and satisfy for all purposes any
requirement in these rules to obtain, complete, sign, carry, provide, give,
use, or retain a manifest.
(i) Any requirement
in these rules to sign a manifest or manifest certification by hand, or to
obtain a handwritten signature, is satisfied by signing with or obtaining a
valid and enforceable electronic signature within the meaning of 40 CFR Part
262.25(a).
(ii) Any requirement in
these rules to give, provide, send, forward, or return to another person a copy
of the manifest is satisfied when a copy of an electronic manifest is
transmitted to the other person by submission to the system.
(iii) Any requirement in these rules for a
manifest to accompany a hazardous waste shipment is satisfied when a copy of an
electronic manifest is accessible during transportation and forwarded to the
person or persons who are scheduled to receive delivery of the waste shipment,
except that to the extent that the Hazardous Materials regulation on shipping
papers for carriage by public highway requires transporters of hazardous
materials to carry a paper document to comply with
49 CFR §
177.817, a hazardous waste transporter must
carry one printed copy of the electronic manifest on the transport
vehicle.
(iv) Any requirement in
these rules for a transporter to keep or retain a copy of a manifest is
satisfied by the retention of an electronic manifest in the transporter's
account on the e-Manifest system, provided that such copies are readily
available for viewing and production if requested by any EPA or authorized
state inspector.
(v) No transporter
may be held liable for the inability to produce an electronic manifest for
inspection under this section if that transporter can demonstrate that the
inability to produce the electronic manifest is exclusively due to a technical
difficulty with the EPA system for which the transporter bears no
responsibility.
(5) A
transporter may participate in the electronic manifest system either by
accessing the electronic manifest system from the transporter's own electronic
equipment, or by accessing the electronic manifest system from the equipment
provided by a participating generator, by another transporter, or by a
designated facility.
(6) Special
procedures when electronic manifest is not available. If after a manifest has
been originated electronically and signed electronically by the initial
transporter, and the electronic manifest system should become unavailable for
any reason, then:
(i) The transporter in
possession of the hazardous waste when the electronic manifest becomes
unavailable shall reproduce sufficient copies of the printed manifest that is
carried on the transport vehicle pursuant to paragraph (a)(4)(iii)(A) of this
section, or obtain and complete another paper manifest for this purpose. The
transporter shall reproduce sufficient copies to provide the transporter and
all subsequent waste handlers with a copy for their files, plus two additional
copies that will be delivered to the designated facility with the hazardous
waste.
(ii) On each printed copy,
the transporter shall include a notation in the Special Handling and Additional
Description space (Item 14) that the paper manifest is a replacement manifest
for a manifest originated in the electronic manifest system, shall include (if
not pre-printed on the replacement manifest) the manifest tracking number of
the electronic manifest that is replaced by the paper manifest, and shall also
include a brief explanation why the electronic manifest was not available for
completing the tracking of the shipment electronically.
(iii) A transporter signing a replacement
manifest to acknowledge receipt of the hazardous waste must ensure that each
paper copy is individually signed and that a legible handwritten signature
appears on each copy.
(iv) From the
point at which the electronic manifest is no longer available for tracking the
waste shipment, the paper replacement manifest copies shall be carried, signed,
retained as records, and given to a subsequent transporter or to the designated
facility, following the instructions, procedures, and requirements that apply
to the use of all other paper manifests.
(7) Special procedures for electronic
signature methods undergoing tests. If a transporter using an electronic
manifest signs this manifest electronically using an electronic signature
method which is undergoing pilot or demonstration tests aimed at demonstrating
the practicality or legal dependability of the signature method, then the
transporter shall sign the electronic manifest electronically and also sign
with an ink signature the transporter acknowledgement of receipt of materials
on the printed copy of the manifest that is carried on the vehicle in
accordance with paragraph (a)(4)(iii)(A) of this section. This printed copy
bearing the generator's and transporter's ink signatures shall also be
presented by the transporter to the designated facility to sign in ink to
indicate the receipt of the waste materials or to indicate discrepancies. After
the owner/operator of the designated facility has signed this printed manifest
copy with its ink signature, the printed manifest copy shall be delivered to
the designated facility with the waste materials.
(8) [Reserved]
(9) Post-receipt manifest data corrections.
After facilities have certified to the receipt of hazardous wastes by signing
Item 20 of the manifest, any post-receipt data corrections may be submitted at
any time by any interested person (e.g., waste handler) named on the manifest.
Transporters may participate electronically in the post-receipt data
corrections process by following the process described in § 264.71(l) of
this chapter, which applies to corrections made to either paper or electronic
manifest records.
(b)
Before transporting the hazardous waste, the transporter must sign and date the
manifest acknowledging acceptance of the hazardous waste from the generator.
The transporter must return a signed copy to the generator before leaving the
generator's property.
(c) The
transporter must ensure that the manifest accompanies the hazardous waste. In
the case of exports occurring under the terms of a consent issued by EPA to the
exporter on or after December 31, 2016, the transporter must ensure that a
movement document that includes all information required by § 262.83(d)
also accompanies the hazardous waste. In the case of imports occurring under
the terms of a consent issued by EPA to the country of export or the importer
on or after December 31, 2016, the transporter must ensure that a movement
document that includes all information required by § 262.84(d) also
accompanies the hazardous waste.
(d) A transporter who delivers a hazardous
waste to another transporter or to the designated facility must:
(1) Obtain the date of delivery and the
handwritten signature of that transporter or of the owner or operator of the
designated facility on the manifest; and
(2) Retain one copy of the manifest in
accordance with § 263.22; and
(3) Give the remaining copies of the manifest
to the accepting transporter or designated facility.
(e) The requirements of paragraphs (c), (d)
and (f) of this section do not apply to water (bulk shipment) transporters if:
(1) The hazardous waste is delivered by water
(bulk shipment) to the designated facility; and
(2) A shipping paper containing all the
information required on the manifest (excluding the EPA identification numbers,
generator certification, and signatures) and, for exports or imports occurring
under the terms of a consent issued by EPA on or after December 31, 2016, a
movement document that includes all information required by § 262.83(d) or
§ 262.84(d) accompanies the hazardous waste; and
(3) The delivering transporter obtains the
date of delivery and handwritten signature of the owner or operator of the
designated facility on either the manifest or the shipping paper; and
(4) The person delivering the hazardous waste
to the initial water (bulk shipment) transporter obtains the date of delivery
and signature of the water (bulk shipment) transporter on the manifest and
forwards it to the designated facility; and
(5) A copy of the shipping paper or manifest
is retained by each water (bulk shipment) transporter in accordance with §
263.22.
(f) For shipments
involving rail transportation, the requirements of paragraphs (c), (d) and (e)
do not apply and the following requirements do apply:
(1) When accepting hazardous waste from a
non-rail transporter, the initial rail transporter must:
(i) Sign and date the manifest in the
appropriate space acknowledging acceptance of the hazardous waste;
(ii) Return a signed copy of the manifest to
the non-rail transporter; (iii) Forward at least three copies of the manifest
to:
(A) The next non-rail transporter, if
any; or,
(B) The designated
facility, if the shipment is delivered to that facility by rail; or
(C) The last rail transporter designated to
handle the waste in the United States;
(iv) Retain one copy of the manifest and rail
shipping paper in accordance with § 263.22.
(2) Rail transporters must ensure that a
shipping paper containing all the information required on the manifest
(excluding the EPA identification numbers, generator certification, and
signatures) and, for exports or imports occurring under the terms of a consent
issued by EPA on or after December 31, 2016, a movement document that includes
all information required by § 262.83(d) or § 262.84(d) accompanies
the hazardous waste at all times.
Note: Intermediate rail transporters are not required to sign either the manifest or shipping paper.
(3) When delivering hazardous waste to the
designated facility, a rail transporter must:
(i) Obtain the date of delivery and
handwritten signature of the owner or operator of the designated facility on
the manifest or the shipping paper (if the manifest has not been received by
the facility); and
(ii) Retain a
copy of the manifest or signed shipping paper in accordance with §
263.22.
(4) When
delivering hazardous waste to a non-rail transporter a rail transporter must:
(i) Obtain the date of delivery and the
handwritten signature of the next non-rail transporter on the manifest;
and
(ii) Retain a copy of the
manifest in accordance with § 263.22.
(5) Before accepting hazardous waste from a
rail transporter, a non-rail transporter must sign and date the manifest and
provide a copy to the rail transporter.
(g) Transporters who transport hazardous
waste out of the United States must:
(1) Sign
and date the manifest in the International Shipments block to indicate the date
that the shipment left the United States;
(2) Retain one copy in accordance with §
263.22(d);
(3) Return a signed copy
of the manifest to the generator; and
(4) For paper manifests only;
(i) Send a copy of the manifest to the
e-Manifest system in accordance with the allowable methods specified in §
264.71(a)(2)(v); and
(ii) For
shipments initiated prior to the AES filing compliance date, when instructed by
the exporter to do so, give a copy of the manifest to a U.S. Customs official
at the point of departure from the United States.
(h) A transporter transporting
hazardous waste from a generator who generates greater than 100 kilograms but
less than 1000 kilograms of hazardous waste in a calendar month need not comply
with the requirements of this section or those of § 263.22 provided that:
(1) [Reserved]
(2) The transporter records, on a log or
shipping paper, the following information for each shipment:
(i) The name, address, and U.S. EPA
Identification Number of the generator of the waste;
(ii) The quantity of waste
accepted;
(iii) All DOT-required
shipping nformation;
(iv) The date
the waste is accepted; and
(3) The transporter carries this record when
transporting waste to the reclamation facility; and
(4) The transporter retains these records for
a period of at least three years after termination or expiration of the
agreement.
§
263.21
Compliance with the manifest
(a) Except as provided in paragraph (b) of
this section, the transporter must deliver the entire quantity of hazardous
waste which he has accepted from a generator or a transporter to:
(1) The designated facility listed on the
manifest; or
(2) The alternate
designated facility, if the hazardous waste cannot be delivered to the
designated facility because an emergency prevents delivery; or
(3) The next designated transporter;
or
(4) The place outside the United
States designated by the generator.
(b)
(1)
Emergency condition. If the hazardous waste cannot be delivered in accordance
with paragraph (a)(1),(2), or (4) of this section because of an emergency
condition other than rejection of the waste by the designated facility, then
the transporter must contact the generator for further directions and must
revise the manifest according to the generator's instructions.
(2) Transporter without agency authority. If
the hazardous waste is not delivered to the next designated transporter in
accordance with paragraph (a)(3) of this section, and the current transporter
is without contractual authorization from the generator to act as the
generator's agent with respect to transporter additions or substitutions, then
the current transporter must contact the generator for further instructions
prior to making any revisions to the transporter designations on the manifest.
The current transporter may thereafter make such revisions if:
(i) The hazardous waste is not delivered in
accordance with paragraph (a)(3) of this section because of an emergency
condition; or
(ii) The current
transporter proposes to change the transporter(s) designated on the manifest by
the generator, or to add a new transporter during transportation, to respond to
an emergency, or for purposes of transportation efficiency, convenience, or
safety; and
(iii) The generator
authorizes the revision.
(3) Transporters with agency
authority. If the hazardous waste is not delivered to the next
designated transporter in accordance with paragraph (a)(3) of this section, and
the current transporter has authorization from the generator to act as the
generator's agent, then the current transporter may change the transporter(s)
designated on the manifest, or add a new transporter, during transportation
without the generator's prior, explicit approval, provided that:
(i) The current transporter is authorized by
a contractual provision that provides explicit agency authority for the
transporter to make such transporter changes on behalf of the
generator;
(ii) The transporter
enters in Item 14 of each manifest for which such a change is made, the
following statement of its agency authority: "Contract retained by generator
confers agency authority on initial transporter to add or substitute additional
transporters on generator's behalf;" and
(iii) The change in designated transporters
is necessary to respond to an emergency, or for purposes of transportation
efficiency, convenience, or safety.
(4) Generator liability. The grant by a
generator of authority to a transporter to act as the agent of the generator
with respect to changes to transporter designations under paragraph (b)(3) of
this section does not affect the generator's liability or responsibility for
complying with any applicable requirement under this chapter, or grant any
additional authority to the transporter to act on behalf of the
generator.
(c) If
hazardous waste is rejected by the designated facility while the transporter is
on the facility's premises, then the transporter must obtain the following:
(1) For a partial load rejection or for
regulated quantities of container residues, a copy of the original manifest
that includes the facility's date and signature, and the Manifest Tracking
Number of the new manifest that will accompany the shipment, and a description
of the partial rejection or container residue in the discrepancy block of the
original manifest. The transporter must retain a copy of this manifest in
accordance with § 263.22, and give the remaining copies of the original
manifest to the rejecting designated facility. If the transporter is forwarding
the rejected part of the shipment or a regulated container residue to an
alternate facility or returning it to the generator, the transporter must
obtain a new manifest to accompany the shipment, and the new manifest must
include all of the information required in § 264.72(e)(1) through (6) or
(f)(1) through (6) or § 265.72(e)(1) through (6) or (f)(1) through
(6).
(2) For a full load rejection
that will be taken back by the transporter, a copy of the original manifest
that includes the rejecting facility's signature and date attesting to the
rejection, the description of the rejection in the discrepancy block of the
manifest, and the name, address, phone number, and Identification Number for
the alternate facility or generator to whom the shipment must be delivered. The
transporter must retain a copy of the manifest in accordance with §
263.22, and give a copy of the manifest containing this information to the
rejecting designated facility. If the original manifest is not used, then the
transporter must obtain a new manifest for the shipment and comply with §
264.72(e)(1) through (6) or § 265.72(e)(1) through (6).
§ 263.22
Recordkeeping
(a) A transporter of
hazardous waste must keep a copy of the manifest signed by the generator,
himself, and the next designated transporter or the owner or operator of the
designated facility for a period of three years from the date the hazardous
waste was accepted by the initial transporter.
(b) For shipments delivered to the designated
facility by water (bulk shipment), each water (bulk shipment) transporter must
retain a copy of the shipping paper containing all the information required in
§ 263.20(e)(2) for a period of three years from the date the hazardous
waste was accepted by the initial transporter.
(c) For shipments of hazardous waste by rail
within the United States:
(1) The initial rail
transporter must keep a copy of the manifest and shipping paper with all the
information required in § 263.20(f)(2) for a period of three years from
the date the hazardous waste was accepted by the initial transporter;
and
(2) The final rail transporter
must keep a copy of the signed manifest (or the shipping paper if signed by the
designated facility in lieu of the manifest) for a period of three years from
the date the hazardous waste was accepted by the initial transporter.
(d) A transporter who transports
hazardous waste out of the United States must keep a copy of the manifest
indicating that the hazardous waste left the United States for a period of
three years from the date the hazardous waste was accepted by the initial
transporter.
(e) The periods of
retention referred to in this Section are extended automatically during the
course of any unresolved enforcement action regarding the regulated activity or
as requested by the Director.
§
263.25
Electronic Manifest Signatures
(a) Electronic manifest signatures shall meet
the criteria described in
40 CFR §
262.25(a).
(b) [Reserved]
Subsection C
-- Hazardous Waste
Discharges
§ 263.30
Immediate Action
(a) In the
event of a discharge of hazardous waste during transportation, the transporter
must take appropriate immediate action to protect human health and the
environment (e.g., notify local authorities, dike the discharge
area).
(b) If a discharge of
hazardous waste occurs during transportation and an official (State or local
government or a Federal Agency) acting within the scope of his official
responsibilities determines that immediate removal of the waste is necessary to
protect human health or the environment, that official may authorize the
removal of the waste by transporters who do not have EPA identification numbers
and without the preparation of a manifest.
(c) An air, rail, highway, or water
transporter who has discharged hazardous waste in the State of Arkansas must:
(1) Give immediate notice to the Arkansas
State Police and to the principal office or designated contact for the
transporter.
(2) Give notice, if
required by
49 CFR
171.15, to the National Response Center
(800-424-8802 or 202-426-2675); and
(3) Report in writing as required by
49 CFR
171.16 to the Director, Office of Hazardous
Materials Regulations, Materials Transportation Bureau, Department of
Transportation, Washington, DC 20590.
(4) Submit a copy of the written report
required by
49 CFR
171.16 and 263.30(c)(2) to DEQ simultaneously
with its submission to the federal Department of
Transportation.
(d) A
water (bulk shipment) transporter who has discharged hazardous waste must give
the same notice as required by
33 CFR
153.203 for oil and hazardous
substances.
§ 263.31
Discharge clean-up
A transporter must clean up any hazardous waste spill or discharge that occurs during transportation or take such action as may be required or approved by Federal, State, or local officials so that the hazardous waste discharge no longer presents a hazard to human health or the environment.
Section
264.
- STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES
Subsection A
-- General
§ 264.1
Purpose, scope, and
applicability
(a) The purpose of this
Section is to establish minimum standards which define the acceptable
management of hazardous waste.
(b)
The standards in this Section apply to owners and operators of all facilities
which treat, store, or dispose of hazardous waste, except as specifically
provided otherwise in this Section or Section 261 of this rule.
(c) The requirements of this Section apply to
a person disposing of hazardous waste by means of ocean disposal subject to a
federal permit issued under the Marine Protection, Research, and Sanctuaries
Act only to the extent they are included in a RCRA permit by rule granted to
such a person under 40 CFR Part 270 and this Section.
[Comment: These Section 264 rules do apply to the treatment or storage of hazardous waste before it is loaded onto an ocean vessel for incineration or disposal at sea.]
(d) The requirements of this Section apply to
a person disposing of hazardous waste by means of underground injection subject
to a permit issued under an Underground Injection Control (UIC) program
approved or promulgated under the Safe Drinking Water Act only to the extent
they are required by
40 CFR
144.14.
[Comment: These Section 264 rules do apply to the above-ground treatment or storage of hazardous waste before it is injected underground.]
(e) The
requirements of this Section apply to the owner or operator of a POTW which
treats, stores, or disposes of hazardous waste only to the extent they are
included in a RCRA permit by rule granted to such a person under Section 270 of
this rule.
(f) [Reserved]
(g) The requirements of this Section do not
apply to:
(1) The owner or operator of a
facility permitted, licensed, or registered by the State to manage municipal or
industrial solid waste, if the only hazardous waste the facility treats,
stores, or disposes of is excluded from rule under this Section by §
262.14 of this rule;
(2) The owner
or operator of a facility managing recyclable materials described in §
261.6(a) (2), (3) and (4) of this rule (except to the extent that requirements
of this Section are referred to in Section 279 or Subsections C, F, or G of
Section 266 of this rule).
(3) A
generator accumulating waste on-site in compliance with §§ 262.14,
262.15, 262.16, or 262.17 of this rule;
(4) A farmer disposing of waste pesticides
from his own use in compliance with § 262.70 of this rule; or
(5) The owner or operator of a totally
enclosed treatment facility, as defined in § 260.10.
(6) The owner or operator of an elementary
neutralization unit or a wastewater treatment unit as defined in § 260.10
of this rule, provided that if the owner or operator is diluting hazardous
ignitable (D001) wastes (other than the D001 High TOC Subcategory defined in
§ 268.40, Table Treatment Standards for Hazardous Wastes, of this rule),
or reactive (D003) waste, to remove the characteristic before land disposal,
the owner/operator must comply with the requirements set out in §
264.17(b).
(7) [Reserved]
(8)
(i)
Except as provided in paragraph (g)(8)(ii) of this section, a person engaged in
treatment or containment activities during immediate response to any of the
following situations:
(A) A discharge of a
hazardous waste;
(B) An imminent
and substantial threat of a discharge of hazardous waste;
(C) A discharge of a material which, when
discharged, becomes a hazardous waste;
(D) An immediate threat to human health,
public safety, property, or the environment, from the known or suspected
presence of military munitions, other explosive material, or an explosive
device, as determined by an explosive or munitions emergency response
specialist as defined in § 260.10.
(ii) An owner or operator of a facility
otherwise regulated by this Section must comply with all applicable
requirements of Subsections C and D.
(iii) Any person who is covered by paragraph
(g)(8)(i) of this section and who continues or initiates hazardous waste
treatment or containment activities after the immediate response is over is
subject to all applicable requirements of this Section for those
activities.
(iv) In the case of an
explosives or munitions emergency response, if a Federal, State, Tribal or
local official acting within the scope of his or her official responsibilities,
or an explosives or munitions emergency response specialist, determines that
immediate removal of the material or waste is necessary to protect human health
or the environment, that official or specialist may authorize the removal of
the material or waste by transporters who do not have EPA identification
numbers and without the preparation of a manifest. In the case of emergencies
involving military munitions, the responding military emergency response
specialist's organizational unit must retain records for three years
identifying the dates of the response, the responsible persons responding, the
type and description of material addressed, and its disposition.
(9) A transporter storing
manifested shipments of hazardous waste in containers meeting the requirements
of § 262.30 at a transfer facility for a total period of ten days or
less.
(10) The addition of
absorbent material to waste in a container (as defined in § 260.10 of this
rule) or the addition of waste to absorbent material in a container, provided
that these actions occur at the time waste is first placed in the container;
and §§ 264.17(b), 264.171, and 264.172 are complied with.
(11) Universal waste handlers and universal
waste transporters (as defined in § 260.10) handling the wastes listed
below. These handlers are subject to under § 273, when handling the below
listed universal wastes.
(i) Batteries as
described in § 273.2;
(ii)
Pesticides as described in § 273.3 of this rule;
(iii) Mercury-containing devices as described
in § 273.4 of this rule;
(iv)
Lamps as described in § 273.5 of this rule; and
(v)
Consumer electronic items as
described in § 273.6.
(h) The requirements of this Section apply to
owners or operators of all facilities which treat, store, or dispose of
hazardous wastes referred to in Section 268.
(i) Section 266.205 of this rule identifies
when the requirements of this Section apply to the storage of military
munitions classified as solid waste under § 266.202 of this rule. The
treatment and disposal of hazardous waste military munitions are subject to the
applicable permitting, procedural, and technical standards in Sections 260
through 270.
(j) The requirements
of subsections B, C, and D of this Section and § 264.101 do not apply to
remediation waste management sites. (However, some remediation waste management
sites may be a part of a facility that is subject to a traditional RCRA permit
because the facility is also treating, storing or disposing of hazardous wastes
that are not remediation wastes. In these cases, Subsections B, C, and D of
this Section, and § 264.101 do apply to the facility subject to the
traditional RCRA permit.) Instead of the requirements of subsections B, C, and
D of this Section, owners or operators of remediation waste management sites
must:
(1) Obtain an EPA identification number
by applying to the Director using Arkansas/EPA Form 8700-12;
(2) Obtain a detailed chemical and physical
analysis of a representative sample of the hazardous remediation wastes to be
managed at the site. At a minimum, the analysis must contain all of the
information which must be known to treat, store or dispose of the waste
according to this part and Section 268 of this rule, and must be kept accurate
and up to date;
(3) Prevent people
who are unaware of the danger from entering, and minimize the possibility for
unauthorized people or livestock to enter onto the active portion of the
remediation waste management site, unless the owner or operator can demonstrate
to the Director that:
(i) Physical contact
with the waste, structures, or equipment within the active portion of the
remediation waste management site will not injure people or livestock who may
enter the active portion of the remediation waste management site;
and
(ii) Disturbance of the waste
or equipment by people or livestock who enter onto the active portion of the
remediation waste management site, will not cause a violation of the
requirements of this part;
(4) Inspect the remediation waste management
site for malfunctions, deterioration, operator errors, and discharges that may
be causing, or may lead to, a release of hazardous waste constituents to the
environment, or a threat to human health. The owner or operator must conduct
these inspections often enough to identify problems in time to correct them
before they harm human health or the environment, and must remedy the problem
before it leads to a human health or environmental hazard. Where a hazard is
imminent or has already occurred, the owner/operator must take remedial action
immediately;
(5) Provide personnel
with classroom or on-the-job training on how to perform their duties in a way
that ensures the remediation waste management site complies with the
requirements of this part, and on how to respond effectively to
emergencies;
(6) Take precautions
to prevent accidental ignition or reaction of ignitable or reactive waste, and
prevent threats to human health and the environment from ignitable, reactive
and incompatible waste;
(7) For
remediation waste management sites subject to regulation under subsections I
through O and subsection X of this section, the owner/operator must design,
construct, operate, and maintain a unit within a 100-year floodplain to prevent
washout of any hazardous waste by a 100-year flood, unless the owner/operator
can meet the demonstration of § 264.18(b);
(8) Not place any non-containerized or bulk
liquid hazardous waste in any salt dome formation, salt bed formation,
underground mine or cave;
(9)
Develop and maintain a construction quality assurance program for all surface
impoundments, waste piles and landfill units that are required to comply with
§§ 264.221(c) and (d), 264.251(c) and (d), and 264.301(c) and (d) at
the remediation waste management site, according to the requirements of §
264.19;
(10) Develop and maintain
procedures to prevent accidents and a contingency and emergency plan to control
accidents that occur. These procedures must address proper design,
construction, maintenance, and operation of remediation waste management units
at the site. The goal of the plan must be to minimize the possibility of, and
the hazards from a fire, explosion, or any unplanned sudden or non-sudden
release of hazardous waste or hazardous waste constituents to air, soil, or
surface water that could threaten human health or the environment. The plan
must explain specifically how to treat, store and dispose of the hazardous
remediation waste in question, and must be implemented immediately whenever a
fire, explosion, or release of hazardous waste or hazardous waste constituents
which could threaten human health or the environment;
(11) Designate at least one employee, either
on the facility premises or on call (that is, available to respond to an
emergency by reaching the facility quickly), to coordinate all emergency
response measures. This emergency coordinator must be thoroughly familiar with
all aspects of the facility's contingency plan, all operations and activities
at the facility, the location and characteristics of waste handled, the
location of all records within the facility, and the facility layout. In
addition, this person must have the authority to commit the resources needed to
carry out the contingency plan;
(12) Develop, maintain and implement a plan
to meet the requirements in paragraphs (j)(2) through (j)(6) and (j)(9) through
(j)(10) of this section; and
(13)
Maintain records documenting compliance with paragraphs (j)(1) through (j)(12)
of this section.
§
264.2
[Reserved]
§ 264.3
Relationship to interim
status standards
A facility owner or operator who has fully complied with the requirements for interim status - as defined in section 3005(e) of RCRA and regulations under § 270.70 of this rule - must comply with the rules specified in Section 265 of this rule in lieu of the rules in this Section, until final administrative disposition of his permit application is made, except as provided under Subsection S of this Section.
[Comment: As stated in section 3005(a) of RCRA, after the effective date of regulations under that section, i.e., Sections 270 of this rule and 40 CFR 124, the treatment, storage, or disposal of hazardous waste is prohibited except in accordance with a permit. Section 3005(e) of RCRA provides for the continued operation of an existing facility which meets certain conditions until final administrative disposition of the owner's or operator's permit application is made.]
§
264.4
Imminent hazard action
Notwithstanding any other provisions of these rules, enforcement actions may be brought pursuant to section 7003 of RCRA, the Arkansas Hazardous Waste Management Act (A.C.A. §§ 8-7-201 et seq., and the Arkansas Remedial Action Trust Fund Act (A.C.A. §§ 8-7-501 et seq.).
Subsection B
-- General Facility
Standards
§ 264.10
Applicability
(a) The rules in this
Subsection apply to owners and operators of all hazardous waste facilities,
except as provided in § 264.1 and in paragraph (b) of this
section.
(b) Section 264.18(b)
applies only to facilities subject to regulation under Subsections I through O
and Subsection X of this Section.
§ 264.11
Identification
number
Every facility owner or operator must apply to the Division for an EPA identification number in accordance with the Division's and EPA's notification procedures.
§
264.12
Required notices
(a) The owner or operator of a facility that
is arranging or has arranged to receive hazardous waste subject to Rule No. 23
section 262, subsection H from a foreign source must submit the following
required notices:
(1) As per §
262.84(b), for imports where the competent authority of the country of export
does not require the foreign exporter to submit to it a notification proposing
export and obtain consent from EPA and the competent authorities for the
countries of transit, such owner or operator of the facility, if acting as the
importer, must provide notification of the proposed transboundary movement in
English to EPA using the allowable methods listed in § 262.84(b)(1) at
least 60 days before the first shipment is expected to depart the country of
export. The notification may cover up to one year of shipments of wastes having
similar physical and chemical characteristics, the same United Nations
classification, the same RCRA waste codes and OECD waste codes, and being sent
from the same foreign exporter.
(2)
As per § 262.84(d)(2)(xv), a copy of the movement document bearing all
required signatures within three (3) working days of receipt of the shipment to
the foreign exporter; to the competent authorities of the countries of export
and transit that control the shipment as an export and transit shipment of
hazardous waste respectively; and on or after the electronic import-export
reporting compliance date, to EPA electronically using EPA's Waste Import
Export Tracking System (WIETS), or its successor system. The original of the
signed movement document must be maintained at the facility for at least three
(3) years. The owner or operator of a facility may satisfy this recordkeeping
requirement by retaining electronically submitted documents in the facility's
account on EPA's Waste Import Export Tracking System (WIETS), or its successor
system, provided that copies are readily available for viewing and production
if requested by any EPA or authorized state inspector. No owner or operator of
a facility may be held liable for the inability to produce the documents for
inspection under this section if the owner or operator of a facility can
demonstrate that the inability to produce the document is due exclusively to
technical difficulty with EPA's Waste Import Export Tracking System (WIETS), or
its successor system for which the owner or operator of a facility bears no
responsibility.
(3) As per §
262.84(f)(4), if the facility has physical control of the waste and it must be
sent to an alternate facility or returned to the country of export, such owner
or operator of the facility must inform EPA, using the allowable methods listed
in § 262.84(b)(1) of the need to return or arrange alternate management of
the shipment.
(4) As per §
262.84(g), such owner or operator shall:
(i)
Send copies of the signed and dated confirmation of recovery or disposal, as
soon as possible, but no later than thirty days after completing recovery or
disposal on the waste in the shipment and no later than one calendar year
following receipt of the waste, to the foreign exporter, to the competent
authority of the country of export that controls the shipment as an export of
hazardous waste, and for shipments recycled or disposed of on or after the
electronic import-export reporting compliance date, to EPA electronically using
EPA's Waste Import Export Tracking System (WIETS), or its successor
system.
(ii) If the facility
performed any of recovery operations R12, R13, or RC16, or disposal operations
D13 through D15, or DC17, promptly send copies of the confirmation of recovery
or disposal that it receives from the final recovery or disposal facility
within one year of shipment delivery to the final recovery or disposal facility
that performed one of recovery operations R1 through R11, or RC16, or one of
disposal operations D1 through D12, or DC15 to DC16, to the competent authority
of the country of export that controls the shipment as an export of hazardous
waste, and on or after the electronic import-export reporting compliance date,
to EPA electronically using EPA's Waste Import Export Tracking System (WIETS),
or its successor system. The recovery and disposal operations in this paragraph
are defined in § 262.81.
(b) The owner or operator of a facility that
receives hazardous waste from an off-site source (except where the owner or
operator is also the generator) must inform the generator in writing that he
has the appropriate permit(s) for, and will accept, the waste the generator is
shipping. The owner or operator must keep a copy of this written notice as part
of the operating record.
(c) Before
transferring ownership or operation of a facility during its operating life, or
of a disposal facility during the post-closure care period, the owner or
operator must notify the new owner or operator in writing of the requirements
of this Section and Section 270 of this rule.
[Comment: An owner's or operator's failure to notify the new owner or operator of the requirements of this Section in no way relieves the new owner or operator of his obligation to comply with all applicable requirements.]
§
264.13
General waste analysis
(a)
(1)
Before an owner or operator treats, stores, or disposes of any hazardous
wastes, or nonhazardous wastes if applicable under § 264.113(d), he must
obtain a detailed chemical and physical analysis of a representative sample of
the wastes. At a minimum, the analysis must contain all the information which
must be known to treat, store, or dispose of the waste in accordance with this
Section and Section 268 of this rule. As a minimum, this analysis shall
include a detailed waste characterization by a commercial facility for at least
10% of the waste handled for each generator of more than 1000 kg of hazardous
waste who ships waste to the facility.
(2) The analysis may include data developed
under Section 261 of this rule, and existing published or documented data on
the hazardous waste or on hazardous waste generated from similar processes.
[Comment: For example, the facility's records of analyses performed on the waste before the effective date of these rules, or studies conducted on hazardous waste generated from processes similar to that which generated the waste to be managed at the facility, may be included in the data base required to comply with paragraph (a)(1) of this section. The owner or operator of an off-site facility may arrange for the generator of the hazardous waste to supply Section of the information required by paragraph (a)(1) of this section, except as otherwise specified in § 268.7 (b) and (c). If the generator does not supply the information, and the owner or operator chooses to accept a hazardous waste, the owner or operator is responsible for obtaining the information required to comply with this section.]
(3) The analysis must be repeated as
necessary to ensure that it is accurate and up to date. At a minimum, the
analysis must be repeated:
(i) When the owner
or operator is notified, or has reason to believe, that the process or
operation generating the hazardous wastes, or non-hazardous wastes if
applicable under § 264.113(d), has changed; and
(ii) For off-site facilities, when the
results of the inspection required in paragraph (a)(4) of this section indicate
that the hazardous waste received at the facility does not match the waste
designated on the accompanying manifest or shipping paper.
(4) The owner or operator of an off-site
facility must inspect and, if necessary, analyze each hazardous waste movement
received at the facility to determine whether it matches the identity of the
waste specified on the accompanying manifest or shipping paper.
(b) The owner or operator must
develop and follow a written waste analysis plan which describes the procedures
which he will carry out to comply with paragraph (a) of this section. He must
keep this plan at the facility. At a minimum, the plan must specify:
(1) The parameters for which each hazardous
waste, or non-hazardous waste if applicable under § 264.113(d), will be
analyzed and the rationale for the selection of these parameters (i.e., how
analysis for these parameters will provide sufficient information on the
waste's properties to comply with paragraph (a) of this section);
(2) The test methods which will be used to
test for these parameters;
(3) The
sampling method which will be used to obtain a representative sample of the
waste to be analyzed. A representative sample may be obtained using either:
(i) One of the sampling methods described in
Appendix I of Section 261 of this rule; or
(ii) An equivalent sampling method.
[Comment: See § 260.21 of this rule for related discussion.]
(4)
The frequency with which the initial analysis of the waste will be reviewed or
repeated to ensure that the analysis is accurate and up to date; and
(5) For off-site facilities, the waste
analyses that hazardous waste generators have agreed to supply.
(6) Where applicable, the methods that will
be used to meet the additional waste analysis requirements for specific waste
management methods as specified in §§ 264.17, 264.314, 264.341,
264.1034(d), 264.1063(d), 264.1083, and 268.7 of this rule.
(7) For surface impoundments exempted from
land disposal restrictions under § 268.4(a), the procedures and schedules
for:
(i) The sampling of impoundment
contents;
(ii) The analysis of test
data; and,
(iii) The annual removal
of residues which are not delisted under 40 CFR part 260 .22 or which exhibit a
characteristic of hazardous waste and either:
(A) Do not meet applicable treatment
standards of Section 268, Subsection D; or
(B) Where no treatment standards have been
established;
(1) Such residues are prohibited
from land disposal under § 268.32 or RCRA section 3004(d); or
(2) Such residues are prohibited from land
disposal under § 268.33(f).
(8) For owners and operators seeking an
exemption to the air emission standards of subsection CC in accordance with
§ 264.1082-
(i) If direct measurement is
used for the waste determination, the procedures and schedules for waste
sampling and analysis, and the analysis of test data to verify the
exemption.
(ii) If knowledge of the
waste is used for the waste determination, any information prepared by the
facility owner or operator or by the generator of the hazardous waste, if the
waste is received from off-site, that is used as the basis for knowledge of the
waste.
(c) For
off-site facilities, the waste analysis plan required in paragraph (b) of this
section must also specify the procedures which will be used to inspect and, if
necessary, analyze each movement of hazardous waste received at the facility to
ensure that it matches the identity of the waste designated on the accompanying
manifest or shipping paper. At a minimum, the plan must describe:
(1) The procedures which will be used to
determine the identity of each movement of waste managed at the facility;
and
(2) The sampling method which
will be used to obtain a representative sample of the waste to be identified,
if the identification method includes sampling.
(3) The procedures that the owner or operator
of an off-site landfill receiving containerized hazardous waste will use to
determine whether a hazardous waste generator or treater has added a
biodegradable sorbent to the waste in the container.
[Comment: Section 270 of this rule requires that the waste analysis plan be submitted with Part B of the permit application.]
§ 264.14
Security
(a) The owner or
operator must prevent the unknowing entry, and minimize the possibility for the
unauthorized entry, of persons or livestock onto the active portion of his
facility, unless he can demonstrate to the Director that:
(1) Physical contact with the waste,
structures, or equipment within the active portion of the facility will not
injure unknowing or unauthorized persons or livestock which may enter the
active portion of a facility; and
(2) Disturbance of the waste or equipment, by
the unknowing or unauthorized entry of persons or livestock onto the active
portion of a facility, will not cause a violation of the requirements of this
Section.
[Comment: Section 270 of this rule requires that an owner or operator who wishes to make the demonstration referred to above must do so with Part B of the permit application.]
(b) Unless the owner or operator has made a
successful demonstration under paragraphs (a)(1) and (2) of this section, a
facility must have:
(1) A 24-hour surveillance
system (e.g., television monitoring or surveillance by guards or facility
personnel) which continuously monitors and controls entry onto the active
portion of the facility; or
(2)
(i) An artificial or natural barrier (e.g., a
fence in good repair or a fence combined with a cliff), which completely
surrounds the active portion of the facility; and
(ii) A means to control entry, at all times,
through the gates or other entrances to the active portion of the facility
(e.g., an attendant, television monitors, locked entrance, or controlled
roadway access to the facility).
[Comment: The requirements of paragraph (b) of this section are satisfied if the facility or plant within which the active portion is located itself has a surveillance system, or a barrier and a means to control entry, which complies with the requirements of paragraph (b)(1) or (2) of this section.]
(c) Unless the owner or operator has made a
successful demonstration under paragraphs (a)(1) and (2) of this section, a
sign with the legend, "Danger - Unauthorized Personnel Keep
Out", must be posted at each entrance to the active portion of a
facility, and at other locations, in sufficient numbers to be seen from any
approach to this active portion. The legend must be written in English and in
any other language predominant in the area surrounding the facility (e.g.,
facilities in counties bordering the Canadian province of Quebec must post
signs in French; facilities in counties bordering Mexico must post signs in
Spanish), and must be legible from a distance of at least 25 feet. Existing
signs with a legend other than "Danger - Unauthorized Personnel Keep
Out" may be used if the legend on the sign indicates that only
authorized personnel are allowed to enter the active portion, and that entry
onto the active portion can be dangerous.
[Comment: See § 264.117(b) for discussion of security requirements at disposal facilities during the post-closure care period.]
§
264.15
General Inspection requirements
(a) The owner or operator must inspect his
facility for malfunctions and deterioration, operator errors, and discharges
which may be causing - or may lead to - (1) release of hazardous waste
constituents to the environment or (2) a threat to human health. The owner or
operator must conduct these inspections often enough to identify problems in
time to correct them before they harm human health or the
environment.
(b)
(1) The owner or operator must develop and
follow a written schedule for inspecting monitoring equipment, safety and
emergency equipment, security devices, and operating and structural equipment
(such as dikes and sump pumps) that are important to preventing, detecting, or
responding to environmental or human health hazards.
(2) He must keep this schedule at the
facility.
(3) The schedule must
identify the types of problems (e.g., malfunctions or deterioration) which are
to be looked for during the inspection (e.g., inoperative sump pump, leaking
fitting, eroding dike, etc.).
(4)
The frequency of inspection may vary for the items on the schedule. However, it
should be based on the rate of deterioration of the equipment and the
probability of an environmental or human health incident if the deterioration,
malfunction, or operator error goes undetected between inspections. Areas
subject to spills, such as loading and unloading areas, must be inspected daily
when in use. At a minimum, the inspection schedule must include the items and
frequencies called for in §§ 264.174, 264.193, 264.195, 264.226,
264.254, 264.278, 264.303, 264.347, 264.602, 264.1033, 264.1052, 264.1053,
264.1058, and 264.1083 through 264.1089 of this Section, where applicable.
Section 270 of this rule requires the inspection schedule to be submitted with
part B of the permit application. The Director will evaluate the schedule along
with the rest of the application to ensure that it adequately protects human
health and the environment. As part of this review, the Director may modify or
amend the schedule as may be necessary.
(c) The owner or operator must remedy any
deterioration or malfunction of equipment or structures which the inspection
reveals on a schedule which ensures that the problem does not lead to an
environmental or human health hazard. Where a hazard is imminent or has already
occurred, remedial action must be taken immediately.
(d) The owner or operator must record
inspections in an inspection log or summary. He must keep these records for at
least three years from the date of inspection. At a minimum, these records must
include the date and time of the inspection, the name of the inspector, a
notation of the observations made, and the date and nature of any repairs or
other remedial actions.
§
264.16
Personnel training
(a)
(1)
Facility personnel must successfully complete a program of classroom
instruction or on-the-job training that teaches them to perform their duties in
a way that ensures the facility's compliance with the requirements of this
Section. The owner or operator must ensure that this program includes all the
elements described in the document required under paragraph (d)(3) of this
section.
[Comment: Section 270 of this rule requires that owners and operators submit with Part B of the RCRA permit application, an outline of the training program used (or to be used) at the facility and a brief description of how the training program is designed to meet actual job tasks.]
(2) This program must be directed
by a person trained in hazardous waste management procedures, and must include
instruction which teaches facility personnel hazardous waste management
procedures (including contingency plan implementation) relevant to the
positions in which they are employed.
(3) At a minimum, the training program must
be designed to ensure that facility personnel are able to respond effectively
to emergencies by familiarizing them with emergency procedures, emergency
equipment, and emergency systems, including, where applicable:
(i) Procedures for using, inspecting,
repairing, and replacing facility emergency and monitoring equipment;
(ii) Key parameters for automatic waste feed
cut-off systems;
(iii)
Communications or alarm systems;
(iv) Response to fires or
explosions;
(v) Response to
ground-water contamination incidents; and
(vi) Shutdown of operations.
(4) For facility employees
receiving emergency response training pursuant to OSHA regulations facility not
required to provide separate emergency response training
(b) Facility personnel must successfully
complete the program required in paragraph (a) of this section within six
months after the effective date of these rules or six months after the date of
their employment or assignment to a facility, or to a new position at a
facility, whichever is later. Employees hired after the effective date of these
rules must not work in unsupervised positions until they have completed the
training requirements of paragraph (a) of this section.
(c) Facility personnel must take part in an
annual review of the initial training required in paragraph (a) of this
section.
(d) The owner or operator
must maintain the following documents and records at the facility:
(1) The job title for each position at the
facility related to hazardous waste management, and the name of the employee
filling each job;
(2) A written job
description for each position listed under paragraph (d)(1) of this section.
This description may be consistent in its degree of specificity with
descriptions for other similar positions in the same company location or
bargaining unit, but must include the requisite skill, education, or other
qualifications, and duties of employees assigned to each position;
(3) A written description of the type and
amount of both introductory and continuing training that will be given to each
person filling a position listed under paragraph (d)(1) of this
section;
(4) Records that document
that the training or job experience required under paragraphs (a), (b), and (c)
of this section has been given to, and completed by, facility
personnel.
(e) Training
records on current personnel must be kept until closure of the facility;
training records on former employees must be kept for at least three years from
the date the employee last worked at the facility. Personnel training records
may accompany personnel transferred within the same company.
(f)
Certification of Hazardous Waste
Facility Operators. In addition to the requirements of §§ 264.15,
264.16, and 264.55, the following provisions shall be complied with:
(1)
No commercial hazardous waste
management facility shall be caused or permitted to operate unless at least one
person certified by the Division in accordance with the provisions of
subsection (2) below, is on duty, or on 15 minutes call, at all times the
facility is being operated. Depending upon the size and complexity of the
facility, the Division may require, as a condition of permit, one or more
certified operators to be on duty at all times the facility is in
operation.
(2)
No
person shall be certified by the Division at being qualified to serve as an
operator of a commercial hazardous waste management facility unless the person
is found to have the following qualifications:
(i)
Is physically capable of
performing all tasks reasonably expected of supervisory
personnel;
(ii)
Has a baccalaureate degree in engineering, physical science, health sciences,
or related disciplines or four years of significant demonstrated experience in
such fields;
(iii)
Has at least four additional years experience in management,
engineering, or in conducting chemical/physical analysis;
(iv)
Has a working familiarity with
the principles and requirements relative to industrial hygiene, worker safety,
emergency procedures and environmental protection as such principles and
requirements relate to the nature of the hazardous waste managed at the
facility in which said person is to have, or does have, supervisory
responsibility and as such principles and requirements relate to the type
storage, treatment and/or disposal in such facility;
(v)
Has a basic knowledge of the
principles of operation and standard operating procedures for all equipment
used in the facility in which said person is to have, or has, supervisory
responsibility; and
(vi)
Is a citizen of the United States, of good moral character with no
prior conviction of a felony or a crime of moral turpitude.
(3)
No employee of a
hazardous waste management facility shall be assigned the duties of
transferring, handling, sorting, mixing, treating or disposing of hazardous
waste unless that employee meets the requirements set out in § 264.16 (a),
(b) and (c).
(4)
No employee of a hazardous waste management facility shall be assigned the
duties of transferring, handling, sorting, mixing, treating or disposing of
hazardous waste unless that employee has demonstrated his/her capabilities
of:
(i)
Reading and
comprehending label instructions, operational procedures, contingency plans and
regulatory directives;
(ii)
Understanding the basic nature
of the materials which he/she is assigned to transfer, handle, sort, mix, treat
or dispose relative to the material's reactivity, toxicity, explosiveness and
flammability; and
(iii)
Operating all equipment which he is assigned to operate, including
personal safety and emergency equipment.
(5)
The owner or operator of a
hazardous waste management facility must maintain the records required in
§ 264.16(d).
(6)
Owners and/or operators of commercial hazardous waste management
facilities shall:
(i)
Maintain complete updated records of all workers assigned to a specific job
including name, address, date of starting specific job and date of termination
of specific job;
(ii)
Maintain a complete previous employment history and a complete job
mobility history within the facility kept for each employee;
(iii)
Have their personnel trained
in contingency procedures as prescribed in the facility's contingency plan,
which plan has been submitted and approved pursuant to this
rule;
(iv)
Have
their personnel take part in a semiannual review and update of their initial
training in contingency procedures and other hazardous waste management
procedures relevant to those operations at which they are employed;
and
(v)
Have each
of their personnel undergo an annual health physical and said personnel's
spouses shall be offered an annual health physical, the specifics of which are
deemed appropriate by the Division, including health histories, reproductive
history and health histories of all offspring, with records of each of these
physicals available to the Division upon request with the written consent of
the individual. Consent will be given on a waiver form approved by the Division
written in such a fashion as to allow dissemination of information to the
Division or to authorized representatives designated in writing by the
Division.
(7)
The owner or operator of a hazardous waste management facility shall
promptly modify the training required of its employees whenever required to do
so upon the direction of the Division or whenever modification in training is
required as a condition of permit; provided, however, that preliminary
training, approved by the Division, will have been completed prior to
commencement of operation of a new hazardous waste management facility or prior
to commencement of an operation in an existing facility for which a permit has
been issued or modified.
§ 264.17
General requirements for
ignitable, reactive, or incompatible wastes
(a) The owner or operator must take
precautions to prevent accidental ignition or reaction of ignitable or reactive
waste. This waste must be separated and protected from sources of ignition or
reaction including but not limited to: open flames, smoking, cutting and
welding, hot surfaces, frictional heat, sparks (static, electrical, or
mechanical), spontaneous ignition (e.g., from heat-producing chemical
reactions), and radiant heat. While ignitable or reactive waste is being
handled, the owner or operator must confine smoking and open flame to specially
designated locations. "No Smoking" signs must be conspicuously placed wherever
there is a hazard from ignitable or reactive waste.
(b) Where specifically required by other
sections of this Section, the owner or operator of a facility that treats,
stores or disposes ignitable or reactive waste, or mixes incompatible waste or
incompatible wastes and other materials, must take precautions to prevent
reactions which:
(1) Generate extreme heat or
pressure, fire or explosions, or violent reactions;
(2) Produce uncontrolled toxic mists, fumes,
dusts, or gases in sufficient quantities to threaten human health or the
environment;
(3) Produce
uncontrolled flammable fumes or gases in sufficient quantities to pose a risk
of fire or explosions;
(4) Damage
the structural integrity of the device or facility;
(5) Through other like means threaten human
health or the environment.
(c) When required to comply with paragraph
(a) or (b) of this section, the owner or operator must document that
compliance. This documentation may be based on references to published
scientific or engineering literature, data from trial tests (e.g., bench scale
or pilot scale tests), waste analyses (as specified in § 264.13), or the
results of the treatment of similar wastes by similar treatment processes and
under similar operating conditions.
§ 264.18
Location standards
(a) Seismic considerations.
(1) Portions of new facilities where
treatment, storage, or disposal of hazardous waste will be conducted must not
be located within 61 meters (200 feet) of a fault which has had displacement in
Holocene time.
(2) As used in
paragraph (a)(1) above:
(i) "Fault" means a
fracture along which rocks on one side have been displaced with respect to
those on the other side.
(ii)
"Displacement" means the relative movement of any two sides of a fault measured
in any direction.
(iii) "Holocene"
means the most recent epoch of the Quaternary period, extending from the end of
the Pleistocene to the present.
[Comment: Procedures for demonstrating compliance with this standard in Part B of the permit application are specified in § 270.14(b)(11). Facilities which are located in political jurisdictions other than those listed in Appendix VI of this Section, are assumed to be in compliance with this requirement.]
(b) Floodplains.
(1) A facility located in a 100-year
floodplain must be designed, constructed, operated, and maintained to prevent
washout of any hazardous waste by a 100-year flood, unless the owner or
operator can demonstrate to the Director's satisfaction that:
(i) Procedures are in effect which will cause
the waste to be removed safely, before flood waters can reach the facility, to
a location where the wastes will not be vulnerable to flood waters;
or
(ii) For existing surface
impoundments, waste piles, land treatment units, landfills, and miscellaneous
units, no adverse effects on human health or the environment will result if
washout occurs, considering:
(A) The volume
and physical and chemical characteristics of the waste in the
facility;
(B) The concentration of
hazardous constituents that would potentially affect surface waters as a result
of washout;
(C) The impact of such
concentrations on the current or potential uses of and water quality standards
established for the affected surface waters; and
(D) The impact of hazardous constituents on
the sediments of affected surface waters or the soils of the 100-year
floodplain that could result from washout.
[Comment: The location where wastes are moved must be a facility which is either permitted by the Division under Section 270 of this rule or in interim status under Sections 270 and 265 of this rule.]
(2) As used in
paragraph (b)(1) of this section:
(i)
"100-year floodplain" means any land area which is subject to a one percent or
greater chance of flooding in any given year from any source.
(ii) "Washout" means the movement of
hazardous waste from the active portion of the facility as a result of
flooding.
(iii) "100-year flood"
means a flood that has a one percent chance of being equalled or exceeded in
any given year.
(c) Salt dome formations, salt bed
formations, underground mines and caves. The placement of any noncontainerized
or bulk liquid hazardous waste in any salt dome formation, salt bed formation,
underground mine or cave is prohibited.
Additional State Siting Criteria for Arkansas Facilities:
(d)
No permit shall be issued for a new hazardous waste management
facility in which the factor or combination of factors, set forth in
Subsections (1), (2), (3), (4), and (5) below exist except where the applicant
can affirmatively demonstrate and the Division specifically finds that the
location of such facilities in those areas would not constitute a risk to the
public health or environment:
(1)
An active fault zone;
(2)
A "regulatory floodway" as
adopted by communities participating in the National Flood Program managed by
the Federal Emergency Management Administration and the Arkansas Soil and Water
Conservation Commission;
(3)
A 100-year
floodplain;
(4)
A
recharge zone of a sole source aquifer designated pursuant to § 1424 (e)
of the Safe Drinking Water Act ( PL 93-532);
(5)
"Wetland areas" which are
inundated or saturated by surface water or groundwater at a frequency and
duration to support, and under normal circumstances to support or would support
vegetation typically adapted for life in saturated soil
conditions;
(e)
No permit shall be issued for a hazardous waste landfill facility or
surface impoundment if such facility is located in any area in which the
Division shall find that a geologic or pedologic factor, or combination of
factors, including but not confined to those enumerated in Subsections (1),
(2), (3), (4), and (5) below, would create any unacceptable risk to the public
health or safety due to the nature, design, and/or operation of the facility
described in the permit application:
(1)
Areas of high earthquake
potential; or
(2)
Areas having a soil which would be classified as vertisol or as having a
subgroup modifier of vertic by the criteria of the Soil Conservation Service of
the U.S. Department of Agriculture; or
(3)
Areas in which a stratum of
limestone or similar rock of an average thickness of more than 1 meter (3 feet)
shall lie within 30 meters (99 feet) of the base of the proposed liner system
as described in the application for permit; or
(4)
Areas in which the bottom of the
landfill's or impoundment's liner system or in-place soil barrier is less than
10 feet above the historically high water table; or
(5)
Where the proximity of a
functioning private or public water supply in relationship to any active
portion of the facility would constitute an unacceptable risk to the public
health or safety.
(f)
No permit shall be issued for
the construction or operation of a new commercial hazardous waste landfill if
the active portions of such facility are located within one half (1/2) mile of
any occupied dwelling, church, school, hospital, or similarly occupied
structure at the time the initial permit application is submitted to the
Division by the applicant unless the nature and amounts of hazardous wastes are
limited by conditions of permit in such a manner that the applicant can
affirmatively demonstrate and the Division finds that a lesser distance will
provide adequate margins of safety even under abnormal operating
conditions.
(g)
No permit shall be issued for a hazardous waste management facility in which
the Division shall find that factors or combination of factors, including but
not confined to Subsections (1) and (2) below, would create an unacceptable
risk to the public health or safety due to the nature, design and/or operation
of the facility described in the permit application.
(1)
The area and configuration of
the facility's property is such that the distance between active portions of
the facility and the facility's property line is less than 200
feet;
(2)
The
active portions of such facility are located less than 300 feet from the
right-of-way for:
(i)
a
public road;
(ii)
pipelines carrying natural gas, fuel oils, or chemicals, excluding service
lines to the facility;
(iii)
water and wastewater line,
other than the service lines to the facility; and
(iv)
power transmission lines, other
than service lines to the facility.
(h)
No permit shall be issued for
the construction or operation of a new hazardous waste management facility
unless the location of said facility is such that all performance standards set
forth in this Rule can be met.
(i)
The provisions of this
subsection shall not apply to treatment facilities which began operation prior
to the date of enactment of the Act which have an existing operating permit
from the Division, or to any subsequent modifications to such facilities,
provided that the owner of such facility demonstrates that such modifications
do not materially increase that degree of hazards associated with such
facility.
§
264.19
Construction quality assurance program
(a) CQA program.
(1) A construction quality assurance (CQA)
program is required for all surface impoundment, waste pile, and landfill units
that are required to comply with §§ 264.221 (c) and (d), 264.251 (c)
and (d), and 264.301 (c) and (d). The program must ensure that the constructed
unit meets or exceeds all design criteria and specifications in the permit. The
program must be developed and implemented under the direction of a CQA officer
who is an Arkansas-registered professional engineer.
(2) The CQA program must address the
following physical components, where applicable:
(i) Foundations;
(ii) Dikes;
(iii) Low-permeability soil liners;
(iv) Geomembranes (flexible membrane
liners);
(v) Leachate collection
and removal systems and leak detection systems; and
(vi) Final cover systems.
(b) Written CQA plan.
The owner or operator of units subject to the CQA program under paragraph (a)
of this section must develop and implement a written CQA plan. The plan must
identify steps that will be used to monitor and document the quality of
materials and the condition and manner of their installation. The CQA plan must
include:
(1) Identification of applicable
units, and a description of how they will be constructed.
(2) Identification of key personnel in the
development and implementation of the CQA plan, and CQA officer
qualifications.
(3) A description
of inspection and sampling activities for all unit components identified in
paragraph (a)(2) of this section, including observations and tests that will be
used before, during, and after construction to ensure that the construction
materials and the installed unit components meet the design specifications. The
description must cover: Sampling size and locations; frequency of testing; data
evaluation procedures; acceptance and rejection criteria for construction
materials; plans for implementing corrective measures; and data or other
information to be recorded and retained in the operating record under §
264.73.
(c) Contents of
program.
(1) The CQA program must include
observations, inspections, tests, and measurements sufficient to ensure:
(i) Structural stability and integrity of all
components of the unit identified in paragraph (a)(2) of this
section;
(ii) Proper construction
of all components of the liners, leachate collection and removal system, leak
detection system, and final cover system, according to permit specifications
and good engineering practices, and proper installation of all components
(e.g., pipes) according to design specifications;
(iii) Conformity of all materials used with
design and other material specifications under §§ 264.221, 264.251,
and 264.301.
(2) The CQA
program shall include test fills for compacted soil liners, using the same
compaction methods as in the full scale unit, to ensure that the liners are
constructed to meet the hydraulic conductivity requirements of §§
264.221(c)(1)(i)(B), 264.251(c)(1)(i)(B), and 264.301(c)(1)(i)(B) in the field.
Compliance with the hydraulic conductivity requirements must be verified by
using in-situ testing on the constructed test fill. The Director may accept an
alternative demonstration, in lieu of a test fill, where data are sufficient to
show that a constructed soil liner will meet the hydraulic conductivity
requirements of §§ 264.221(c)(1)(i)(B), 264.251 (c)(1)(i)(B), and
264.301(c)(1)(i)(B) in the field.
(d) Certification. Waste shall not be
received in a unit subject to § 264.19 until the owner or operator has
submitted to the Director by certified mail or hand delivery a certification
signed by the CQA officer that the approved CQA plan has been successfully
carried out and that the unit meets the requirements of §§ 264.221
(c) or (d), 264.251 (c) or (d), or 264.301 (c) or (d); and the procedure in
§ 270.30(l)(2)(ii) of this ule has been completed. Documentation
supporting the CQA officer's certification must be furnished to the Director
upon request.
§
264.20
State-specific Performance Standards
(a)
In addition to the provisions of
§§ 264, 265, and 270 and the other provisions of this
Rule, the following standards apply to hazardous waste
management facilities:
(1)
The capacity of hazardous waste storage facilities associated with a treatment
facility shall not exceed a volume equal to ninety (90) times the permitted
daily processing rate of the treatment process, unless 1) the Division shall
find that a lesser volume is required to provide adequate protection of public
health and safety; or 2) the applicant shall affirmatively demonstrate and the
Division finds that such a restriction shall unduly inhibit the use of the most
acceptable method or methods available for treatment.
(2)
The requirements of subsection
(a) (1) of this section shall not apply to wastewater treatment facilities
which are designed and operated to meet state and federal water pollution
control regulations.
(3)
Each facility shall be designed to operate and shall be operated in
such a manner that emissions from the facility will comply with the provisions
of the Arkansas Hazardous Waste Management Act of 1979, as amended, the
provisions of this Rule and all applicable state and federal
standards concerning air and water quality and that the transfer, handling and
storage of materials will not violate state and federal standards concerning
worker safety or create unreasonable hazards to the environment or to the
health and welfare of the people living and working in or near such facility;
and
(4)
When it
is technically feasible that destruction of the waste can be accomplished by
incineration utilizing currently available technology, no acutely hazardous
waste shall be disposed of in landfills in the State of Arkansas unless the
applicant can demonstrate that the waste is not included in Class I high hazard
materials as defined in the Chemical Manufacturers Association's "A System for
Management of Hazardous Waste by Degree of Hazard Under Subtitle "C" of RCRA"
dated July 30, 1979 or as revised or amended thereto after approval by the
Commission.
(b)
Incineration will be deemed technically feasible by the Director for
destruction of all acutely hazardous materials for which disposal in landfills
is not allowed unless:
(1)
the generator or the disposer can demonstrate to the satisfaction of the
Director that incineration is not technically feasible;
(2)
it is generally accepted by the
scientific community that incineration would not be technically feasible or
that incineration would not produce the desired results;
(3)
incineration would not
appreciably reduce the degree of hazard; or the toxicity of the waste results
primarily from inorganic materials which are not destroyed by
incineration.
(c)
The Director may give a waiver
to paragraph (a)(4) above if it can be demonstrated to his satisfaction that a
process other than incineration is available and will be used that would
destroy or permanently immobilize the hazardous components of the waste prior
to landfilling.
(d)
The following materials shall not be disposed of in landfills
permitted under this Rule and Rule No. 22:
(1)
Bulk liquids, semisolids and
sludges unless, before disposal, such waste is treated or stabilized into
cement-like material.
(2)
Containers holding free liquids unless all freestanding liquid has
been removed or treated or stabilized into cement-like material; or the
container is very small, such as an ampule, or is a lab pack as defined in
§ 264.316 or §265.316, as applicable and is disposed of in accordance
with 264.316 or 265.316 as applicable.
(3)
Municipal refuse which is not
hazardous waste.
(4)
Ignitable wastes in containers, unless all free liquids therein have
been removed or treated and stabilized into cement-like material.
Subsection
C
-- Preparedness and Prevention
§ 264.30
Applicability
The rules in this Subsection apply to owners and operators of all hazardous waste facilities, except as § 264.1 provides otherwise.
§ 264.31
Design and operation of facility
Facilities must be designed, constructed, maintained, and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment.
§ 264.32
Required equipment
All facilities must be equipped with the following, unless it can be demonstrated to the Director that none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below:
(a) An internal communications
or alarm system capable of providing immediate emergency instruction (voice or
signal) to facility personnel;
(b)
A device, such as a telephone (immediately available at the scene of
operations) or a handheld two-way radio, capable of summoning emergency
assistance from local police departments, fire departments, or State or local
emergency response teams;
(c)
Portable fire extinguishers, fire control equipment (including special
extinguishing equipment, such as that using foam, inert gas, or dry chemicals),
spill control equipment, and decontamination equipment; and
(d) Water at adequate volume and pressure to
supply water hose streams, or foam producing equipment, or automatic
sprinklers, or water spray systems.
[Comment: Section 270 of this rule requires that an owner or operator who wishes to make the demonstration referred to above must do so with Part B of the permit application.]
§ 264.33
Testing and maintenance
of equipment
All facility communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained as necessary to assure its proper operation in time of emergency.
§
264.34
Access to communications or alarm system
(a) Whenever hazardous waste is being poured,
mixed, spread, or otherwise handled, all personnel involved in the operation
must have immediate access to an internal alarm or emergency communication
device, either directly or through visual or voice contact with another
employee, unless the Director has ruled that such a device is not required
under § 264.32.
(b) If there
is ever just one employee on the premises while the facility is operating, he
must have immediate access to a device, such as a telephone (immediately
available at the scene of operation) or a hand-held two-way radio, capable of
summoning external emergency assistance, unless the Director has ruled that
such a device is not required under § 264.32.
§ 264.35
Required aisle
space
The owner or operator must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless it can be demonstrated to the Director that aisle space is not needed for any of these purposes.
[Comment: Section 270 of this rule requires that an owner or operator who wishes to make the demonstration referred to above must do so with Part B of the permit application.]
§
264.36
[Reserved]
§ 264.37
Arrangements with local
authorities
(a) The owner or operator
must attempt to make the following arrangements, as appropriate for the type of
waste handled at his facility and the potential need for the services of these
organizations:
(1) Arrangements to
familiarize police, fire departments, and emergency response teams with the
layout of the facility, properties of hazardous waste handled at the facility
and associated hazards, places where facility personnel would normally be
working, entrances to and roads inside the facility, and possible evacuation
routes;
(2) Where more than one
police and fire department might respond to an emergency, agreements
designating primary emergency authority to a specific police and a specific
fire department, and agreements with any others to provide support to the
primary emergency authority;
(3)
Agreements with State emergency response teams, emergency response contractors,
and equipment suppliers; and
(4)
Arrangements to familiarize local hospitals with the properties of hazardous
waste handled at the facility and the types of injuries or illnesses which
could result from fires, explosions, or releases at the
facility.
(b) Where State
or local authorities decline to enter into such arrangements, the owner or
operator must document the refusal in the operating
record.
Subsection
D
-- Contingency Plan and Emergency Procedures
§ 264.50
Applicability
The rules in this Subsection apply to owners and operators of all hazardous waste facilities, except as § 264.1 provides otherwise.
§ 264.51
Purpose and implementation of contingency plan
(a) Each owner or operator must have a
contingency plan for his facility. The contingency plan must be designed to
minimize hazards to human health or the environment from fires, explosions, or
any unplanned sudden or non-sudden release of hazardous waste or hazardous
waste constituents to air, soil, or surface water.
(b) The provisions of the plan must be
carried out immediately whenever there is a fire, explosion, or release of
hazardous waste or hazardous waste constituents which could threaten human
health or the environment.
§
264.52
Content of contingency plan
(a) The contingency plan must describe the
actions facility personnel must take to comply with §§ 264.51 and
264.56 in response to fires, explosions, or any unplanned sudden or non-sudden
release of hazardous waste or hazardous waste constituents to air, soil, or
surface water at the facility.
(b)
If the owner or operator has already prepared a Spill Prevention, Control, and
Countermeasures (SPCC) Plan in accordance with 40 CFR Part 112, or some other
emergency or contingency plan, he need only amend that plan to incorporate
hazardous waste management provisions that are sufficient to comply with the
requirements of this Section. The owner or operator may develop one contingency
plan which meets all regulatory requirements. EPA recommends that the plan be
based on the National Response Team's Integrated Contingency Plan Guidance
("One Plan"). When modifications are made to non-RCRA provisions in an
integrated contingency plan, the changes do not trigger the need for a RCRA
permit modification.
(c) The plan
must describe arrangements agreed to by local police departments, fire
departments, hospitals, contractors, and State and local emergency response
teams to coordinate emergency services, pursuant to § 264.37.
(d) The plan must list names, addresses, and
phone numbers (office and home) of all persons qualified to act as emergency
coordinator (see § 264.55), and this list must be kept up to date. Where
more than one person is listed, one must be named as primary emergency
coordinator and others must be listed in the order in which they will assume
responsibility as alternates. For new facilities, this information must be
supplied to the Director at the time of certification, rather than at the time
of permit application.
(e) The plan
must include a list of all emergency equipment at the facility (such as fire
extinguishing systems, spill control equipment, communications and alarm
systems (internal and external), and decontamination equipment), where this
equipment is required. This list must be kept up to date. In addition, the plan
must include the location and a physical description of each item on the list,
and a brief outline of its capabilities.
(f) The plan must include an evacuation plan
for facility personnel where there is a possibility that evacuation could be
necessary. This plan must describe signal(s) to be used to begin evacuation,
evacuation routes, and alternate evacuation routes (in cases where the primary
routes could be blocked by releases of hazardous waste or fires).
§ 264.53
Copies of
contingency plan
A copy of the contingency plan and all revisions to the plan must be:
(a) Maintained at the
facility; and
(b) Submitted to all
local police departments, fire departments, hospitals, and State and local
emergency response teams that may be called upon to provide emergency services.
[Comment: The contingency plan must be submitted to the Director with Part B of the permit application under Section 270, of this rule and, after modification or approval, will become a condition of any permit issued.]
§
264.54
Amendment of contingency plan
The contingency plan must be reviewed, and immediately amended, if necessary, whenever:
(a) The
facility permit is revised;
(b) The
plan fails in an emergency;
(c) The
facility changes - in its design, construction, operation, maintenance, or
other circumstances - in a way that materially increases the potential for
fires, explosions, or releases of hazardous waste or hazardous waste
constituents, or changes the response necessary in an emergency;
(d) The list of emergency coordinators
changes; or
(e) The list of
emergency equipment changes.
§
264.55
Emergency coordinator
At all times, there must be at least one employee either on the facility premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures. This emergency coordinator must be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person must have the authority to commit the resources needed to carry out the contingency plan.
[Comment: The emergency coordinator's responsibilities are more fully spelled out in § 264.56. Applicable responsibilities for the emergency coordinator vary, depending on factors such as type and variety of waste(s) handled by the facility, and type and complexity of the facility.]
§ 264.56
Emergency procedures
(a) Whenever
there is an imminent or actual emergency situation, the emergency coordinator
(or his designee when the emergency coordinator is on call) must immediately:
(1) Activate internal facility alarms or
communication systems, where applicable, to notify all facility personnel;
and
(2) Notify appropriate State or
local agencies with designated response roles if their help is
needed.
(b) Whenever
there is a release, fire, or explosion, the emergency coordinator must
immediately identify the character, exact source, amount, and areal extent of
any released materials. He may do this by observation or review of facility
records or manifests, and, if necessary, by chemical analysis.
(c) Concurrently, the emergency coordinator
must assess possible hazards to human health or the environment that may result
from the release, fire, or explosion. This assessment must consider both direct
and indirect effects of the release, fire, or explosion (e.g., the effects of
any toxic, irritating, or asphyxiating gases that are generated, or the effects
of any hazardous surface water run-off from water or chemical agents used to
control fire and heat-induced explosions).
(d) If the emergency coordinator determines
that the facility has had a release, fire, or explosion which could threaten
human health, or the environment, outside the facility, he must report his
findings as follows:
(1) If his assessment
indicates that evacuation of local areas may be advisable, he must immediately
notify appropriate local authorities. He must be available to help appropriate
officials decide whether local areas should be evacuated; and
(2) He must immediately notify either the
government official designated as the on-scene coordinator for that
geographical area, or the National Response Center (using their 24-hour toll
free number, 1-800-424-8802). The report must include:
(i) Name and telephone number of
reporter;
(ii) Name and address of
facility;
(iii) Time and type of
incident (e.g., release, fire);
(iv) Name and quantity of material(s)
involved, to the extent known;
(v)
The extent of injuries, if any; and
(vi) The possible hazards to human health, or
the environment, outside the facility.
(e) During an emergency, the emergency
coordinator must take all reasonable measures necessary to ensure that fires,
explosions, and releases do not occur, recur, or spread to other hazardous
waste at the facility. These measures must include, where applicable, stopping
processes and operations, collecting and containing release waste, and removing
or isolating containers.
(f) If the
facility stops operations in response to a fire, explosion, or release, the
emergency coordinator must monitor for leaks, pressure buildup, gas generation,
or ruptures in valves, pipes, or other equipment, wherever this is
appropriate.
(g) Immediately after
an emergency, the emergency coordinator must provide for treating, storing, or
disposing of recovered waste, contaminated soil or surface water, or any other
material that results from a release, fire, or explosion at the facility.
[Comment: Unless the owner or operator can demonstrate, in accordance with § 261.3(c) or (d) of this rule, that the recovered material is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and must manage it in accordance with all applicable requirements of Sections 262, 263, and 264 of this rule.]
(h) The emergency coordinator must ensure
that, in the affected area(s) of the facility:
(1) No waste that may be incompatible with
the released material is treated, stored, or disposed of until cleanup
procedures are completed; and
(2)
All emergency equipment listed in the contingency plan is cleaned and fit for
its intended use before operations are resumed.
(i) The owner or operator must note in the
operating record the time, date, and details of any incident that requires
implementing the contingency plan. Within 15 days after the incident, he must
submit a written report on the incident to the Director. The report must
include:
(1) Name, address, and telephone
number of the owner or operator;
(2) Name, address, and telephone number of
the facility;
(3) Date, time, and
type of incident (e.g., fire, explosion);
(4) Name and quantity of material(s)
involved;
(5) The extent of
injuries, if any;
(6) An assessment
of actual or potential hazards to human health or the environment, where this
is applicable; and
(7) Estimated
quantity and disposition of recovered material that resulted from the
incident.
Subsection E-- Manifest System,
Recordkeeping, and Reporting
§
264.70
Applicability
(a) The rules in this Subsection apply to
owners and operators of both on-site and off-site facilities, except as §
264.1 provides otherwise. Sections 264.71, 264.72, and 264.76 do not apply to
owners and operators of on-site facilities that do not receive any hazardous
waste from off-site sources, and to owners and operators of off-site facilities
with respect to waste military munitions exempted from manifest requirements
under Section 266.203(a) of this rule.
(b) The revised Manifest form and procedures
in 40 CFR and Sections 260.10, 261.7, 264.70, 264.71. 264.72, and 264.76 of
this Rule, shall not apply until September 5, 2006. The Manifest form and
procedures in
40
CFR 260.10,
261.7,
264.70,
264.71.
264.72, and 264.76, contained in the 40 CFR, parts 260 to 265, edition revised
as of July 1, 2004, shall be applicable until September 5,
2006.
§ 264.71
Use of manifest system
(a)
(1) If a facility receives hazardous waste
accompanied by a manifest, the owner, operator or his/her agent must sign and
date the manifest as indicated in paragraph (a)(2) to certify that the
hazardous waste covered by the manifest was received, that the hazardous waste
was received except as noted in the discrepancy space of the manifest, or that
the hazardous waste was rejected as noted in the manifest discrepancy
space.
(2) If a facility receives a
hazardous waste shipment accompanied by a manifest, the owner, operator or his
agent must:
(i) Sign and date each copy of
the manifest;
(ii) Note any
discrepancies (as defined in § 264.72(a)) on each copy of the
manifest;
(iii) Immediately give
the transporter at least one copy of the manifest;
(iv) Within 30 days of delivery, send a copy
(Page 2) of the manifest to the generator;
(v) Paper manifest submission requirements
are:
(A) Options for compliance on June 30,
2018. Beginning on June 30, 2018, send the top copy (Page 1) of any paper
manifest and any paper continuation sheet to the EPA's e-Manifest system for
purposes of data entry and processing, or in lieu of submitting the paper copy
to EPA, the owner or operator may transmit to the EPA system an image file of
Page 1 of the manifest and any continuation sheet, or both a data file and
image file corresponding to Page 1 of the manifest and any continuation sheet,
within 30 days of the date of delivery. Submissions of copies to the e-Manifest
system shall be made at the mailing address or electronic mail/submission
address specified at the e-Manifest program website's directory of services.
Beginning on June 30, 2021, EPA will not accept mailed paper manifests from
facilities for processing in e-Manifest.
(B) Options for compliance on June 30,
2021. Beginning on June 30, 2021, the requirement to submit
the top copy (Page 1) of the paper manifest and any paper continuation sheet to
the e-Manifest system for purposes of data entry and processing may be met by
the owner or operator only by transmitting to the EPA system an image file of
Page 1 of the manifest and any continuation sheet, or by transmitting to the
EPA system both a data file and the image file corresponding to Page 1 of the
manifest and any continuation sheet, within 30 days of the date of delivery.
Submissions of copies to the e-Manifest system shall be made to the electronic
mail/submission address specified at the e-Manifest program website's directory
of services; and
(vi)
Retain at the facility a copy of each manifest for at least three years from
the date of delivery.
(3)
The owner or operator of a facility receiving hazardous waste subject to
section 262, subsection H from a foreign source must:
(i) Additionally list the relevant consent
number from consent documentation supplied by EPA to the facility for each
waste listed on the manifest, matched to the relevant list number for the waste
from block 9b. If additional space is needed, the owner or operator should use
a Continuation Sheet(s) (EPA Form 8700-22A); and
(ii) Send a copy of the manifest within
thirty (30) days of delivery to EPA using the addresses listed in §
262.82(e) until the facility can submit such a copy to the e-Manifest system
per paragraph (a)(2)(v) of this section.
(b) If a facility receives, from a rail or
water (bulk shipment) transporter, hazardous waste which is accompanied by a
shipping paper containing all the information required on the manifest
(excluding the EPA identification numbers, generator's certification, and
signatures), the owner or operator, or his agent, must:
(1) Sign and date each copy of the manifest
or shipping paper (if the manifest has not been received) to certify that the
hazardous waste covered by the manifest or shipping paper was
received;
(2) Note any significant
discrepancies (as defined in § 264.72(a)) in the manifest or shipping
paper (if the manifest has not been received) on each copy of the manifest or
shipping paper.
[Comment: The Division and EPA do not intend that the owner or operator of a facility whose procedures under § 264.13(c) include waste analysis must perform that analysis before signing the shipping paper and giving it to the transporter. Section 264.72(b), however, requires reporting an unreconciled discrepancy discovered during later analysis.]
(3) Immediately give the rail or water (bulk
shipment) transporter at least one copy of the manifest or shipping paper (if
the manifest has not been received);
(4) Within 30 days after the delivery, send a
copy of the signed and dated manifest or a signed and dated copy of the
shipping paper (if the manifest has not been received within 30 days after
delivery) to the generator, and
[Comment: Section 262.23(c) of this rule requires the generator to send three copies of the manifest to the facility when hazardous waste is sent by rail or water (bulk shipment).]
(5) Retain at the facility a copy of the
manifest and shipping paper (if signed in lieu of the manifest at the time of
delivery) for at least three years from the date of delivery.
(c) Whenever a shipment of
hazardous waste is initiated from a facility, the owner or operator of that
facility must comply with the requirements of Section 262 of this rule. The
provisions of §§ 262.15, 262.16, and 262.17 of this rule are
applicable to the on-site accumulation of hazardous wastes by generators.
Therefore, the provisions of §§ 262.15, 262.16, and 262.17 of this
rule only apply to owners or operators who are shipping hazardous waste which
they generated at that facility or operating as a large quantity generator
consolidating hazardous waste from very small quantity generators under §
262.17(f).
(d) As per §
262.84(d)(2)(xv), within three (3) working days of the receipt of a shipment
subject to section 262, subsection H, the owner or operator of a facility must
provide a copy of the movement document bearing all required signatures to the
foreign exporter; to the competent authorities of the countries of export and
transit that control the shipment as an export and transit of hazardous waste
respectively; and on or after the electronic import-export reporting compliance
date, to EPA electronically using EPA's Waste Import Export Tracking System
(WIETS), or its successor system. The original copy of the movement document
must be maintained at the facility for at least three (3) years from the date
of signature. The owner or operator of a facility may satisfy this
recordkeeping requirement by retaining electronically submitted documents in
the facility's account on EPA's Waste Import Export Tracking System (WIETS), or
its successor system, provided that copies are readily available for viewing
and production if requested by any EPA or authorized state inspector. No owner
or operator of a facility may be held liable for the inability to produce the
documents for inspection under this section if the owner or operator of a
facility can demonstrate that the inability to produce the document is due
exclusively to technical difficulty with EPA's Waste Import Export Tracking
System (WIETS), or its successor system, for which the owner or operator of a
facility bears no responsibility.
(e)
Treatment, storage, and disposal
facilities shall notify this Division and the Arkansas Highway Police of any
unpermitted transporters arriving at their gates or attempting to deliver
hazardous waste to their facility.
(f) A facility must determine whether the
consignment state for a shipment regulates any additional wastes (beyond those
regulated Federally) as hazardous wastes under its state hazardous waste
program. Facilities must also determine whether the consignment state or
generator state requires the facility to submit any copies of the manifest to
these states.
(g) Legal equivalence
to paper manifests. Electronic manifests that are obtained, completed, and
transmitted in accordance with § 262.20(a)(3), and used in accordance with
this section in lieu of the paper manifest form are the legal equivalent of
paper manifest forms bearing handwritten signatures, and satisfy for all
purposes any requirement in these rules to obtain, complete, sign, provide,
use, or retain a manifest.
(1) Any requirement
in these rules for the owner or operator of a facility to sign a manifest or
manifest certification by hand, or to obtain a handwritten signature, is
satisfied by signing with or obtaining a valid and enforceable electronic
signature within the meaning of
40 C.F.R. §
262.25(a).
(2) Any requirement in these rules to give,
provide, send, forward, or to return to another person a copy of the manifest
is satisfied when a copy of an electronic manifest is transmitted to the other
person.
(3) Any requirement in
these rules for a manifest to accompany a hazardous waste shipment is satisfied
when a copy of an electronic manifest is accessible during transportation and
forwarded to the person or persons who are scheduled to receive delivery of the
waste shipment.
(4) Any requirement
in these rules for an owner or operator to keep or retain a copy of each
manifest is satisfied by the retention of the facility's electronic manifest
copies in its account on the e-Manifest system, provided that such copies are
readily available for viewing and production if requested by any EPA or
authorized state inspector.
(5) No
owner or operator may be held liable for the inability to produce an electronic
manifest for inspection under this section if the owner or operator can
demonstrate that the inability to produce the electronic manifest is due
exclusively to a technical difficulty with the electronic manifest system for
which the owner or operator bears no responsibility.
(h) An owner or operator may participate in
the electronic manifest system either by accessing the electronic manifest
system from the owner's or operator's electronic equipment, or by accessing the
electronic manifest system from portable equipment brought to the owner's or
operator's site by the transporter who delivers the waste shipment to the
facility.
(i) Special procedures
applicable to replacement manifests. If a facility receives hazardous waste
that is accompanied by a paper replacement manifest for a manifest that was
originated electronically, the following procedures apply to the delivery of
the hazardous waste by the final transporter:
(1) Upon delivery of the hazardous waste to
the designated facility, the owner or operator must sign and date each copy of
the paper replacement manifest by hand in Item 20 (Designated Facility
Certification of Receipt) and note any discrepancies in Item 18 (Discrepancy
Indication Space) of the paper replacement manifest.
(2) The owner or operator of the facility
must give back to the final transporter one copy of the paper replacement
manifest.
(3) Within 30 days of
delivery of the waste to the designated facility, the owner or operator of the
facility must send one signed and dated copy of the paper replacement manifest
to the generator, and send an additional signed and dated copy of the paper
replacement manifest to the electronic manifest system, and
(4) The owner or operator of the facility
must retain at the facility one copy of the paper replacement manifest for at
least three years from the date of delivery.
(j) Special procedures applicable to
electronic signature methods undergoing tests. If an owner or operator using an
electronic manifest signs this manifest electronically using an electronic
signature method which is undergoing pilot or demonstration tests aimed at
demonstrating the practicality or legal dependability of the signature method,
then the owner or operator shall also sign with an ink signature the facility's
certification of receipt or discrepancies on the printed copy of the manifest
provided by the transporter. Upon executing its ink signature on this printed
copy, the owner or operator shall retain this original copy among its records
for at least 3 years from the date of delivery of the waste.
(k) Imposition of user fee for manifest
submissions:
(1) As prescribed in 40 CFR Part
264.1311, and determined in 40 CFR Part 264.1312, an owner or operator who is a
user of the electronic manifest system shall be assessed a user fee by EPA for
the submission and processing of each electronic and paper manifest. EPA shall
update the schedule of user fees and publish them to the user community, as
provided in 40 CFR Part 264.1313.
(2) An owner or operator subject to user fees
under this section shall make user fee payments in accordance with the
requirements of 40 CFR Part 264.1314, subject to the informal fee dispute
resolution process of 40 CFR Part 264.1316, and subject to the sanctions for
delinquent payments under 40 CFR Part 264.1315.
(l) Electronic Manifest Signatures.
Electronic manifest signatures shall meet the criteria described in §
262.25(a) of this Chapter.
(m)
Post-receipt manifest data corrections. After facilities have certified to the
receipt of hazardous wastes by signing Item 20 of the manifest, any
post-receipt data corrections may be submitted at any time by any interested
person (e.g., waste handler) shown on the manifest.
(1) Interested persons must make all
corrections to manifest data by electronic submission, either by directly
entering corrected data to the web based service provided in e-Manifest for
such corrections, or by an upload of a data file containing data corrections
relating to one or more previously submitted manifests.
(2) Each correction submission must include
the following information:
(i) The Manifest
Tracking Number and date of receipt by the facility of the original manifest(s)
for which data are being corrected;
(ii) The item number(s) of the original
manifest that is the subject of the submitted correction(s); and
(iii) For each item number with corrected
data, the data previously entered and the corresponding data as corrected by
the correction submission.
(3) Each correction submission shall include
a statement that the person submitting the corrections certifies that to the
best of his or her knowledge or belief, the corrections that are included in
the submission will cause the information reported about the previously
received hazardous wastes to be true, accurate, and complete:
(i) The certification statement must be
executed with a valid electronic signature; and
(ii) A batch upload of data corrections may
be submitted under one certification statement.
(4) Upon receipt by the system of any
correction submission, other interested persons shown on the manifest will be
provided electronic notice of the submitter's corrections.
(5) Other interested persons shown on the
manifest may respond to the submitter's corrections with comments to the
submitter, or by submitting another correction to the system, certified by the
respondent as specified in paragraph (m)(3) of this section, and with notice of
the corrections to other interested persons shown on the manifest.
§ 264.72
Manifest discrepancies
(a) Manifest
discrepancies are:
(1) Significant differences
(as defined by paragraph (b) of this section) between the quantity or type of
hazardous waste designated on the manifest or shipping paper, and the quantity
and type of hazardous waste a facility actually receives;
(2) Rejected wastes, which may be a full or
partial shipment of hazardous waste that the TSDF cannot accept; or
(3) Container residues, which are residues
that exceed the quantity limits for "empty" containers set forth in §
261.7(b) of this rule.
(b) Significant differences in quantity are:
For bulk waste, variations greater than 10 percent in weight; for batch waste,
any variation in piece count, such as a discrepancy of one drum in a truckload.
Significant differences in type are obvious differences which can be discovered
by inspection or waste analysis, such as waste solvent substituted for waste
acid, or toxic constituents not reported on the manifest or shipping
paper.
(c) Upon discovering a
significant discrepancy, the owner or operator must attempt to reconcile the
discrepancy with the waste generator or transporter (e.g., with telephone
conversations). If the discrepancy is not resolved within 15 days after
receiving the waste, the owner or operator must immediately submit to the
Director a letter describing the discrepancy and attempts to reconcile it, and
a copy of the manifest or shipping paper at issue.
(d)
(1)
Upon rejecting waste or identifying a container residue that exceeds the
quantity limits for "empty" containers set forth in Section 261.7(b) of this
Rule, the facility must consult with the generator prior to forwarding the
waste to another facility that can manage the waste. If it is impossible to
locate an alternative facility that can receive the waste, the facility may
return the rejected waste or residue to the generator. The facility must send
the waste to the alternative facility or to the generator within 60 days of the
rejection or the container residue identification.
(2) While the facility is making arrangements
for forwarding rejected wastes or residues to another facility under this
section, it must ensure that either the delivering transporter retains custody
of the waste, or, the facility must provide for secure, temporary custody of
the waste, pending delivery of the waste to the first transporter designated on
the manifest prepared under paragraph (e) or (f) of this Section.
(e) Except as provided in
paragraph (e)(7) of this section, for full or partial load rejections and
residues that are to be sent off-site to an alternate facility, the facility is
required to prepare a new manifest in accordance with § 262.20(a) of this
Rule and the following instructions:
(1)
Write the generator's U.S. EPA ID number in Item 1 of the new manifest. Write
the generator's name and mailing address in Item 5 of the new manifest. If the
mailing address is different from the generator's site address, then write the
generator's site address in the designated space for Item 5.
(2) Write the name of the alternate
designated facility and the facility's U.S. EPA ID number in the designated
facility block (Item 8) of the new manifest.
(3) Copy the manifest tracking number found
in Item 4 of the old manifest to the Special Handling and Additional
Information Block of the new manifest, and indicate that the shipment is a
residue or rejected waste from the previous shipment,
(4) Copy the manifest tracking number found
in Item 4 of the new manifest to the manifest reference number line in the
Discrepancy Block of the old manifest (Item 18a).
(5) Write the DOT description for the
rejected load or the residue in Item 9 (U.S. DOT Description) of the new
manifest and write the container types, quantity, and volume(s) of
waste.
(6) Sign the
Generator's/Offeror's Certification to certify, as the offeror of the shipment,
that the waste has been properly packaged, marked and labeled and is in proper
condition for transportation, and mail a signed copy of the manifest to the
generator identified in Item 5 of the new manifest.
(7) For full load rejections that are made
while the transporter remains present at the facility, the facility may forward
the rejected shipment to the alternate facility by completing Item 18b of the
original manifest and supplying the information on the next destination
facility in the Alternate Facility space. The facility must retain a copy of
this manifest for its records, and then give the remaining copies of the
manifest to the transporter to accompany the shipment. If the original manifest
is not used, then the facility must use a new manifest and comply with
paragraphs (e)(1), (2), (3), (4), (5), and (6) of this Section.
(f) Except as provided in
paragraph (f)(7) of this section, for rejected wastes and residues that must be
sent back to the generator, the facility is required to prepare a new manifest
in accordance with § 262.20(a) of this Rule and the following
instructions:
(1) Write the facility's U.S.
EPA ID number in Item 1 of the new manifest. Write the facility's name and
mailing address in Item 5 of the new manifest. If the mailing address is
different from the facility's site address, then write the facility's site
address in the designated space for Item 5 of the new manifest.
(2) Write the name of the initial generator
and the generator's U.S. EPA ID number in the designated facility block (Item
8) of the new manifest.
(3) Copy
the manifest tracking number found in Item 4 of the old manifest to the Special
Handling and Additional Information Block of the new manifest, and indicate
that the shipment is a residue or rejected waste from the previous
shipment,
(4) Copy the manifest
tracking number found in Item 4 of the new manifest to the manifest reference
number line in the Discrepancy Block of the old manifest (Item 18a),
(5) Write the DOT description for the
rejected load or the residue in Item 9 (U.S. DOT Description) of the new
manifest and write the container types, quantity, and volume(s) of
waste.
(6) Sign the
Generator's/Offeror's Certification to certify, as offeror of the shipment,
that the waste has been properly packaged, marked and labeled and is in proper
condition for transportation,
(7)
For full load rejections that are made while the transporter remains at the
facility, the facility may return the shipment to the generator with the
original manifest by completing Item 18a and 18b of the manifest and supplying
the generator's information in the Alternate Facility space. The facility must
retain a copy for its records and then give the remaining copies of the
manifest to the transporter to accompany the shipment. If the original manifest
is not used, then the facility must use a new manifest and comply with
paragraphs (f)(1), (2), (3), (4), (5), (6), and (8) of this
Subsection.
(8) For full or partial
load rejections and container residues contained in non-empty containers that
are returned to the generator, the facility must also comply with the exception
reporting requirements in § 262.42(a) of this rule.
(g) If a facility rejects a waste or
identifies a container residue that exceeds the quantity limits for "empty"
containers set forth in § 261.7(b) of this rule after it has signed,
dated, and returned a copy of the manifest to the delivering transporter or to
the generator, the facility must amend its copy of the manifest to indicate the
rejected wastes or residues in the discrepancy space of the amended manifest.
The facility must also copy the manifest tracking number from Item 4 of the new
manifest to the Discrepancy space of the amended manifest, and must re-sign and
date the manifest to certify to the information as amended. The facility must
retain the amended manifest for at least three years from the date of
amendment, and must within 30 days, send a copy of the amended manifest to the
transporter and generator that received copies prior to their being
amended.
§ 264.73
Operating record
(a) The owner
or operator must keep a written operating record at his facility.
(b) The following information must be
recorded, as it becomes available, and maintained in the operating record for
three years unless noted as follows:
(1) A
description and the quantity of each hazardous waste received, and the
method(s) and date(s) of its treatment, storage, or disposal at the facility as
required by Appendix I; to this Section. This information must be maintained in
the operating record until closure of the facility;
(2) The location of each hazardous waste
within the facility and the quantity at each location. For disposal facilities,
the location and quantity of each hazardous waste must be recorded on a map or
diagram that shows each cell or disposal area. For all facilities,this
information must include cross-references to manifest document numbers if the
waste was accompanied by a manifest. This information must be maintained in the
operating record until closure of the facility;
[Comment: See § 264.119 for related requirements.]
(3) Records
and results of waste analyses performed as specified in §§ 264.13,
264.17, 264.314, 264.341, 264.1034, 264.1063, 264.1083, 268.4(a), and 268.7 of
this rule.
(4) Summary reports and
details of all incidents that require implementing the contingency plan as
specified in § 264.56(j);
(5)
Records and results of inspections as required by § 264.15(d) (except
these data need be kept only three years);
(6) Monitoring, testing or analytical data,
and corrective action where required by Subsection F of this Section and
Sections 264.19, 264.191, 264.193, 264.195, 264.222, 264.223, 264.226,
264.252-264.254, 264.276, 264.278, 264.280, 264.302-264.304, 264.309, 264.602,
264.1034(c)-264.1034(f), 264.1035, 264.1063(d)-264.1063(i), 264.1064, and
264.1082 through 264.1090 of this Section. This information must be maintained
in the operating record for three years, except for records and results
pertaining to groundwater monitoring and cleanup which must be maintained in
the operating record until closure of the facility.
(7) For off-site facilities, notices to
generators as specified in § 264.12(b); and
(8) All closure cost estimates under §
264.142, and, for disposal facilities, all postclosure cost estimates under
§ 264.144 of this Section. This information must be maintained in the
operating record until closure of the facility.
(9) A certification by the permittee no less
often than annually, that the permittee has a program in place to reduce the
volume and toxicity of hazardous waste that he generates to the degree
determined by the permittee to be economically practicable; and the proposed
method of treatment, storage or disposal is that practicable method currently
available to the permittee which minimizes the present and future threat to
human health and the environment.
(10) Records of the quantities (and date of
placement) for each shipment of hazardous waste placed in land disposal units
under an extension to the effective date of any land disposal restriction
granted pursuant to § 268.5 of this Rule, a petition pursuant to §
268.6 of this Rule, or a certification under § 268.8 of this Rule, and the
applicable notice required by a generator under § 268.7(a) of this Rule.
This information must be maintained in the operating record until closure of
the facility.
(11) For an off-site
treatment facility, a copy of the notice, and the certification and
demonstration, if applicable, required by the generator or the owner or
operator under § 268.7 or § 268.8;
(12) For an on-site treatment facility, the
information contained in the notice (except the manifest number), and the
certification and demonstration if applicable, required by the generator or the
owner or operator under § 268.7 or § 268.8;
(13) For an off-site land disposal facility,
a copy of the notice, and the certification and demonstration if applicable,
required by the generator or the owner or operator of a treatment facility
under § 268.7 and § 268.8, whichever is applicable; and
(14) For an on-site land disposal facility,
the information contained in the notice required by the generator or owner or
operator of a treatment facility under § 268.7, except for the manifest
number, and the certification and demonstration if applicable, required under
§ 268.8, whichever is applicable.
(15) For an off-site storage facility, a copy
of the notice, and the certification and demonstration if applicable, required
by the generator or the owner or operator under § 268.7 or §
268.8;
(16) For an on-site storage
facility, the information contained in the notice (except the manifest number),
and the certification and demonstration if applicable, required by the
generator or the owner or operator under § 268.7 or § 268.8;
and
(17) Any records required under
§ 264.1(j)(13).
(18)
Monitoring, testing or analytical data where required by § 264.347 must be
maintained in the operating record for five years.
(19) Certifications as required by §
264.196(f) must be maintained in the operating record until closure of the
facility.
§
264.74
Availability, retention, and disposition of
records
(a) All records, including
plans, required under this Section must be furnished upon request, and made
available at all reasonable times for inspection, by any officer, employee, or
representative of the Division or EPA who is duly designated by the
Director.
(b) The retention period
for all records required under this Section is extended automatically during
the course of any unresolved enforcement action regarding the facility or as
requested by the Director.
(c) A
copy of records of waste disposal locations and quantities under §
264.73(b)(2) must be submitted to the Director and local land authority upon
closure of the facility.
§
264.75
Annual Report
The owner or operator of a treatment, storage or disposal facility must prepare and submit a single copy of an Annual Report to the Director not later than March 1, of each year. The Annual report must be submitted on forms or in an electronic format furnished or approved by the Division and in accordance with the annual instruction booklet provided by the Division. The report must cover facility activities during the previous calendar year and must include, at a minimum, the following information:
(a)
The
EPA identification number, name and address of the facility;
(b)
The calendar year covered by the
report;
(c)
For
offsite facilities, the EPA identification number of each hazardous waste
generator from which the facility received a hazardous waste during the
year;
(d)
For
imported shipments, the report must give the name and address of the foreign
generator;
(e)
A
description and the quantity of each hazardous waste the facility received
during the year. For offsite facilities, this information must be listed by EPA
identification number of each generator.
(f)
The method of treatment,
storage, or disposal for each hazardous waste;
(g)
The most recent closure cost
estimate under § 264.142, and, for disposal facilities, the most recent
post-closure cost estimate under § 264.144; and
(h)
For generators who treat, store,
or dispose of hazardous waste on-site, a description of the efforts under-taken
during the year to reduce the volume and toxicity of waste
generated.
(i)
For generators who treat, store, or dispose of hazardous waste on-site, a
description of the changes in volume and toxicity of waste actually achieved
during the year in comparison to previous years to the extent such information
is available for the years prior to 1984.
(j)
A certification signed by the
owner or operator of the facility or his authorized representative that the
report is true, accurate, and correct.
(k)
The owner or operator of a land
disposal facility must, in addition to the requirements above, submit
monitoring data under § 265.94(a)(2) (ii) and (iii), and (b)(2), in
accordance with the requirements set forth in the facility's
permit.
(l)
Commercial hazardous waste management facilities shall submit their Annual
Report in an electronic format as prescribed in the annual reporting
instructions, or as otherwise coordinated with the Division.
§ 264.76
Un-manifested
waste report
(a) If a facility accepts
for treatment, storage, or disposal any hazardous waste from an offsite source
without an accompanying manifest, or without an accompanying shipping paper as
described by § 263.20(e) of this Rule, and if the waste is not excluded
from the manifest requirement by this Rule, then the owner or operator must
prepare and submit a letter to the Director within 15 days after receiving the
waste. The unmanifested waste report must contain the following information:
(1) The EPA identification number, name and
address of the facility;
(2) The
date the facility received the waste;
(3) The EPA identification number, name and
address of the generator and the transporter, if available;
(4) A description and the quantity of each
unmanifested hazardous waste the facility received;
(5) The method of treatment, storage, or
disposal for each hazardous waste;
(6) The certification signed by the owner or
operator of the facility or his authorized representative; and,
(7) A brief explanation of why the waste was
unmanifested, if known.
(b) [Reserved]
[Comment: Where a facility receives unmanifested hazardous wastes, the Division suggests that the owner or operator obtain from each generator a certification that the waste qualifies for exclusion. Otherwise, the Division suggests that the owner or operator file an unmanifested waste report for the hazardous waste movement.]
§ 264.77
Additional reports
In addition to submitting the annual reports and un-manifested waste reports described in §§ 264.75 and 264.76, the owner or operator must also report to the Director:
(a) Releases, fires, and explosions as
specified in § 264.56(j);
(b)
Facility closures specified in § 264.115; and
(c) As otherwise required by Subsections F, K
through N, AA, BB, and CC of this Section.
Subsection F
-- Releases from Solid
Waste Management Units
§ 264.90
Applicability
(a)
(1) Except as provided in paragraph (b) of
this section, the Rules in this Subsection apply to owners or operators of
facilities that treat, store or dispose of hazardous waste. The owner or
operator must satisfy the requirements identified in paragraph (a)(2) of this
section for all wastes (or constituents thereof) contained in solid waste
management units at the facility, regardless of the time at which waste was
placed in such units.
(2) All solid
waste management units must comply with the requirements in § 264.101. A
surface impoundment, waste pile, and land treatment unit or landfill that
receives hazardous waste after July 26, 1982 (hereinafter referred to as a
"regulated unit") must comply with the requirements of §§ 264.91
through 264.100 in lieu of § 264.101 for purposes of detecting,
characterizing and responding to releases to the uppermost aquifer. The
financial responsibility requirements of § 264.101 apply to regulated
units.
(b) The owner or
operator's regulated unit or units are not subject to regulation for releases
into the uppermost aquifer under this Subsection if:
(1) The owner or operator is exempted under
§ 264.1; or
(2) He operates a
unit which the Director finds:
(i) Is an
engineered structure,
(ii) Does not
receive or contain liquid waste or waste containing free liquids,
(iii) Is designed and operated to exclude
liquid, precipitation, and other run-on and run-off,
(iv) Has both inner and outer layers of
containment enclosing the waste,
(v) Has a leak detection system built into
each containment layer,
(vi) The
owner or operator will provide continuing operation and maintenance of these
leak detection systems during the active life of the unit and the closure and
post-closure care periods, and
(vii) To a reasonable degree of certainty,
will not allow hazardous constituents to migrate beyond the outer containment
layer prior to the end of the post-closure care period.
(3) The Director finds, pursuant to §
264.280(d), that the treatment zone of a land treatment unit that qualifies as
a regulated unit does not contain levels of hazardous constituents that are
above background levels of those constituents by an amount that is
statistically significant, and if an unsaturated zone monitoring program
meeting the requirements of § 264.278 has not shown a statistically
significant increase in hazardous constituents below the treatment zone during
the operating life of the unit. An exemption under this paragraph can only
relieve an owner or operator of responsibility to meet the requirements of this
Subsection during the post-closure care period; or
(4) The Director finds that there is no
potential for migration of liquid from a regulated unit to the uppermost
aquifer during the active life of the regulated unit (including the closure
period) and the port-closure care period specified under § 264.117. This
demonstration must be certified by a qualified geologist or geotechnical
engineer. In order to provide an adequate margin of safety in the prediction of
potential migration of liquid, the owner or operator must base any predictions
made under this paragraph on assumptions that maximize the rate of liquid
migration.
(5) He designs and
operates a pile in compliance with § 264.250(c).
(c) The rules under this Subsection apply
during the active life of the regulated unit (including the closure period).
After closure of the regulated unit, the rules in this Subsection:
(1) Do not apply if all waste, waste
residues, contaminated containment system components, and contaminated subsoils
are removed or decontaminated at closure;
(2) Apply during the post-closure care period
under § 264.117 if the owner or operator is conducting a detection
monitoring program under § 264.98; or
(3) Apply during the compliance period under
§ 264.96 if the owner or operator is conducting a compliance monitoring
program under § 264.99 or a corrective action program under §
264.100.
(d) Rules in
this Subsection may apply to miscellaneous units when necessary to comply with
§§ 264.601 through 264.603.
(e) The rules of this subpart apply to all
owners and operators subject to the requirements of § 270.1(c)(7), when
the Division issues either a post-closure permit or an enforceable document (as
defined in § 270.1(c)(7)) at the facility. When the Division issues an
enforceable document, references in this subpart to "in the permit'' mean "in
the enforceable document."
(f) The
Director may replace all or part of the requirements of §§ 264.91
through 264.100 applying to a regulated unit with alternative requirements for
groundwater monitoring and corrective action for releases to groundwater set
out in the permit (or in an enforceable document) (as defined in §
270.1(c)(7)) where the Director determines that:
(1) The regulated unit is situated among
solid waste management units (or areas of concern), a release has occurred, and
both the regulated unit and one or more solid waste management unit(s) (or
areas of concern) are likely to have contributed to the release; and
(2) It is not necessary to apply the
groundwater monitoring and corrective action requirements of §§
264.91 through 264.100 because alternative requirements will protect human
health and the environment.
§ 264.91
Required programs
(a) Owners and operators subject to this
Subsection must conduct a monitoring and response program as follows:
(1) Whenever hazardous constituents under
§ 264.93 from a regulated unit are detected at a compliance point under
§ 264.95, the owner or operator must institute a compliance monitoring
program under § 264.99. Detected is defined as statistically significant
evidence of contamination as described in § 264.98(f);
(2) Whenever the ground-water protection
standard under § 264.92 is exceeded, the owner or operator must institute
a corrective action program under § 264.100. Exceeded is defined as
statistically significant evidence of increased contamination as described in
§ 264.99(d);
(3) Whenever
hazardous constituents under § 264.93 from a regulated unit exceed
concentration limits under § 264.94 in ground water between the compliance
point under § 264.95 and the down gradient facility property boundary, the
owner or operator must institute a corrective action program under §
264.100; or
(4) In all other cases,
the owner or operator must institute a detection monitoring program under
§ 264.98.
(b) The
Director will specify in the facility permit the specific elements of the
monitoring and response program. The Director may include one or more of the
programs identified in paragraph (a) of this section in the facility permit as
may be necessary to protect human health and the environment and will specify
the circum-stances under which each of the programs will be required. In
deciding whether to require the owner or operator to be prepared to institute a
particular program, the Director will consider the potential adverse effects on
human health and the environment that might occur before final administrative
action on a permit modification application to incorporate such a program could
be taken.
§ 264.92
Ground-water protection standard
The owner or operator must comply with conditions specified in the facility permit that are designed to ensure that hazardous constituents under § 264.93 detected in the ground water from a regulated unit do not exceed the concentration limits under § 264.94 in the uppermost aquifer underlying the waste management area beyond the point of compliance under § 264.95 during the compliance period under § 264.96. The Director will establish this ground-water protection standard in the facility permit when hazardous constituents have been detected in the ground water.
§ 264.93
Hazardous constituents
(a) The Director
will specify in the facility permit the hazardous constituents to which the
ground-water protection standard of § 264.92 applies. Hazardous
constituents are constituents identified in Appendix VIII of Section 261 of
this rule that have been detected in ground water in the uppermost aquifer
underlying a regulated unit and that are reasonably expected to be in or
derived from waste contained in a regulated unit, unless the Director has
excluded them under paragraph (b) of this section.
(b) The Director will exclude an Appendix
VIII constituent from the list of hazardous constituents specified in the
facility permit if he finds that the constituent is not capable of posing a
substantial present or potential hazard to human health or the environment. In
deciding whether to grant an exemption, the Director will consider the
following:
(1) Potential adverse effects on
ground-water quality, considering:
(i) The
physical and chemical characteristics of the waste in the regulated unit,
including its potential for migration;
(ii) The hydrogeological characteristics of
the facility and surrounding land;
(iii) The quantity of ground water and the
direction of ground-water flow;
(iv) The proximity and withdrawal rates of
ground-water users;
(v) The current
and future uses of ground water in the area;
(vi) The existing quality of ground water,
including other sources of contamination and their cumulative impact on the
ground-water quality;
(vii) The
potential for health risks caused by human exposure to waste
constituents;
(viii) The potential
damage to wildlife, crops, vegetation, and physical structures caused by
exposure to waste constituents;
(ix) The persistence and permanence of the
potential adverse effects; and
(2) Potential adverse effects on
hydraulically-connected surface water quality, considering:
(i) The volume and physical and chemical
characteristics of the waste in the regulated unit;
(ii) The hydrogeological characteristics of
the facility and surrounding land;
(iii) The quantity and quality of ground
water, and the direction of ground-water flow;
(iv) The patterns of rainfall in the
region;
(v) The proximity of the
regulated unit to surface waters;
(vi) The current and future uses of surface
waters in the area and any water quality standards established for those
surface waters;
(vii) The existing
quality of surface water, including other sources of contamination and the
cumulative impact on surface-water quality;
(viii) The potential for health risks caused
by human exposure to waste constituents;
(ix) The potential damage to wildlife, crops,
vegetation, and physical structures caused by exposure to waste constituents;
and
(x) The persistence and
permanence of the potential adverse effects.
(c) In making any determination under
paragraph (b) of this section about the use of ground water in the area around
the facility, the Director will consider any identification of underground
sources of drinking water and exempted aquifers made under
40 CFR
144.8.
§ 264.94
Concentration
limits
(a) The Director will specify
in the facility permit concentration limits in the ground water for hazardous
constituents established under § 264.93. The concentration of a hazardous
constituent:
(1) Must not exceed the
background level of that constituent in the ground water at the time that limit
is specified in the permit; or
(2)
For any of the constituents listed in Table 1, must not exceed the respective
value given in that table if the background level of the constituent is below
the value given in Table 1; or
Table 1
Maximum Concentration of Constituents for Ground-water Protection
|
Constituent |
Maximum concentration1 |
|
Arsenic |
0.05 |
|
Barium |
1.0 |
|
Cadmium |
0.01 |
|
Chromium |
0.05 |
|
Lead |
0.05 |
|
Mercury |
0.002 |
|
Selenium |
0.01 |
|
Silver |
0.05 |
|
Endrin |
0.0002 |
|
Lindane |
0.004 |
|
Methoxychlor |
0.1 |
|
Toxaphene |
0.005 |
|
2,4-D |
0.1 |
|
2,4,5-TP Silvex |
0.01 |
FOOTNOTE: 1Milligrams per liter.
(3) Must not exceed an alternate limit
established by the Director under paragraph (b) of this
section.
(b) The Director
will establish an alternate concentration limit for a hazardous constituent if
he finds that the constituent will not pose a substantial present or potential
hazard to human health or the environment as long as the alternate
concentration limit is not exceeded. In establishing alternate
concentration limits, the Director will consider the following factors:
(1) Potential adverse effects on ground-water
quality, considering:
(i) The physical and
chemical characteristics of the waste in the regulated unit, including its
potential for migration;
(ii) The
hydrogeological characteristics of the facility and surrounding land;
(iii) The quantity of ground water and the
direction of ground-water flow;
(iv) The proximity and withdrawal rates of
ground-water users;
(v) The current
and future uses of ground water in the area;
(vi) The existing quality of ground water,
including other sources of contamination and their cumulative impact on the
ground-water quality;
(vii) The
potential for health risks caused by human exposure to waste
constituents;
(viii) The potential
damage to wildlife, crops, vegetation, and physical structures caused by
exposure to waste constituents;
(ix) The persistence and permanence of the
potential adverse effects; and
(2) Potential adverse effects on
hydraulically-connected surface-water quality, considering:
(i) The volume and physical and chemical
characteristics of the waste in the regulated unit;
(ii) The hydrogeological characteristics of
the facility and surrounding land;
(iii) The quantity and quality of ground
water, and the direction of ground-water flow;
(iv) The patterns of rainfall in the
region;
(v) The proximity of the
regulated unit to surface waters;
(vi) The current and future uses of surface
waters in the area and any water quality standards established for those
surface waters;
(vii) The existing
quality of surface water, including other sources of contamination and the
cumulative impact on surface water quality;
(viii) The potential for health risks caused
by human exposure to waste constituents;
(ix) The potential damage to wildlife, crops,
vegetation, and physical structures caused by exposure to waste constituents;
and
(x) The persistence and
permanence of the potential adverse effects.
(c) In making any determination under
paragraph (b) of this section about the use of ground water in the area around
the facility the Director will consider any identification of underground
sources of drinking water and exempted aquifers made under
40 CFR
144.8.
§ 264.95
Point of
compliance
(a) The Director will
specify in the facility permit the point of compliance at which the
ground-water protection standard of § 264.92 applies and at which
monitoring must be conducted. The point of compliance is a vertical surface
located at the hydraulically down gradient limit of the waste management area
that extends down into the uppermost aquifer underlying the regulated
units.
(b) The waste management
area is the limit projected in the horizontal plane of the area on which waste
will be placed during the active life of a regulated unit.
(1) The waste management area includes
horizontal space taken up by any liner, dike, or other barrier designed to
contain waste in a regulated unit.
(2) If the facility contains more than one
regulated unit, the waste management area is described by an imaginary line
circumscribing the several regulated units.
§ 264.96
Compliance period
(a) The Director will specify in the facility
permit the compliance period during which the ground-water protection standard
of § 264.92 applies. The compliance period is the number of years equal to
the active life of the waste management area (including any waste management
activity prior to permitting, and the closure period.)
(b) The compliance period begins when the
owner or operator initiates a compliance monitoring program meeting the
requirements of § 264.99.
(c)
If the owner or operator is engaged in a corrective action program at the end
of the compliance period specified in paragraph (a) of this section, the
compliance period is extended until the owner or operator can demonstrate that
the ground-water protection standard of § 264.92 has not been exceeded for
a period of three consecutive years.
§ 264.97
General groundwater
monitoring requirements
The owner or operator must comply with the following requirements for any ground-water monitoring program developed to satisfy § 264.98, § 264.99, or § 264.100:
(a) The ground-water monitoring system must
consist of a sufficient number of wells, installed at appropriate locations and
depths to yield ground-water samples from the uppermost aquifer that:
(1) Represent the quality of background water
that has not been affected by leakage from a regulated unit;
(i) A determination of background quality may
include sampling of wells that are not hydraulically upgradient of the waste
management area where:
(A) Hydrogeologic
conditions do not allow the owner or operator to determine what wells are
hydraulically upgradient; and
(B)
Sampling at other wells will provide an indication of background ground-water
quality that is representative or more representative than that provided by the
upgradient wells; and
(2) Represent the quality of ground water
passing the point of compliance.
(3) Allow for the detection of contamination
when hazardous waste or hazardous constituents have migrated from the waste
management area to the uppermost aquifer.
(b) If a facility contains more than one
regulated unit, separate ground-water monitoring systems are not required for
each regulated unit provided that provisions for sampling the ground water in
the uppermost aquifer will enable detection and measurement at the compliance
point of hazardous constituents from the regulated units that have entered the
ground water in the uppermost aquifer.
(c) All monitoring wells must be cased in a
manner that maintains the integrity of the monitoring-well bore hole. This
casing must be screened or perforated and packed with gravel or sand, where
necessary, to enable collection of ground-water samples. The annular space
(i.e., the space between the bore hole and well casing) above the sampling
depth must be sealed to prevent contamination of samples and the ground
water.
(d) The ground-water
monitoring program must include consistent sampling and analysis procedures
that are designed to ensure monitoring results that provide a reliable
indication of ground-water quality below the waste management area. At a
minimum the program must include procedures and techniques for:
(1) Sample collection;
(2) Sample preservation and
shipment;
(3) Analytical
procedures; and
(4) Chain of
custody control.
(e) The
ground-water monitoring program must include sampling and analytical methods
that are appropriate for ground-water sampling and that accurately measure
hazardous constituents in ground-water samples.
(f) The ground-water monitoring program must
include a determination of the ground-water surface elevation each time ground
water is sampled.
(g) In detection
monitoring or where appropriate in compliance monitoring, data on each
hazardous constituent specified in the permit will be collected from background
wells and wells at the compliance point(s). The number and kinds of samples
collected to establish background shall be appropriate for the form of
statistical test employed, following generally accepted statistical principles.
The sample size shall be as large as necessary to ensure with reasonable
confidence that a contaminant release to ground water from a facility will be
detected. The owner or operator will determine an appropriate sampling
procedure and interval for each hazardous constituent listed in the facility
permit which shall be specified in the unit permit upon approval by the
Director. This sampling procedure shall be:
(1) A sequence of at least four samples,
taken at an interval that assures, to the greatest extent technically feasible,
that an independent sample is obtained, by reference to the uppermost aquifer's
effective porosity, hydraulic conductivity, and hydraulic gradient, and the
fate and transport characteristics of the potential contaminants, or
(2) an alternate sampling procedure proposed
by the owner or operator and approved by the Director.
(h) The owner or operator will specify one of
the following statistical methods to be used in evaluating ground-water
monitoring data for each hazardous constituent which, upon approval by the
Director, will be specified in the unit permit. The statistical test chosen
shall be conducted separately for each hazardous constituent in each well.
Where practical quantification limits (pql's) are used in any of the following
statistical procedures to comply with § 264.97(i)(5), the pql must be
proposed by the owner or operator and approved by the Director. Use of any of
the following statistical methods must be protective of human health and the
environment and must comply with the performance standards outlined in
paragraph (i) of this section.
(1) A
parametric analysis of variance (ANOVA) followed by multiple comparisons
procedures to identify statistically significant evidence of contamination. The
method must include estimation and testing of the contrasts between each
compliance well's mean and the background mean levels for each
constituent.
(2) An analysis of
variance (ANOVA) based on ranks followed by multiple comparisons procedures to
identify statistically significant evidence of contamination. The method must
include estimation and testing of the contrasts between each compliance well's
median and the background median levels for each constituent.
(3) A tolerance or prediction interval
procedure in which an interval for each constituent is established from the
distribution of the background data, and the level of each constituent in each
compliance well is compared to the upper tolerance or prediction
limit.
(4) A control chart approach
that gives control limits for each constituent.
(5) Another statistical test method submitted
by the owner or operator and approved by the Director.
(i) Any statistical method chosen under
§ 264.97(h) for specification in the unit permit shall comply with the
following performance standards, as appropriate:
(1) The statistical method used to evaluate
ground-water monitoring data shall be appropriate for the distribution of
chemical parameters or hazardous constituents. If the distribution of the
chemical parameters or hazardous constituents is shown by the owner or operator
to be inappropriate for a normal theory test, then the data should be
transformed or a distribution-free theory test should be used. If the
distributions for the constituents differ, more than one statistical method may
be needed.
(2) If an individual
well comparison procedure is used to compare an individual compliance well
constituent concentration with background constituent concentrations or a
ground-water protection standard, the test shall be done at a Type I error
level no less than 0.01 for each testing period. If a multiple comparisons
procedure is used, the Type I experiment wise error rate for each testing
period shall be no less than 0.05; however, the Type I error of no less than
0.01 for individual well comparisons must be maintained. This performance
standard does not apply to tolerance intervals, prediction intervals or control
charts.
(3) If a control chart
approach is used to evaluate ground-water monitoring data, the specific type of
control chart and its associated parameter values shall be proposed by the
owner or operator and approved by the Director if he or she finds it to be
protective of human health and the environment.
(4) If a tolerance interval or a prediction
interval is used to evaluate groundwater monitoring data, the levels of
confidence and, for tolerance intervals, the percentage of the population that
the interval must contain, shall be proposed by the owner or operator and
approved by the Director if he or she finds these parameters to be protective
of human health and the environment. These parameters will be determined after
considering the number of samples in the background data base, the data
distribution, and the range of the concentration values for each constituent of
concern.
(5) The statistical method
shall account for data below the limit of detection with one or more
statistical procedures that are protective of human health and the environment.
Any practical quantification limit (pql) approved by the Director under §
264.97(h) that is used in the statistical method shall be the lowest
concentration level that can be reliably achieved within specified limits of
precision and accuracy during routine laboratory operating conditions that are
available to the facility.
(6) If
necessary, the statistical method shall include procedures to control or
correct for seasonal and spatial variability as well as temporal correlation in
the data.
(j)
Ground-water monitoring data collected in accordance with paragraph (g) of this
section including actual levels of constituents must be maintained in the
facility operating record. The Director will specify in the permit when the
data must be submitted for review.
§ 264.98
Detection monitoring
program
An owner or operator required to establish a detection monitoring program under this Subsection must, at a minimum, discharge the following responsibilities:
(a) The
owner or operator must monitor for indicator parameters (e.g., specific
conductance, total organic carbon, or total organic halogen), waste
constituents, or reaction products that provide a reliable indication of the
presence of hazardous constituents in ground water. The Director will specify
the parameters or constituents to be monitored in the facility permit, after
considering the following factors:
(1) The
types, quantities, and concentrations of constituents in wastes managed at the
regulated unit;
(2) The mobility,
stability, and persistence of waste constituents or their reaction products in
the unsaturated zone beneath the waste management area;
(3) The detectability of indicator
parameters, waste constituents, and reaction products in ground water;
and
(4) The concentrations or
values and coefficients of variation of proposed monitoring parameters or
constituents in the ground-water background.
(b) The owner or operator must install a
ground-water monitoring system at the compliance point as specified under
§ 264.95. The ground-water monitoring system must comply with §
264.97(a)(2), (b), and (c).
(c) The
owner or operator must conduct a ground-water monitoring program for each
chemical parameter and hazardous constituent specified in the permit pursuant
to paragraph (a) of this section in accordance with § 264.97(g). The owner
or operator must maintain a record of ground-water analytical data as measured
and in a form necessary for the determination of statistical significance under
§ 264.97(h).
(d) The Director
will specify the frequencies for collecting samples and conducting statistical
tests to determine whether there is statistically significant evidence of
contamination for any parameter or hazardous constituent specified in the
permit under paragraph (a) of this section in accordance with §
264.97(g).
(e) The owner or
operator must determine the ground-water flow rate and direction in the
uppermost aquifer at least annually.
(f) The owner or operator must determine
whether there is statistically significant evidence of contamination for any
chemical parameter of hazardous constituent specified in the permit pursuant to
paragraph (a) of this section at a frequency specified under paragraph (d) of
this section.
(1) In determining whether
statistically significant evidence of contamination exists, the owner or
operator must use the method(s) specified in the permit under § 264.97(h).
These method(s) must compare data collected at the compliance point(s) to the
background ground-water quality data.
(2) The owner or operator must determine
whether there is statistically significant evidence of contamination at each
monitoring well as the compliance point within a reasonable period of time
after completion of sampling. The Director will specify in the facility permit
what period of time is reasonable, after considering the complexity of the
statistical test and the availability of laboratory facilities to perform the
analysis of ground-water samples.
(g) If the owner or operator determines
pursuant to paragraph (f) of this section that there is statistically
significant evidence of contamination for chemical parameters or hazardous
constituents specified pursuant to paragraph (a) of this section at any
monitoring well at the compliance point, he or she must:
(1) Notify the Director of this finding in
writing within seven days. The notification must indicate what chemical
parameters or hazardous constituents have shown statistically significant
evidence of contamination;
(2)
Immediately sample the ground water in all monitoring wells and determine
whether constituents in the list of Appendix IX of this Section are present,
and if so, in what concentration. However, the Director, on a discretionary
basis, may allow sampling for a site-specific subset of constituents from the
Appendix IX list of this part and other representative/related waste
constituents.
(3) For any Appendix
IX compounds found in the analysis pursuant to paragraph (g)(2) of this
section, the owner or operator may resample within one month or at an
alternative site-specific schedule approved by the Director and repeat the
analysis for those compounds detected. If the results of the second analysis
confirm the initial results, then these constituents will form the basis for
compliance monitoring. If the owner or operator does not resample for the
compounds in paragraph (g)(2) of this section, the hazardous constituents found
during this initial Appendix IX analysis will form the basis for compliance
monitoring.
(4) Within 90 days,
submit to the Director an application for a permit modification to establish a
compliance monitoring program meeting the requirements of § 264.99. The
application must include the following information:
(i) An identification of the concentration or
any Appendix IX constituent detected in the ground water at each monitoring
well at the compliance point;
(ii)
Any proposed changes to the ground-water monitoring system at the facility
necessary to meet the requirements of § 264.99;
(iii) Any proposed additions or changes to
the monitoring frequency, sampling and analysis procedures or methods, or
statistical methods used at the facility necessary to meet the requirements of
§ 264.99;
(iv) For each
hazardous constituent detected at the compliance point, a proposed
concentration limit under § 264.94(a) (1) or (2), or a notice of intent to
seek an alternate concentration limit under § 264.94(b); and
(5) Within 180 days, submit to the
Director:
(i) All data necessary to justify
an alternate concentration limit sought under § 264.94(b); and
(ii) An engineering feasibility plan for a
corrective action program necessary to meet the requirement of § 264.100,
unless:
(A) All hazardous constituents
identified under paragraph (g)(2) of this section are listed in Table 1 of
§ 264.94 and their concentrations do not exceed the respective values
given in that Table; or
(B) The
owner or operator has sought an alternate concentration limit under §
264.94(b) for every hazardous constituent identified under paragraph (g)(2) of
this section.
(6) If the owner or operator determines,
pursuant to paragraph (f) of this section, that there is a statistically
significant difference for chemical parameters or hazardous constituents
specified pursuant to paragraph (a) of this section at any monitoring well at
the compliance point, he or she may demonstrate that a source other than a
regulated unit caused the contamination or that the detection is an artifact
caused by an error in sampling, analysis, or statistical evaluation or natural
variation in the ground water. The owner operator may make a demonstration
under this paragraph in addition to, or in lieu of, submitting a permit
modification application under paragraph (g)(4) of this section; however, the
owner or operator is not relieved of the requirement to submit a permit
modification application within the time specified in paragraph (g)(4) of this
section unless the demonstration made under this paragraph successfully shows
that a source other than a regulated unit caused the increase, or that the
increase resulted from error in sampling, analysis, or evaluation. In making a
demonstration under this paragraph, the owner or operator must:
(i) Notify the Director in writing within
seven days of determining statistically significant evidence of contamination
at the compliance point that he intends to make a demonstration under this
paragraph;
(ii) Within 90 days,
submit a report to the Director which demonstrates that a source other than a
regulated unit caused the contamination or that the contamination resulted from
error in sampling, analysis, or evaluation;
(iii) Within 90 days, submit to the Director
an application for a permit modification to make any appropriate changes to the
detection monitoring program facility; and
(iv) Continue to monitor in accordance with
the detection monitoring program established under this section.
(h) If the owner or
operator determines that the detection monitoring program no longer satisfies
the requirements of this section, he or she must, within 90 days, submit an
application for a permit modification to make any appropriate changes to the
program.
§ 264.99
Compliance monitoring program
An owner or operator required to establish a compliance monitoring program under this Subsection must, at a minimum, discharge the following responsibilities:
(a) The
owner or operator must monitor the ground water to determine whether regulated
units are in compliance with the ground-water protection standard under §
264.92. The Director will specify the ground-water protection standard in the
facility permit, including:
(1) A list of the
hazardous constituents identified under § 264.93;
(2) Concentration limits under § 264.94
for each of those hazardous constituents;
(3) The compliance point under § 264.95;
and
(4) The compliance period under
§ 264.96.
(b) The
owner or operator must install a ground-water monitoring system at the
compliance point as specified under § 264.95. The ground-water monitoring
system must comply with § 264.97(a)(2), (b), and (c).
(c) The Director will specify the sampling
procedures and statistical methods appropriate for the constituents and the
facility, consistent with § 264.97 (g) and (h).
(1) The owner or operator must conduct a
sampling program for each chemical parameter or hazardous constituent in
accordance with § 264.97(g).
(2) The owner or operator must record
ground-water analytical data as measured and in form necessary for the
determination of statistical significance under § 264.97(h) for the
compliance period of the facility.
(d) The owner or operator must determine
whether there is statistically significant evidence of increased contamination
for any chemical parameter or hazardous constituent specified in the permit,
pursuant to paragraph (a) of this section, at a frequency specified under
paragraph (f) under this section.
(1) In
determining whether statistically significant evidence of increased
contamination exists, the owner or operator must use the method(s) specified in
the permit under § 264.97(h). The methods(s) must compare data collected
at the compliance point(s) to a concentration limit developed in accordance
with § 264.94.
(2) The owner
or operator must determine whether there is statistically significant evidence
of increased contamination at each monitoring well at the compliance point
within a reasonable time period after completion of sampling. The Director will
specify that time period in the facility permit, after considering the
complexity of the statistical test and the availability of laboratory
facilities to perform the analysis of ground-water samples.
(e) The owner or operator must
determine the ground-water flow rate and direction in the uppermost aquifer at
least annually.
(f) The Director
will specify the frequencies for collecting samples and conducting statistical
tests to determine statistically significant evidence of increased
contamination in accordance with § 264.97(g).
(g) Annually determine whether additional
hazardous constituents from Appendix IX are present in the uppermost aquifer;
consult with the Director to determine enhanced sampling event; report
concentration of additional constituents within seven days and add them to the
monitoring list.
(h) If the owner
or operator determines pursuant to paragraph (d) of this section that any
concentration limits under § 264.94 are being exceeded at any monitoring
well at the point of compliance he or she must:
(1) Notify the Director of this finding in
writing within seven days. The notification must indicate what concentration
limits have been exceeded.
(2)
Submit to the Director an application for a permit modification to establish a
corrective action program meeting the requirements of § 264.100 within 180
days, or within 90 days if an engineering feasibility study has been previously
submitted to the Director under § 264.98(g)(5). The application must at a
minimum include the following information:
(i)
A detailed description of corrective actions that will achieve compliance with
the ground-water protection standard specified in the permit under paragraph
(a) of this section; and
(ii) A
plan for a ground-water monitoring program that will demonstrate the
effectiveness of the corrective action. Such a ground-water monitoring program
may be based on a compliance monitoring program developed to meet the
requirements of this section.
(i) If the owner or operator determines,
pursuant to paragraph (d) of this section, that the ground-water concentration
limits under this section are being exceeded at any monitoring well at the
point of compliance, he or she may demonstrate that a source other than a
regulated unit caused the contamination or that the detection is an artifact
caused by an error in sampling, analysis, or statistical evaluation or natural
variation in the ground water. In making a demonstration under this paragraph,
the owner or operator must:
(1) Notify the
Director in writing within seven days that he intends to make a demonstration
under this paragraph;
(2) Within 90
days, submit a report to the Director which demonstrates that a source other
than a regulated unit caused the standard to be exceeded or that the apparent
noncompliance with the standards resulted from error in sampling, analysis, or
evaluation;
(3) Within 90 days,
submit to the Director an application for a permit modification to make any
appropriate changes to the compliance monitoring program at the facility;
and
(4) Continue to monitor in
accord with the compliance monitoring program established under this
section.
(j) If the owner
or operator determines that the compliance monitoring program no longer
satisfies the requirements of this section, he must, within 90 days, submit an
application for a permit modification to make any appropriate changes to the
program.
§ 264.100
Corrective action program
An owner or operator required to establish a corrective action program under this Subsection must, at a minimum, discharge the following responsibilities:
(a) The owner or
operator must take corrective action to ensure that regulated units are in
compliance with the ground-water protection standard under § 264.92. The
Director will specify the ground-water protection standard in the facility
permit, including:
(1) A list of the hazardous
constituents identified under § 264.93;
(2) Concentration limits under § 264.94
for each of those hazardous constituents;
(3) The compliance point under § 264.95;
and
(4) The compliance period under
§ 264.96.
(b) The
owner or operator must implement a corrective action program that prevents
hazardous constituents from exceeding their respective concentration limits at
the compliance point by removing the hazardous waste constituents or treating
them in place. The permit will specify the specific measures that will be
taken.
(c) The owner or operator
must begin corrective action within a reasonable time period after the
ground-water protection standard is exceeded. The Director will specify that
time period in the facility permit. If a facility permit includes a corrective
action program in addition to a compliance monitoring program, the permit will
specify when the corrective action will begin and such a requirement will
operate in lieu of § 264.99(i)(2).
(d) In conjunction with a corrective action
program, the owner or operator must establish and implement a ground-water
monitoring program to demonstrate the effectiveness of the corrective action
program. Such a monitoring program may be based on the requirements for a
compliance monitoring program under § 264.99 and must be as effective as
that program in determining compliance with the ground-water protection
standard under § 264.92 and in determining the success of a corrective
action program under paragraph (e) of this section, where
appropriate.
(e) In addition to the
other requirements of this section, the owner or operator must conduct a
corrective action program to remove or treat in place any hazardous
constituents under § 264.93 that exceed concentration limits under §
264.94 in groundwater:
(1) Between the
compliance point under § 264.95 and the downgradient property boundary;
and
(2) Beyond the facility
boundary, where necessary to protect human health and the environment, unless
the owner or operator demonstrates to the satisfaction of the Director that,
despite the owner's or operator's best efforts, the owner or operator was
unable to obtain the necessary permission to undertake such action. The
owner/operator is not relieved of all responsibility to clean up a release that
has migrated beyond the facility boundary where off-site access is denied.
On-site measures to address such releases will be determined on a case-by-case
basis.
(3) Corrective action
measures under this paragraph must be initiated and completed within a
reasonable period of time considering the extent of contamination.
(4) Corrective action measures under this
paragraph may be terminated once the concentration of hazardous constituents
under § 264.93 is reduced to levels below their respective concentration
limits under § 264.94.
(f) The owner or operator must continue
corrective action measures during the compliance period to the extent necessary
to ensure that the ground-water protection standard is not exceeded. If the
owner or operator is conducting corrective action at the end of the compliance
period, he must continue that corrective action for as long as necessary to
achieve compliance with the groundwater protection standard. The owner or
operator may terminate corrective action measures taken beyond the period equal
to the active life of the waste management area (including the closure period)
if he can demonstrate, based on data from the ground-water monitoring program
under paragraph (d) of this section, that the groundwater protection standard
of § 264.92 has not been exceeded for a period of three consecutive
years.
(g) The owner or operator
must report in writing to the Director on the effectiveness of the corrective
action program. The owner or operator must submit these reports
annually.
(h) If the owner or
operator determines that the corrective action program no longer satisfies the
requirements of this section, he must, within 90 days, submit an application
for a permit modification to make any appropriate changes to the
program.
§ 264.101
Corrective action for solid waste management units
(a) The owner or operator of a facility
seeking a permit for the treatment, storage or disposal of hazardous waste must
institute corrective action as necessary to protect human health and the
environment for all releases of hazardous waste or constituents from any solid
waste management unit at the facility, regardless of the time at which waste
was placed in such unit.
(b)
Corrective action will be specified in the permit in accordance with this
Subsection and Subsection S of this Section. The permit will contain schedules
of compliance for such corrective action (where such corrective action cannot
be completed prior to issuance of the permit) and assurances of financial
responsibility for completing such corrective action.
(c) The owner or operator must implement
corrective actions beyond the facility property boundary, where necessary to
protect human health and the environment, unless the owner or operator
demonstrates to the satisfaction of the Director that, despite the owner's or
operator's best efforts, the owner or operator was unable to obtain the
necessary permission to undertake such actions. The owner/operator is not
relieved of all responsibility to clean up a release that has migrated beyond
the facility boundary where off-site access is denied. On-site measures to
address such releases will be determined on a case-by-case basis. Assurances of
financial responsibility for such corrective action must be provided.
(d) This does not apply to remediation waste
management sites unless they are part of a facility subject to a permit for
treating, storing or disposing of hazardous wastes that are not remediation
wastes.
Subsection
G
-- Closure and Post-Closure
§ 264.110
Applicability
Except as § 264.1 provides otherwise:
(a) Sections 264.111 through 264.115 (which
concern closure) apply to the owners and operators of all hazardous waste
management facilities; and
(b)
Sections 264.116 through 264.120 (which concern post-closure care) apply to the
owners and operators of:
(1) All hazardous
waste disposal facilities; and
(2)
Waste piles and surface impoundments from which the owner or operator intends
to remove the wastes at closure to the extent that these sections are made
applicable to such facilities in § 264.228 or § 264.258.
(3) Tank systems that are required under
§ 264.197 to meet the requirements for landfills.
(4) Containment buildings that are required
under § 264.1102 to meet the requirement for landfills.
(c) The Director may replace all
or part of the requirements of this subsection (and the unit-specific standards
referenced in § 264.111(c) applying to a regulated unit), with alternative
requirements set out in a permit or in an enforceable document (as defined in
§ 270.1(c)(7)), where the Director determines that:
(1) The regulated unit is situated among
solid waste management units (or areas of concern), a release has occurred, and
both the regulated unit and one or more solid waste management unit(s) (or
areas of concern) are likely to have contributed to the release; and
(2) It is not necessary to apply the closure
requirements of this subsection (and those referenced herein) because the
alternative requirements will protect human health and the environment and will
satisfy the closure performance standard of § 264.111 (a) and (b).
§ 264.111
Closure performance standard
The owner or operator must close the facility in a manner that:
(a) Minimizes the need for
further maintenance; and
(b)
Controls, minimizes or eliminates, to the extent necessary to protect human
health and the environment, post-closure escape of hazardous waste, hazardous
constituents, leachate, contaminated run-off, or hazardous waste decomposition
products to the ground or surface waters or to the atmosphere; and
(c) Complies with the closure requirements of
this Subsection, including, but not limited to, the requirements of
§§ 264.178, 264.197, 264.228, 264.258, 264.280, 264.310, 264.351,
264.601 through 264.603, and 264.1102.
§ 264.112
Closure plan; amendment
of plan
(a) Written plan.
(1) The owner or operator of a hazardous
waste management facility must have a written closure plan. In addition,
certain surface impoundments and waste piles from which the owner or operator
intends to remove or decontaminate the hazardous waste at partial or final
closure are required by §§ 264.228(c)(1)(i) and 264.258(c)(1)(i) to
have contingent closure plans. The plan must be submitted with the permit
application, in accordance with § 270.14(b)(13) of this rule, and approved
by the Director as part of the permit issuance procedures under 40 CFR 124 and
Rule No. 8. In accordance with § 270.32 of this rule, the approved closure
plan will become a condition of any RCRA permit.
(2) The Director's approval of the plan must
ensure that the approved closure plan is consistent with §§ 264.111
through 264.115 and the applic-able requirements of §§ 264.90 et
seq., 264.178, 264.197, 264.228, 264.258, 264.280, 264.310, 264.351, 264.601,
and 264.1102. Until final closure is completed and certified in accordance with
§ 264.115, a copy of the approved plan and all approved revisions must be
furnished to the Director upon request, including request by mail.
(b) Content of plan. The plan must
identify steps necessary to perform partial and/or final closure of the
facility at any point during its active life. The closure plan must include, at
least:
(1) A description of how each
hazardous waste management unit at the facility will be closed in accordance
with § 264.111;
(2) A
description of how final closure of the facility will be conducted in
accordance with § 264.112. The description must identify the maximum
extent of the operations which will be unclosed during the active life of the
facility; and
(3) An estimate of
the maximum inventory of hazardous wastes ever on-site over the active life of
the facility and a detailed description of the methods to be used during
partial closures and final closure, including, but not limited to, methods for
removing, transporting, treating, storing, or disposing of all hazardous
wastes, and identification of the type(s) of the off-site hazardous waste
management units to be used, if applicable; and
(4) A detailed description of the steps
needed to remove or decontaminate all hazardous waste residues and contaminated
containment system components, equipment, structures, and soils during partial
and final closure, including, but not limited to, procedures for cleaning
equipment and removing contaminated soils, methods for sampling and testing
surrounding soils, and criteria for determining the extent of decontamination
required to satisfy the closure performance standard; and
(5) A detailed description of other
activities necessary during the closure period to ensure that all partial
closures and final closure satisfy the closure performance standards,
including, but not limited to, ground-water monitoring, leachate collection,
and run-on and run-off control; and
(6) A schedule for closure of each hazardous
waste management unit and for final closure of the facility. The schedule must
include, at a minimum, the total time required to close each hazardous waste
management unit and the time required for intervening closure activities which
will allow tracking of the progress of partial and final closure. (For example,
in the case of a landfill unit, estimates of the time required to treat or
dispose of all hazardous waste inventory and of the time required to place a
final cover must be included.)
(7)
For facilities that use trust funds to establish financial assurance under
§ 264.143 or § 264.145 and that are expected to close prior to the
expiration of the permit, an estimate of the expected year of final
closure.
(8) For facilities where
the Director has applied alternative requirements at a regulated unit under
§§ 264.90(f), 264.110(c), and/or § 264.140(d), either the
alternative requirements applying to the regulated unit, or a reference to the
enforceable document containing those alternative requirements.
(c) Amendment of plan. The owner
or operator must submit a written notification of or request for a permit
modification to authorize a change in operating plans, facility design, or the
approved closure plan in accordance with the applicable procedures in Section
270. The written notification or request must include a copy of the amended
closure plan for review or approval by the Director.
(1) The owner or operator may submit a
written notification or request to the Director for a permit modification to
amend the closure plan at any time prior to the notification of partial or
final closure of the facility.
(2)
The owner or operator must submit a written notification of or request for a
permit modification to authorize a change in the approved closure plan
whenever:
(i) Changes in operating plans or
facility design affect the closure plan, or
(ii) There is a change in the expected year
of closure, if applicable, or
(iii)
In conducting partial or final closure activities, unexpected events require a
modification of the approved closure plan, or
(iv) the owner or operator requests the
Director to apply alternative requirements to a regulated unit under
§§ 264.90(f), 264.110(c), and/or § 264.140(d).
(3) The owner or operator must
submit a written request for a permit modification including a copy of the
amended closure plan for approval at least 60 days prior to the proposed change
in facility design or operation, or no later than 60 days after an unexpected
event has occurred which has affected the closure plan. If an unexpected event
occurs during the partial or final closure period, the owner or operator must
request a permit modification no later than 30 days after the unexpected event.
An owner or operator of a surface impoundment or waste pile that intends to
remove all hazardous waste at closure and is not otherwise required to prepare
a contingent closure plan under § 264.228(c)(1)(i) or §
264.258(c)(1)(i), must submit an amended closure plan to the Director no later
than 60 days from the date that the owner or operator or Director determines
that the hazardous waste management unit must be closed as a landfill, subject
to the requirements of § 264.310, or no later than 30 days from that date
if the determination is made during partial or final closure. The Director will
approve, disapprove, or modify this amended plan in accordance with the
procedures in Section 270. In accordance with § 270.32 of this rule, the
approved closure plan will become a condition of any RCRA permit
issued.
(4) The Director may
request modifications to the plan under the conditions described in §
264.112(c)(2). The owner or operator must submit the modified plan within 60
days of the Director's request, or within 30 days if the change in facility
conditions occurs during partial or final closure. Any modifications requested
by the Director will be approved in accordance with the procedures in Section
270.
(d) Notification of
partial closure and final closure.
(1) The
owner or operator must notify the Director in writing at least 60 days prior to
the date on which he expects to begin closure of a surface impoundment, waste
pile, land treatment or landfill unit, or final closure of a facility with such
a unit. The owner or operator must notify the Director in writing at least 45
days prior to the date on which he expects to begin final closure of a facility
with only treatment or storage tanks, container storage, or incinerator units
to be closed. The owner or operator must notify the Director in writing at
least 45 days prior to the date on which he expects to begin partial or final
closure of a boiler or industrial furnace, whichever is earlier.
(2) The date when he "expects to begin
closure" must be either:
(i) No later than 30
days after the date on which any hazardous waste management unit receives the
known final volume of hazardous wastes, or if there is a reasonable possibility
that the hazardous waste management unit will receive additional hazardous
wastes, no later than one year after the date on which the unit received the
most recent volume of hazardous wastes. If the owner or operator of a hazardous
waste management unit can demonstrate to the Director that the hazardous waste
management unit or facility has the capacity to receive additional hazardous
wastes and he has taken all steps to prevent threats to human health and the
environment, including compliance with all applicable permit requirements, the
Director may approve an extension to this one-year limit; or
(ii) For units meeting the requirements of
§ 264.113(d), no later than 30 days after the date on which the hazardous
waste management unit receives the known final volume of non-hazardous wastes,
or if there is a reasonable possibility that the hazardous waste management
unit will receive additional non-hazardous wastes, no later than one year after
the date on which the unit received the most recent volume of non-hazardous
wastes. If the owner or operator can demonstrate to the Director that the
hazardous waste management unit has the capacity to receive additional
non-hazardous wastes and he has taken, and will continue to take, all steps to
prevent threats to human health and the environment, including compliance with
all applicable permit requirements, the Director may approve an extension to
this one-year limit.
(3)
If the facility's permit is terminated, or if the facility is otherwise
ordered, by judicial decree or final order under section 3008 of RCRA, to cease
receiving hazardous wastes or to close, then the requirements of this paragraph
do not apply. However, the owner or operator must close the facility in
accordance with the deadlines established in § 264.113.
(e) Removal of wastes and
decontamination or dismantling of equipment. Nothing in this section shall
preclude the owner or operator from removing hazardous wastes and
decontaminating or dismantling equipment in accordance with the approved
partial or final closure plan at any time before or after notification of
partial or final closure.
§
264.113
Closure; time allowed for closure
(a) Within 90 days after receiving the final
volume of hazardous wastes, or the final volume of non-hazardous wastes if the
owner or operator complies with all applicable requirements in paragraphs (d)
and (e) of this section, at a hazardous waste management unit or facility, the
owner or operator must treat, remove from the unit or facility, or dispose of
on-site, all hazardous wastes in accordance with the approved closure plan. The
Director may approve a longer period if the owner or operator complies with all
applicable requirements for requesting a modification to the permit and
demonstrates that:
(1)
(i) The activities required to comply with
this paragraph will, of necessity, take longer than 90 days to complete;
or
(ii)
(A) The hazardous waste management unit or
facility has the capacity to receive additional hazardous wastes, or has the
capacity to receive non-hazardous wastes if the owner or operator complies with
paragraphs (d) and (e) of this section; and
(B) There is a reasonable likelihood that he
or another person will recommence operation of the hazardous waste management
unit or the facility within one year; and
(C) Closure of the hazardous waste management
unit or facility would be incompatible with continued operation of the site;
and
(2) He has
taken and will continue to take all steps to prevent threats to human health
and the environment, including compliance with all applicable permit
requirements.
(b) The
owner or operator must complete partial and final closure activities in
accordance with the approved closure plan and within 180 days after receiving
the final volume of hazardous wastes, or the final volume of non-hazardous
wastes if the owner or operator complies with all applicable requirements in
paragraphs (d) and (e) of this section, at the hazardous waste management unit
or facility. The Director may approve an extension to the closure period if the
owner or operator complies with all applicable requirements for requesting a
modification to the permit and demonstrates that:
(1)
(i) The
partial or final closure activities will, of necessity, take longer than 180
days to complete; or
(ii)
(A) The hazardous waste management unit or
facility has the capacity to receive additional hazardous wastes, or has the
capacity to receive non-hazardous wastes if the owner or operator complies with
paragraphs (d) and (e) of this section; and
(B) There is reasonable likelihood that he or
another person will recommence operation of the hazardous waste management unit
or the facility within one year; and
(C) Closure of the hazardous waste management
unit or facility would be incompatible with continued operation of the site;
and
(2) He has
taken and will continue to take all steps to prevent threats to human health
and the environment from the unclosed but not operating hazardous waste
management unit or facility, including compliance with all applicable permit
requirements.
(c) The
demonstrations referred to in paragraphs (a)(1) and (b)(1) of this section must
be made as follows:
(1) The demonstrations in
paragraph (a)(1) of this section must be made at least 30 days prior to the
expiration of the 90-day period in paragraph (a) of this section; and
(2) The demonstration in paragraph (b)(1) of
this section must be made at least 30 days prior to the expiration of the
180-day period in paragraph (b) of this section, unless the owner or operator
is otherwise subject to the deadlines in paragraph (d) of this
section.
(d) The Director
may allow an owner or operator to receive only non-hazardous wastes in a
landfill, land treatment, or surface impoundment unit after the final receipt
of hazardous wastes at that unit if:
(1) The
owner or operator requests a permit modification in compliance with all
applicable requirements in Sections 270 of this rule, Rule No. 8, and 40 CFR
124, and in the permit modification request demonstrates that:
(i) The unit has the existing design capacity
as indicated on the part A application to receive non-hazardous wastes;
and
(ii) There is a reasonable
likelihood that the owner or operator or another person will receive
non-hazardous wastes in the unit within one year after the final receipt of
hazardous wastes; and
(iii) The
non-hazardous wastes will not be incompatible with any remaining wastes in the
unit, or with the facility design and operating requirements of the unit or
facility under this Section; and
(iv) Closure of the hazardous waste
management unit would be incompatible with continued operation of the unit or
facility; and
(v) The owner or
operator is operating and will continue to operate in compliance with all
applicable permit requirements; and
(2) The request to modify the permit includes
an amended waste analysis plan, ground-water monitoring and response program,
human exposure assessment required under RCRA section 3019, and closure and
post-closure plans, and updated cost estimates and demonstrations of financial
assurance for closure and post-closure care as necessary and appropriate, to
reflect any changes due to the presence of hazardous constituents in the non-
hazardous wastes, and changes in closure activities, including the expected
year of closure if applicable under § 264.112(b)(7), as a result of the
receipt of non-hazardous wastes following the final receipt of hazardous
wastes; and
(3) The request to
modify the permit includes revisions, as necessary and appropriate, to affected
conditions of the permit to account for the receipt of non-hazardous wastes
following receipt of the final volume of hazardous wastes; and
(4) The request to modify the permit and the
demonstrations referred to in paragraphs (d)(1) and (d)(2) of this section are
submitted to the Director no later than 120 days prior to the date on which the
owner or operator of the facility receives the known final volume of hazardous
wastes at the unit, or no later than 90 days after the effective date of this
rule in the state in which the unit is located, whichever is later.
(e) In addition to the
requirements in paragraph (d) of this section, an owner or operator of a
hazardous waste surface impoundment that is not in compliance with the liner
and leachate collection system requirements in 42 U.S.C. 3004(o)(1) and
3005(j)(1) or 42 U.S.C. 3004(o) (2) or (3) or 3005(j) (2), (3), (4) or (13)
must:
(1) Submit with the request to modify
the permit:
(i) A contingent corrective
measures plan, unless a corrective action plan has already been submitted under
§ 264.99; and
(ii) A plan for
removing hazardous wastes in compliance with paragraph (e)(2) of this section;
and
(2) Remove all
hazardous wastes from the unit by removing all hazardous liquids, and removing
all hazardous sludges to the extent practicable without impairing the integrity
of the liner(s), if any.
(3)
Removal of hazardous wastes must be completed no later than 90 days after the
final receipt of hazardous wastes. The Director may approve an extension to
this deadline if the owner or operator demonstrates that the removal of
hazardous wastes will, of necessity, take longer than the allotted period to
complete and that an extension will not pose a threat to human health and the
environment.
(4) If a release that
is a statistically significant increase (or decrease in the case of pH) over
background values for detection monitoring parameters or constituents specified
in the permit or that exceeds the facility's ground-water protection standard
at the point of compliance, if applicable, is detected in accordance with the
requirements in Subsection F of this Section, the owner or operator of the
unit:
(i) Must implement corrective measures
in accordance with the approved contingent corrective measures plan required by
paragraph (e)(1) of this section no later than one year after detection of the
release, or approval of the contingent corrective measures plan, whichever is
later;
(ii) May continue to receive
wastes at the unit following detection of the release only if the approved
corrective measures plan includes a demonstration that continued receipt of
wastes will not impede corrective action; and
(iii) May be required by the Director to
implement corrective measures in less than one year or to cease the receipt of
wastes until corrective measures have been implemented if necessary to protect
human health and the environment.
(5) During the period of corrective action,
the owner or operator shall provide annual reports to the Director describing
the progress of the corrective action program, compile all ground-water
monitoring data, and evaluate the effect of the continued receipt of
non-hazardous wastes on the effectiveness of the corrective action.
(6) The Director may require the owner or
operator to commence closure of the unit if the owner or operator fails to
implement corrective action measures in accordance with the approved contingent
corrective measures plan within one year as required in paragraph (e)(4) of
this section, or fails to make substantial progress in implementing corrective
action and achieving the facility's ground-water protection standard or
background levels if the facility has not yet established a ground-water
protection standard.
(7) If the
owner or operator fails to implement corrective measures as required in
paragraph (e)(4) of this section, or if the Director determines that
substantial progress has not been made pursuant to paragraph (e)(6) of this
section he shall:
(i) Notify the owner or
operator in writing that the owner or operator must begin closure in accordance
with the deadlines in paragraphs (a) and (b) of this section and provide a
detailed statement of reasons for this determination, and
(ii) Provide the owner or operator and the
public, through a newspaper notice, the opportunity to submit written comments
on the decision no later than 20 days after the date of the notice.
(iii) If the Director receives no written
comments, the decision will become final five days after the close of the
comment period. The Director will notify the owner or operator that the
decision is final, and that a revised closure plan, if necessary, must be
submitted within 15 days of the final notice and that closure must begin in
accordance with the deadlines in paragraphs (a) and (b) of this
section.
(iv) If the Director
receives written comments on the decision, he shall make a final decision
within 30 days after the end of the comment period, and provide the owner or
operator in writing and the public through a newspaper notice, a detailed
statement of reasons for the final decision. If the Director determines that
substantial progress has not been made, closure must be initiated in accordance
with the deadlines in paragraphs (a) and (b) of this section.
(v) The final determinations made by the
Director under paragraphs (e)(7) (iii) and (iv) of this section are not subject
to administrative appeal.
§ 264.114
Disposal or
decontamination of equipment, structures, and soils
During the partial and final closure periods, all contaminated equipment, structures and soils must be properly disposed of or decontaminated unless otherwise specified in §§ 264.197, 264.228, 264.258, 264.280 or § 264.310. By removing any hazardous wastes or hazardous constituents during partial and final closure, the owner or operator may become a generator of hazardous waste and must handle that waste in accordance with all applicable requirements of Section 262 of this rule.
§ 264.115
Certification of
closure
Within 60 days of completion of closure of each hazardous waste surface impoundment, waste pile, land treatment, and landfill unit, and within 60 days of the completion of final closure, the owner or operator must submit to the Director, by registered mail, a certification that the hazardous waste management unit or facility, as applicable, has been closed in accordance with the specifications in the approved closure plan. The certification must be signed by the owner or operator and by an independent Arkansas-registered professional engineer. Documentation supporting the independent Arkansas-registered professional engineer's certification must be furnished to the Director upon request until he releases the owner or operator from the financial assurance requirements for closure under § 264.143(i).
§
264.116
Survey plat
No later than the submission of the certification of closure of each hazardous waste disposal unit, the owner or operator must submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the Director, a survey plat indicating the location and dimensions of landfills cells or other hazardous waste disposal units with respect to permanently surveyed benchmarks. This plat must be prepared and certified by a professional land surveyor. The plat filed with the local zoning authority, or the authority with jurisdiction over local land use, must contain a note, prominently displayed, which states the owner's or operator's obligation to restrict disturbance of the hazardous waste disposal unit in accordance with the applicable Subsection G rules.
§
264.117
Post-closure care and use of property
(a)
(1)
Post-closure care for each hazardous waste management unit subject to the
requirements of §§ 264.117 through 264.120 must begin after
completion of closure of the unit and continue for 30 years after that date and
must consist of at least the following:
(i)
Monitoring and reporting in accordance with the requirements of Subsections F,
K, L, M, N, and X of this Section; and
(ii) Maintenance and monitoring of waste
containment systems in accordance with the requirements of Subsections F, K, L,
M, N, and X of this Section.
(2) Any time preceding partial closure of a
hazardous waste management unit subject to post-closure care requirements or
final closure, or any time during the post-closure period for a particular
unit, the Director may, in accordance with the permit modification procedures
in Section 270:
(i) Shorten the post-closure
care period applicable to the hazardous waste management unit, or facility, if
all disposal units have been closed, if he finds that the reduced period is
sufficient to protect human health and the environment (e.g., leachate or
ground-water monitoring results, characteristics of the hazardous wastes,
application of advanced technology, or alternative disposal, treatment, or
re-use techniques indicate that the hazardous waste management unit or facility
is secure); or
(ii) Extend the
post-closure care period applicable to the hazardous waste management unit or
facility if he finds that the extended period is necessary to protect human
health and the environment (e.g., leachate or ground-water monitoring results
indicate a potential for migration of hazardous wastes at levels which may be
harmful to human health and the environment).
(b) The Director may require, at partial and
final closure, continuation of any of the security requirements of §
264.14 during part or all of the post-closure period when:
(1) Hazardous wastes may remain exposed after
completion of partial or final closure; or
(2) Access by the public or domestic
livestock may pose a hazard to human health.
(c) Post-closure use of property on or in
which hazardous wastes remain after partial or final closure must never be
allowed to disturb the integrity of the final cover, liner(s), or any other
components of the containment system, or the function of the facility's
monitoring systems, unless the Director finds that the disturbance:
(1) Is necessary to the proposed use of the
property, and will not increase the potential hazard to human health or the
environment; or
(2) Is necessary to
reduce a threat to human health or the environment.
(d) All post-closure care activities must be
in accordance with the provisions of the approved post-closure plan as
specified in § 264.118.
§
264.118
Post-closure plan; amendment of plan
(a) Written Plan. The owner or operator of a
hazardous waste disposal unit must have a written post-closure plan. In
addition, certain surface impoundments and waste piles from which the owner or
operator intends to remove or decontaminate the hazardous wastes at partial or
final closure are required by §§ 264.228(c)(1)(ii) and
264.258(c)(1)(ii) to have contingent post-closure plans. Owners or operators of
surface impoundments and waste piles not otherwise required to prepare
contingent post-closure plans under §§ 264.228(c)(1)(ii) and
264.258(c)(1)(ii) must submit a post-closure plan to the Director within 90
days from the date that the owner or operator or Director determines that the
hazardous waste management unit must be closed as a landfill, subject to the
requirements of §§ 264.117 through 264.120. The plan must be
submitted with the permit application, in accordance with § 270.14(b)(13)
of this rule, and approved by the Director as part of the permit issuance
procedures under 40 CFR 124 and Rule No. 8. In accordance with § 270.32 of
this rule, the approved post-closure plan will become a condition of any RCRA
permit issued.
(b) For each
hazardous waste management unit subject to the requirements of this section,
the post-closure plan must identify the activities that will be carried on
after closure of each disposal unit and the frequency of these activities, and
include at least:
(1) A description of the
planned monitoring activities and frequencies at which they will be performed
to comply with Subsections F, K, L, M, N, and X of this Section during the
post-closure care period; and
(2) A
description of the planned maintenance activities, and frequencies at which
they will be performed, to ensure:
(i) The
integrity of the cap and final cover or other containment systems in accordance
with the requirements of Subsections F, K, L, M, N, and X of this Section;
and
(ii) The function of the
monitoring equipment in accordance with the requirements of Subsections, F, K,
L, M, N, and X of this Section; and
(3) The name, address, and phone number of
the person or office to contact about the hazardous waste disposal unit or
facility during the post-closure care period.
(4) For facilities where the Director has
applied alternative requirements at a regulated unit under §§
264.90(f), 264.110(c), and/or § 264.140(d), either the alternative
requirements that apply to the regulated unit, or a reference to the
enforceable document containing those requirements.
(c) Until final closure of the facility, a
copy of the approved post-closure plan must be furnished to the Director upon
request, including request by mail. After final closure has been certified, the
person or office specified in § 264.188(b)(3) must keep the approved
post-closure plan during the remainder of the post-closure period.
(d) Amendment of plan. The owner or operator
must submit a written notification of or request for a permit modification to
authorize a change in the approved post-closure plan in accordance with the
applicable requirements in Section 270. The written notification or request
must include a copy of the amended post-closure plan for review or approval by
the Director.
(1) The owner or operator may
submit a written notification or request to the Director for a permit
modification to amend the post-closure plan at any time during the active life
of the facility or during the post-closure care period.
(2) The owner or operator must submit a
written notification of or request for a permit modification to authorize a
change in the approved post-closure plan whenever:
(i) Changes in operating plans or facility
design affect the approved post-closure plan, or
(ii) There is a change in the expected year
of final closure, if applicable, or
(iii) Events which occur during the active
life of the facility, including partial and final closures, affect the approved
post-closure plan.
(iv) The owner
or operator requests the Director to apply alternative requirements to a
regulated unit under §§ 264.90(f), 264.110(c), and/or §
264.140(d).
(3) The owner
or operator must submit a written request for a permit modification at least 60
days prior to the proposed change in facility design or operation, or no later
than 60 days after an unexpected event has occurred which has affected the
post-closure plan. An owner or operator of a surface impoundment or waste pile
that intends to remove all hazardous waste at closure and is not otherwise
required to submit a contingent post-closure plan under §§
264.228(c)(1)(ii) and 264.258(c)(1)(ii) must submit a post-closure plan to the
Director no later than 90 days after the date that the owner or operator or
Director determines that the hazardous waste management unit must be closed as
a landfill, subject to the requirements of § 264.310. The Director will
approve, disapprove or modify this plan in accordance with the procedures in
Section 270. In accordance with § 270.32 of this rule, the approved
post-closure plan will become a permit condition.
(4) The Director may request modifications to
the plan under the conditions described in § 264.118(d)(2). The owner or
operator must submit the modified plan no later than 60 days after the
Director's request, or no later than 90 days if the unit is a surface
impoundment or waste pile not previously required to prepare a contingent
post-closure plan. Any modifications requested by the Director will be
approved, disapproved, or modified in accordance with the procedures in Section
270.
§
264.119
Post-closure notices
(a) No later than 60 days after certification
of closure of each hazardous waste disposal unit, the owner or operator must
submit to the local zoning authority, or the authority with jurisdiction over
local land use, and to the Director a record of the type, location, and
quantity of hazardous wastes disposed of within each cell or other disposal
unit of the facility. For hazardous wastes disposed of before January 12, 1981,
the owner or operator must identify the type, location, and quantity of the
hazardous wastes to the best of his knowledge and in accordance with any
records he has kept.
(b) Within 60
days of certification of closure of the first hazardous waste disposal unit and
within 60 days of certification of closure of the last hazardous waste disposal
unit, the owner or operator must:
(1) Record,
in accordance with State law, a notation on the deed to the facility property -
or on some other instrument which is normally examined during title search -
that will in perpetuity notify any potential purchaser of the property that:
(i) The land has been used to manage
hazardous wastes; and
(ii) Its use
is restricted under Section 264 Subsection G rules; and
(iii) The survey plat and record of the type,
location, and quantity of hazardous wastes disposed of within each cell or
other hazardous waste disposal unit of the facility required by §§
264.116 and 264.119(a) have been filed with the local zoning authority or the
authority with jurisdiction over local land use and with the Director; and (2)
Submit a certification, signed by the owner or operator, that he has recorded
the notation specified in paragraph (b)(1) of this section, including a copy of
the document in which the notation has been placed, to the Director.
(c) If the owner or
operator or any subsequent owner or operator of the land upon which a hazardous
waste disposal unit is located wishes to remove hazardous wastes and hazardous
waste residues, the liner, if any, or contaminated soils, he must request a
modification to the post-closure permit in accordance with the applicable
requirements in Section 270. The owner or operator must demonstrate that the
removal of hazardous wastes will satisfy the criteria of § 264.117(c). By
removing hazardous waste, the owner or operator may become a generator of
hazardous waste and must manage it in accordance with all applicable
requirements of this rule. If he is granted a permit modification or otherwise
granted approval to conduct such removal activities, the owner or operator may
request that the Director approve either:
(1)
The removal of the notation on the deed to the facility property or other
instrument normally examined during title search; or
(2) The addition of a notation to the deed or
instrument indicating the removal of the hazardous waste.
§ 264.120
Certification of completion of post-closure care
No later than 60 days after completion of the established post-closure care period for each hazardous waste disposal unit, the owner or operator must submit to the Director, by registered mail, a certification that the post-closure care period for the hazardous waste disposal unit was performed in accordance with the specifications in the approved post-closure plan. The certification must be signed by the owner or operator and an independent Arkansas-registered professional engineer. Documentation supporting the independent Arkansas-registered professional engineer's certification must be furnished to the Director upon request until he releases the owner or operator from the financial assurance requirements for post-closure care under § 264.145(i).
Subsection
H
-- Financial Requirements
§ 264.140
Applicability
(a) The requirements of §§ 264.142,
264.143, and 264.147 through 264.151 apply to owners and operators of all
hazardous waste facilities, except as provided otherwise in this section or in
§ 264.1.
(b) The requirements
of §§ 264.144 and 264.145 apply only to owners and operators of:
(1) Disposal facilities,
(2) Piles, and surface impoundments from
which the owner or operator intends to remove the wastes at closure, to the
extent that these sections are made applicable to such facilities in
§§ 264.228 and 264.258.
(3) Tank systems that are required under
§ 264.197 to meet the requirements for landfills.
(4) Containment buildings that are required
under § 264.1102 to meet the requirements for landfills.
(c) Facilities owned and operated
by the State or the Federal government are exempt from the requirements of this
Subsection.
(d) The Director may
replace all or part of the requirements of this subpart applying to a regulated
unit with alternative requirements for financial assurance set out in the
permit or in an enforceable document (as defined in § 270.1(c)(7)), where
the Director:
(1) Prescribes alternative
requirements for the regulated unit under § 264.90(f) and/or §
264.110(c); and
(2) Determines that
it is not necessary to apply the requirements of this subpart because the
alternative financial assurance requirements will protect human health and the
environment.
§
264.141
Definitions of terms as used in this
Subsection
(a) "Closure plan" means
the plan for closure prepared in accordance with the requirements of §
264.112.
(b) "Current closure cost
estimate" means the most recent of the estimates prepared in accordance with
§ 264.142 (a), (b), and (c).
(c) "Current post-closure cost estimate"
means the most recent of the estimates prepared in accordance with §
264.144 (a), (b), and (c).
(d)
"Parent corporation" means a corporation which directly owns at least 50
percent of the voting stock of the corporation which is the facility owner or
operator; the latter corporation is deemed a "subsidiary" of the parent
corporation.
(e) "Post-closure
plan" means the plan for post-closure care prepared in accordance with the
requirements of §§ 264.117 through 264.120.
(f) The following terms are used in the
specifications for the financial tests for closure, post-closure care, and
liability coverage. The definitions are intended to assist in the understanding
of these rules and are not intended to limit the meanings of terms in a way
that conflicts with generally accepted accounting practices.
"Assets" means all existing and all probable future economic benefits obtained or controlled by a particular entity.
"Captive insurance" means insurance for which the insurer underwrites insurance policies solely for its parent corporation or for other affiliates controlled by its parent.
"Completed fiscal year" shall mean a period based upon generally accepted accounting principles."
"Current assets" means cash or other assets or resources commonly identified as those which are reasonably expected to be realized in cash or sold or consumed during the normal operating cycle of the business.
"Current liabilities" means obligations whose liquidation is reasonably expected to require the use of existing resources properly classifiable as current assets or the creation of other current liabilities.
"Current plugging and abandonment cost estimate" means the most recent of the estimates prepared in accordance with 40 CFR 144.62(a), (b), and (c).
"Independently audited" refers to an audit performed by an independent certified public accountant in accordance with generally accepted auditing standards.
"Liabilities" means probable future sacrifices of economic benefits arising from present obligations to transfer assets or provide services to other entities in the future as a result of past transactions or events.
"Net working capital" means current assets minus current liabilities.
"Net worth" means total assets minus total liabilities and is equivalent to owner's equity.
"Tangible net worth" means the tangible assets that remain after deducting liabilities; such assets would not include intangibles such as goodwill and rights to patents or royalties.
(g) In the liability insurance requirements
the terms "bodily injury" and "property damage" shall have the meanings given
these terms by applicable State law. However, these terms do not include those
liabilities which, consistent with standard industry practices, are excluded
from coverage in liability policies for bodily injury and property damage. The
Division intends the meanings of other terms used in the liability insurance
requirements to be consistent with their common meanings within the insurance
industry. The definitions given below of several of the terms are intended to
assist in the understanding of these rules and are not intended to limit their
meanings in a way that conflicts with general insurance industry usage.
"Accidental occurrence" means an accident, including continuous or repeated exposure to conditions, which results in bodily injury or property damage neither expected nor intended from the standpoint of the insured.
"Legal defense costs" means any expenses that an insurer incurs in defending against claims of third parties brought under the terms and conditions of an insurance policy.
"Nonsudden accidental occurrence" means an occurrence which takes place over time and involves continuous or repeated exposure.
"Sudden accidental occurrence" means an occurrence which is not continuous or repeated in nature.
(h) "Substantial business relationship" means
the extent of a business relationship necessary under applicable State law to
make a guarantee contract issued incident to that relationship valid and
enforceable. A "substantial business relationship" must arise from a pattern of
recent or ongoing business transactions, in addition to the guarantee itself,
such that a currently existing business relationship between the guarantor and
the owner or operator is demonstrated to the satisfaction of the
Director.
§ 264.142
Cost estimate for closure
(a) The
owner or operator must have a detailed written estimate, in current dollars, of
the cost of closing the facility in accordance with the requirements in
§§ 264.111 through 264.115 and applicable closure requirements in
§§ 264.178, 264.197, 264.228, 264.258, 264.280, 264.310, 264.351, and
264.601 through 264.603, and 264.1102.
(1)
The estimate must equal the cost of final closure at the point in the
facility's active life when the extent and manner of its operation would make
closure the most expensive, as indicated by its closure plan (see §
264.112(b)); and
(2) The closure
cost estimate must be based on the costs to the owner or operator of hiring a
third party to close the facility. A third party is a party who is neither a
parent nor a subsidiary of the owner or operator. (See definition of parent
corporation in § 264.141(d).) The owner or operator may use costs for
on-site disposal if he can demonstrate that on-site disposal capacity will
exist at all times over the life of the facility.
(3) The closure cost estimate may not
incorporate any salvage value that may be realized with the sale of hazardous
wastes, or non-hazardous wastes if applicable under § 264.113(d), facility
structures or equipment, land, or other assets associated with the facility at
the time of partial or final closure.
(4) The owner or operator may not incorporate
a zero cost for hazardous wastes, or non-hazardous wastes if applicable under
§ 264.113(d), that might have economic value.
(b) During the active life of the facility,
the owner or operator must adjust the closure cost estimate for inflation
within 60 days prior to the anniversary date of the establishment of the
financial instrument(s) used to comply with § 264.143. For owners and
operators using the financial test or corporate guarantee, the closure cost
estimate must be updated for inflation within 30 days after the close of the
firm's fiscal year and before submission of updated information to the Director
as specified in § 264.143(f)(3). The adjustment may be made by
recalculating the maximum costs of closure in current dollars, or by using an
inflation factor derived from the most recent Implicit Price Deflator for Gross
National Product published by the U.S. Department of Commerce in its Survey of
Current Business, as specified in paragraphs (b)(1) and (2) of this section.
The inflation factor is the result of dividing the latest published annual
Deflator by the Deflator for the previous year.
(1) The first adjustment is made by
multiplying the closure cost estimate by the inflation factor. The result is
the adjusted closure cost estimate.
(2) Subsequent adjustments are made by
multiplying the latest adjusted closure cost estimate by the latest inflation
factor.
(c) During the
active life of the facility, the owner or operator must revise the closure cost
estimate no later than 30 days after the Director has approved the request to
modify the closure plan, if the change in the closure plan increases the cost
of closure. The revised closure cost estimate must be adjusted for inflation as
specified in § 264.142(b).
(d)
The owner or operator must keep the following at the facility during the
operating life of the facility: The latest closure cost estimate prepared in
accordance with § 264.142 (a) and (c) and, when this estimate has been
adjusted in accordance with § 264.142(b), the latest adjusted closure cost
estimate.
§ 264.143
Financial assurance for closure
An owner or operator of each facility must establish financial assurance for closure of the facility. He must choose from the options as specified in paragraphs (a) through (f) of this section.
(a) Closure trust fund.
(1) An owner or operator may satisfy the
requirements of this section by establishing a closure trust fund which
conforms to the requirements of this paragraph and submitting an originally
signed duplicate of the trust agreement to the Director. An owner or operator
of a new facility must submit the originally signed duplicate of the trust
agreement to the Director at least 60 days before the date on which hazardous
waste is first received for treatment, storage, or disposal. The trustee must
be an entity which has the authority to act as a trustee and whose trust
operations are regulated and examined by a Federal or State agency.
(2) The wording of the trust agreement must
be identical to the wording specified in § 264.151(a)(1), and the trust
agreement must be accompanied by a formal certification of acknowledgment (for
example, see § 264.151(a)(2)). Schedule A of the trust agreement must be
updated within 60 days after a change in the amount of the current closure cost
estimate covered by the agreement.
(3) Payments into the trust fund must be made
annually by the owner or operator over the term of the initial RCRA permit or
over the remaining operating life of the facility as estimated in the closure
plan, whichever period is shorter; this period is hereafter referred to as the
"pay-in period." The payments into the closure trust fund must be made as
follows:
(i) For a new facility, the first
payment must be made before the initial receipt of hazardous waste for
treatment, storage, or disposal. A receipt from the trustee for this payment
must be submitted by the owner or operator to the Director before this initial
receipt of hazardous waste. The first payment must be at least equal to the
current closure cost estimate, except as provided in § 264.143(g), divided
by the number of years in the pay-in period. Subsequent payments must be made
no later than 30 days after each anniversary date of the first payment. The
amount of each subsequent payment must be determined by this formula:
where CE is the current closure cost estimate, CV is the current value of the trust fund, and Y is the number of years remaining in the pay-in period.
(ii) If an
owner or operator establishes a trust fund as specified in § 265.143(a) of
this rule, and the value of that trust fund is less than the current closure
cost estimate when a permit is awarded for the facility, the amount of the
current closure cost estimate still to be paid into the trust fund must be paid
in over the pay-in period as defined in paragraph (a)(3) of this section.
Payments must continue to be made no later than 30 days after each anniversary
date of the first payment made pursuant to Section 265 of this rule. The amount
of each payment must be determined by this formula:
where CE is the current closure cost estimate, CV is the current value of the trust fund, and Y is the number of years remaining in the pay-in period.
(4)
The owner or operator may accelerate payments into the trust fund or he may
deposit the full amount of the current closure cost estimate at the time the
fund is established. However, he must maintain the value of the fund at no less
than the value that the fund would have if annual payments were made as
specified in paragraph (a)(3) of this section.
(5) If the owner or operator establishes a
closure trust fund after having used one or more alternate mechanisms specified
in this section or in § 265.143 of this rule, his first payment must be in
at least the amount that the fund would contain if the trust fund were
established initially and annual payments made according to specifications of
this paragraph and § 265.143(a) of this rule, as applicable.
(6) After the pay-in period is completed,
whenever the current closure cost estimate changes, the owner or operator must
compare the new estimate with the trustee's most recent annual valuation of the
trust fund. If the value of the fund is less than the amount of the new
estimate, the owner or operator, within 60 days after the change in the cost
estimate, must either deposit an amount into the fund so that its value after
this deposit at least equals the amount of the current closure cost estimate,
or obtain other financial assurance as specified in this section to cover the
difference.
(7) If the value of the
trust fund is greater than the total amount of the current closure cost
estimate, the owner or operator may submit a written request to the Director
for release of the amount in excess of the current closure cost
estimate.
(8) If an owner or
operator substitutes other financial assurance as specified in this section for
all or part of the trust fund, he may submit a written request to the Director
for release of the amount in excess of the current closure cost estimate
covered by the trust fund.
(9)
Within 60 days after receiving a request from the owner or operator for release
of funds as specified in paragraph (a) (7) or (8) of this section, the Director
will instruct the trustee to release to the owner or operator such funds as the
Director specifies in writing.
(10)
After beginning partial or final closure, an owner or operator or another
person authorized to conduct partial or final closure may request
reimbursements for partial or final closure expenditures by submitting itemized
bills to the Director. The owner or operator may request reimbursements for
partial closure only if sufficient funds are remaining in the trust fund to
cover the maximum costs of closing the facility over its remaining operating
life. Within 60 days after receiving bills for partial or final closure
activities, the Director will instruct the trustee to make reimbursements in
those amounts as the Director specifies in writing, if the Director determines
that the partial or final closure expenditures are in accordance with the
approved closure plan, or otherwise justified. If the Director has reason to
believe that the maximum cost of closure over the remaining life of the
facility will be significantly greater than the value of the trust fund, he may
withhold reimbursements of such amounts as he deems prudent until he
determines, in accordance with § 264.143(i) that the owner or operator is
no longer required to maintain financial assurance for final closure of the
facility. If the Director does not instruct the trustee to make such
reimbursements, he will provide the owner or operator with a detailed written
statement of reasons.
(11) The
Director will agree to termination of the trust when:
(i) An owner or operator substitutes
alternate financial assurance as specified in this section; or
(ii) The Director releases the owner or
operator from the requirements of this section in accordance with §
264.143(i).
(b)
Surety bond guaranteeing payment into a closure trust fund.
(1) An owner or operator may satisfy the
requirements of this section by obtaining a surety bond which conforms to the
requirements of this paragraph and submitting the bond to the Director. An
owner or operator of a new facility must submit the bond to the Director at
least 60 days before the date on which hazardous waste is first received for
treatment, storage, or disposal. The bond must be effective before this initial
receipt of hazardous waste. The surety company issuing the bond must, at a
minimum, be among those listed as acceptable sureties on Federal bonds in
Circular 570 of the U.S. Department of the Treasury.
(2) The wording of the surety bond must be
identical to the wording specified in § 264.151(b).
(3) The owner or operator who uses a surety
bond to satisfy the requirements of this section must also establish a standby
trust fund. Under the terms of the bond, all payments made thereunder will be
deposited by the surety directly into the standby trust fund in accordance with
instructions from the Director. This standby trust fund must meet the
requirements specified in § 264.143(a), except that:
(i) An originally signed duplicate of the
trust agreement must be submitted to the Director with the surety bond;
and
(ii) Until the standby trust
fund is funded pursuant to the requirements of this section, the following are
not required by these rules:
(A) Payments into
the trust fund as specified in § 264.143(a);
(B) Updating of Schedule A of the trust
agreement (see § 264.151(a)) to show current closure cost
estimates;
(C) Annual valuations as
required by the trust agreement; and
(D) Notices of nonpayment as required by the
trust agreement.
(4) The bond must guarantee that the owner or
operator will:
(i) Fund the standby trust fund
in an amount equal to the penal sum of the bond before the beginning of final
closure of the facility; or
(ii)
Fund the standby trust fund in an amount equal to the penal sum within 15 days
after an administrative order to begin final closure issued by the Director
becomes final, or within 15 days after an order to begin final closure is
issued by a U.S. district court or other court of competent jurisdiction;
or
(iii) Provide alternate
financial assurance as specified in this section, and obtain the Director's
written approval of the assurance provided, within 90 days after receipt by
both the owner or operator and the Director of a notice of cancellation of the
bond from the surety.
(5)
Under the terms of the bond, the surety will become liable on the bond
obligation when the owner or operator fails to perform as guaranteed by the
bond.
(6) The penal sum of the bond
must be in an amount at least equal to the current closure cost estimate,
except as provided in § 264.143(g).
(7) Whenever the current closure cost
estimate increases to an amount greater then the penal sum, the owner or
operator, within 60 days after the increase, must either cause the penal sum to
be increased to an amount at least equal to the current closure cost estimate
and submit evidence of such increase to the Director, or obtain other financial
assurance as specified in this section to cover the increase. Whenever the
current closure cost estimate decreases, the penal sum may be reduced to the
amount of the current closure cost estimate following written approval by the
Director.
(8) Under the terms of
the bond, the surety may cancel the bond by sending notice of cancellation by
certified mail to the owner or operator and to the Director. Cancellation may
not occur, however, during the 120 days beginning on the date of receipt of the
notice of cancellation by both the owner or operator and the Director, as
evidence by the return receipts.
(9) The owner or operator may cancel the bond
if the Director has given prior written consent based on his receipt of
evidence of alternate financial assurance as specified in this
section.
(c) Surety bond
guaranteeing performance of closure.
(1) An
owner or operator may satisfy the requirements of this section by obtaining a
surety bond which conforms to the requirements of this paragraph and submitting
the bond to the Director. An owner or operator of a new facility must submit
the bond to the Director at least 60 days before the date on which hazardous
waste is first received for treatment, storage, or disposal. The bond must be
effective before this initial receipt of hazardous waste. The surety company
issuing the bond must, at a minimum, be among those listed as acceptable
sureties on Federal bonds in Circular 570 of the U.S. Department of the
Treasury.
(2) The wording of the
surety bond must be identical to the wording specified in §
264.151(c).
(3) The owner or
operator who uses a surety bond to satisfy the requirements of this section
must also establish a standby trust fund. Under the terms of the bond, all
payments made thereunder will be deposited by the surety directly into the
standby trust fund in accordance with instructions from the Director. This
standby trust must meet the requirements specified in § 264.143(a), except
that:
(i) An originally signed duplicate of
the trust agreement must be submitted to the Director with the surety bond;
and
(ii) Unless the standby trust
fund is funded pursuant to the requirements of this section, the following are
not required by these rules:
(A) Payments into
the trust fund as specified in § 264.143(a);
(B) Updating of Schedule A of the trust
agreement (see § 264.151(a)) to show current closure cost
estimates;
(C) Annual valuations as
required by the trust agreement; and
(D) Notices of nonpayment as required by the
trust agreement.
(4) The bond must guarantee that the owner or
operator will:
(i) Perform final closure in
accordance with the closure plan and other requirements of the permit for the
facility whenever required to do so; or
(ii) Provide alternate financial assurance as
specified in this section, and obtain the Director's written approval of the
assurance provided, within 90 days after receipt by both the owner or operator
and the Director of a notice of cancellation of the bond from the
surety.
(5) Under the
terms of the bond, the surety will become liable on the bond obligation when
the owner or operator fails to perform as guaranteed by the bond. Following a
final administrative determination pursuant to section 3008 of RCRA that the
owner or operator has failed to perform final closure in accordance with the
approved closure plan and other permit requirements when required to do so,
under the terms of the bond the surety will perform final closure as guaranteed
by the bond or will deposit the amount of the penal sum into the standby trust
fund.
(6) The penal sum of the bond
must be in an amount at least equal to the current closure cost
estimate.
(7) Whenever the current
closure cost estimate increases to an amount greater than the penal sum, the
owner or operator, within 60 days after the increase, must either cause the
penal sum to be increased to an amount at least equal to the current closure
cost estimate and submit evidence of such increase to the Director, or obtain
other financial assurance as specified in this section. Whenever the current
closure cost estimate decreases, the penal sum may be reduced to the amount of
the current closure cost estimate following written approval by the
Director.
(8) Under the terms of
the bond, the surety may cancel the bond by sending notice of cancellation by
certified mail to the owner or operator and to the Director. Cancellation may
not occur, however, during the 120 days beginning on the date of receipt of the
notice of cancellation by both the owner or operator and the Director, as
evidenced by the return receipts.
(9) The owner or operator may cancel the bond
if the Director has given prior written consent. The Director will provide such
written consent when:
(i) An owner or
operator substitutes alternate financial assurance as specified in this
section; or
(ii) The Director
releases the owner or operator from the requirements of this section in
accordance with § 264.143(i).
(10) The surety will not be liable for
deficiencies in the performance of closure by the owner or operator after the
Director releases the owner or operator from the requirements of this section
in accordance with § 264.143(i).
(d) Closure letter of credit.
(1) An owner or operator may satisfy the
requirements of this section by obtaining an irrevocable standby letter of
credit which conforms to the requirements of this paragraph and submitting the
letter to the Director. An owner or operator of a new facility must submit the
letter of credit to the Director at least 60 days before the date on which
hazardous waste is first received for treatment, storage, or disposal. The
letter of credit must be effective before this initial receipt of hazardous
waste. The issuing institution must be an entity which has the authority to
issue letters of credit and whose letter-of-credit operations are regulated and
examined by a Federal or State agency.
(2) The wording of the letter of credit must
be identical to the wording specified in § 264.151(d).
(3) An owner or operator who uses a letter of
credit to satisfy the requirements of this section must also establish a
standby trust fund. Under the terms of the letter of credit, all amounts paid
pursuant to a draft by the Director will be deposited by the issuing
institution directly into the standby trust fund in accordance with
instructions from the Director. This standby trust fund must meet the
requirements of the trust fund specified in § 264.143(a), except that:
(i) An originally signed duplicate of the
trust agreement must be submitted to the Director with the letter of credit;
and
(ii) Unless the standby trust
fund is funded pursuant to the requirements of this section, the following are
not required by these rules:
(A) Payments into
the trust fund as specified in § 264.143(a);
(B) Updating of Schedule A of the trust
agreement (see § 264.151(a)) to show current closure cost
estimates;
(C) Annual valuations as
required by the trust agreement; and
(D) Notices of nonpayment as required by the
trust agreement.
(4) The letter of credit must be accompanied
by a letter from the owner or operator referring to the letter of credit by
number, issuing institution, and date, and providing the following information:
the EPA Identification Number, name, and address of the facility, and the
amount of funds assured for closure of the facility by the letter of
credit.
(5) The letter of credit
must be irrevocable and issued for a period of at least 1 year. The letter of
credit must provide that the expiration date will be automatically extended for
a period of at least 1 year unless, at least 120 days before the current
expiration date, the issuing institution notifies both the owner or operator
and the Director by certified mail of a decision not to extend the expiration
date. Under the terms of the letter of credit, the 120 days will begin on the
date when both the owner or operator and the Director have received the notice,
as evidenced by the return receipts.
(6) The letter of credit must be issued in an
amount at least equal to the current closure cost estimate, except as provided
in § 264.143(g).
(7) Whenever
the current closure cost estimate increases to an amount greater than the
amount of the credit, the owner or operator, within 60 days after the increase,
must either cause the amount of the credit to be increased so that it at least
equals the current closure cost estimate and submit evidence of such increase
to the Director, or obtain other financial assurance as specified in this
section to cover the increase. Whenever the current closure cost estimate
decreases, the amount of the credit may be reduced to the amount of the current
closure cost estimate following written approval by the Director.
(8) Following a final administrative
determination pursuant to section 3008 of RCRA that the owner or operator has
failed to perform final closure in accordance with the closure plan and other
permit requirements when required to do so, the Director may draw on the letter
of credit.
(9) If the owner or
operator does not establish alternate financial assurance as specified in this
section and obtain written approval of such alternate assurance from the
Director within 90 days after receipt by both the owner or operator and the
Director of a notice from issuing institution that it has decided not to extend
the letter of credit beyond the current expiration date, the Director will draw
on the letter of credit. The Director may delay the drawing if the issuing
institution grants an extension of the term of the credit. During the last 30
days of any such extension the Director will draw on the letter of credit if
the owner or operator has failed to provide alternate financial assurance as
specified in this section and obtain written approval of such assurance from
the Director.
(10) The Director
will return the letter of credit to the issuing institution for termination
when:
(i) An owner or operator substitutes
alternate financial assurance as specified in this section; or
(ii) The Director releases the owner or
operator from the requirements of this section in accordance with §
264.143(i).
(e)
Closure insurance.
(1) An owner or operator
may satisfy the requirements of this section by obtaining closure insurance
which conforms to the requirements of this paragraph and submitting a
certificate of such insurance to the Director. An owner or operator of a new
facility must submit the certificate of insurance and a copy of the
insurance policy to the Director at least 60 days before the date on
which hazardous waste is first received for treatment, storage, or disposal.
The insurance must be effective before this initial receipt of hazardous waste.
At a minimum, the insurer must be 1) licensed to transact the business of
insurance, or eligible to provide insurance as an excess or surplus lines
insurer as recognized by the Arkansas Insurance Department; and 2) have
a current rating of AAA, AA, or A as rated by Standard & Poor's; Aaa, Aa,
or A if rated by Moody's, or A++, A+, A, or A- if rated by A.M. Best. Captive
insurance shall not be used to provide financial assurance under the
requirements of this Rule.
(2) The wording of the certificate of
insurance must be identical to the wording specified in §
264.151(e).
(3) The closure
insurance policy must be issued for a face amount at least equal to the current
closure cost estimate, except as provided in § 264.143(g). The term "face
amount" means the total amount the insurer is obligated to pay under the
policy. Actual payments by the insurer will not change the face amount,
although the insurer's future liability will be lowered by the amount of the
payments.
(4) The closure insurance
policy must guarantee that funds will be available to close the facility
whenever final closure occurs. The policy must also guarantee that once final
closure begins, the insurer will be responsible for paying out funds, up to an
amount equal to the face amount of the policy, upon the direction of the
Director, to such party or parties as the Director specifies.
Note: APC &EC Rule No. 23, Sections 264 and 265, subsections H refer to acceptable bond ratings by Standard & Poor's and Moody's as BBB or higher if rated by S&P, or Baa or higher if rated by Moody's. In recent years these rating companies have added suffixes of "+" or "-" to their ratings to indicate whether the bond is rated in the upper (+ or 1), median (no suffix, or 2) or lower (- or 3) third of all bonds rated under that category. Federal financial assurance rules have not been revised since the rating companies instituted this practice, and it is EPA's and DEQ's practice to consider bonds rated in the lower third (BBB- or Baa3) as if they were rated as BBB or Baa under the old rating scheme.
(5) After beginning partial or final closure,
an owner or operator or any other person authorized to conduct closure may
request reimbursements for closure expenditures by submitting itemized bills to
the Director. The owner or operator may request reimbursements for partial
closure only if the remaining value of the policy is sufficient to cover the
maximum costs of closing the facility over its remaining operating life. Within
60 days after receiving bills for closure activities, the Director will
instruct the insurer to make reimbursements in such amounts as the Director
specifies in writing, if the Director determines that the partial or final
closure expenditures are in accordance with the approved closure plan or
otherwise justified. If the Director has reason to believe that the maximum
cost of closure over the remaining life of the facility will be significantly
greater than the face amount of the policy, he may withhold reimbursements of
such amounts as he deems prudent until he determines, in accordance with §
264.143(i), that the owner or operator is no longer required to maintain
financial assurance for final closure of the facility. If the Director does not
instruct the insurer to make such reimbursements, he will provide the owner or
operator with a detailed written statement of reasons.
(6) The owner or operator must maintain the
policy in full force and effect until the Director consents to termination of
the policy by the owner or operator as specified in paragraph (e)(10) of this
section. Failure to pay the premium, without substitution of alternate
financial assurance as specified in this section, will constitute a significant
violation of these rules, warranting such remedy as the Director deems
necessary. Such violation will be deemed to begin upon receipt by the Director
of notice of future cancellation, termination, or failure to renew due to
nonpayment of the premium, rather than upon the date of expiration.
(7) Each policy must contain a provision
allowing assignment of the policy to a successor owner or operator. Such
assignment may be conditional upon consent of the insurer, provided such
consent is not unreasonably refused.
(8) The policy must provide that the insurer
may not cancel, terminate, or fail to renew the policy except for failure to
pay the premium. The automatic renewal of the policy must, at a minimum,
provide the insured with the option of renewal at the face amount of the
expiring policy. If there is a failure to pay the premium, the insurer may
elect to cancel, terminate, or fail to renew the policy by sending notice by
certified mail to the owner or operator and the Director. Cancellation,
termination, or failure to renew may not occur, however, during the 120 days
beginning with the date of receipt of the notice by both the Director and the
owner or operator, as evidenced by the return receipts. Cancellation,
termination, or failure to renew may not occur and the policy will remain in
full force and effect in the event that on or before the date of expiration:
(i) The Director deems the facility
abandoned; or
(ii) The permit is
terminated or revoked or a new permit is denied; or
(iii) Closure is ordered by the Director or a
U.S. district court or other court of competent jurisdiction; or
(iv) The owner or operator is named as debtor
in a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S.
Code; or
(v) The premium due is
paid.
(9) Whenever the
current closure cost estimate increases to an amount greater than the face
amount of the policy, the owner or operator, within 60 days after the increase,
must either cause the face amount to be increased to an amount at least equal
to the current closure cost estimate and submit evidence of such increase to
the Director, or obtain other financial assurance as specified in this section
to cover the increase. Whenever the current closure cost estimate decreases,
the face amount may be reduced to the amount of the current closure cost
estimate following written approval by the Director.
(10) The Director will give written consent
to the owner or operator that he may terminate the insurance policy when:
(i) An owner or operator substitutes
alternate financial assurance as specified in this section; or
(ii) The Director releases the owner or
operator from the requirements of this section in accordance with §
264.143(i).
(f)
Financial test and corporate guarantee for closure.
(1) An owner or operator may satisfy the
requirements of this section by demonstrating that he passes a financial test
as specified in this paragraph. To pass this test the owner or operator must
meet the criteria of either paragraph (f)(1)(i) or (ii) of this section:
(i) The owner or operator must have:
(A) Two of the following three ratios: a
ratio of total liabilities to net worth less than 2.0; a ratio of the sum of
net income plus depreciation, depletion, and amortization to total liabilities
greater than 0.1; and a ratio of current assets to current liabilities greater
than 1.5; and
(B) Net working
capital and tangible net worth each at least six times the sum of the current
closure and post-closure cost estimates and the current plugging and
abandonment cost estimates; and
(C)
Tangible net worth of at least $10 million; and
(D) Assets located in the United States
amounting to at least 90 percent of total assets or at least six times the sum
of the current closure and post-closure cost estimates and the current plugging
and abandonment cost estimates.
(ii) The owner or operator must have:
(A) A current rating for his most recent bond
issuance of AAA, AA, A, or BBB as
* issued by Standard and Poor's or Aaa, Aa, A, or Baa as issued by Moody's ; and
(B)
Tangible net worth at least six times the sum of the current closure and
post-closure cost estimates and the current plugging and abandonment cost
estimates; and
(C) Tangible net
worth of at least $10 million; and
(D) Assets located in the United States
amounting to at least 90 percent of total assets or at least six times the sum
of the current closure and post-closure cost estimates and the current plugging
and abandonment cost estimates.
(2) The phrase "current closure and
post-closure cost estimates" as used in paragraph (f)(1) of this section refers
to the cost estimates required to be shown in paragraphs 1-4 of the letter from
the owner's or operator's chief financial officer (§ 264.151(f)). The
phrase "current plugging and abandonment cost estimates" as used in paragraph
(f)(1) of this section refers to the cost estimates required to be shown in
paragraphs 1-4 of the letter from the owner's or operator's chief financial
officer (40 CFR
144.70(f)).
(3) To demonstrate that he meets this test,
the owner or operator must submit the following items to the Director:
(i) A letter signed by the owner's or
operator's chief financial officer and worded as specified in §
264.151(f); and
(ii) A copy of the
independent certified public accountant's report on examination of the owner's
or operator's financial statements for the latest completed fiscal year;
and
(iii) A special report from the
owner's or operator's independent certified public accountant to the owner or
operator stating that:
(A) He has compared the
data which the letter from the chief financial officer specifies as having been
derived from the independently audited, year-end financial statements for the
latest fiscal year with the amounts in such financial statements; and
(B) In connection with that procedure, no
matters came to his attention which caused him to believe that the specified
data should be adjusted; and
(iv)
A copy of the owner's or
operator's independently audited financial statements for the latest completed
fiscal year, with all notes and attachments.
(4) An owner or operator of a new facility
must submit the items specified in paragraph (f)(3) of this section to the
Director at least 60 days before the date on which hazardous waste is first
received for treatment, storage, or disposal.
(5) After the initial submission of items
specified in paragraph (f)(3) of this section, the owner or operator must send
updated information to the Director within 90 days after the close of each
succeeding fiscal year. This information must consist of all four
items specified in paragraph (f)(3) of this section.
(6) If the owner or operator no longer meets
the requirements of paragraph (f)(1) of this section, he must send notice to
the Director of intent to establish alternate financial assurance as specified
in this section. The notice must be sent by certified mail within 90 days after
the end of the fiscal year for which the year-end financial data show that the
owner or operator no longer meets the requirements. The owner or operator must
provide the alternate financial assurance within 120 days after the end of such
fiscal year.
(7) The Director may,
based on a reasonable belief that the owner or operator may no longer meet the
requirements of paragraph (f)(1) of this section, require reports of financial
condition at any time from the owner or operator in addition to those specified
in paragraph (f)(3) of this section. If the Director finds, on the basis of
such reports or other information, that the owner or operator no longer meets
the requirements of paragraph (f)(1) of this section, the owner or operator
must provide alternate financial assurance as specified in this section within
30 days after notification of such a finding.
(8) The Director may disallow use of this
test on the basis of qualifications in the opinion expressed by the independent
certified public accountant in his report on examination of the owner's or
operator's financial statements (see paragraph (f)(3)(ii) of this section). An
adverse opinion or a disclaimer of opinion will be cause for disallowance. The
Director will evaluate other qualifications on an individual basis. The owner
or operator must provide alternate financial assurance as specified in this
section within 30 days after notification of the disallowance.
(9) The owner or operator is no longer
required to submit the items specified in paragraph (f)(3) of this section
when:
(i) An owner or operator substitutes
alternate financial assurance as specified in this section; or
(ii) The Director releases the owner or
operator from the requirements of this section in accordance with §
264.143(i).
(10) An owner
or operator may meet the requirements of this section by obtaining a written
guarantee. The guarantor must be the direct or higher-tier parent corporation
of the owner or operator, a firm whose parent corporation is also the parent
corporation of the owner or operator, or a firm with a "substantial business
relationship" with the owner or operator. The guarantor must meet the
requirements for owners or operators in paragraphs (f)(1) through (8) of this
section and must comply with the terms of the guarantee. The wording of the
guarantee must be identical to the wording specified in § 264.151(h). The
certified copy of the guarantee must accompany the items sent to the Director
as specified in paragraph (f)(3) of this section. One of these items must be
the letter from the guarantor's chief financial officer. If the guarantor's
parent corporation is also the parent corporation of the owner or operator, the
letter must describe the value received in consideration of the guarantee. If
the guarantor is a firm with a "substantial business relationship" with the
owner or operator, this letter must describe this "substantial business
relationship" and the value received in consideration of the guarantee. The
terms of the guarantee must provide that:
(i)
If the owner or operator fails to perform final closure of a facility covered
by the corporate guarantee in accordance with the closure plan and other permit
requirements whenever required to do so, the guarantor will do so or establish
a trust fund as specified in § 264.143(a) in the name of the owner or
operator.
(ii) The corporate
guarantee will remain in force unless the guarantor sends notice of
cancellation by certified mail to the owner or operator and to the Director.
Cancellation may not occur, however, during the 120 days beginning on the date
of receipt of the notice of cancellation by both the owner or operator and the
Director, as evidenced by the return receipts.
(iii) If the owner or operator fails to
provide alternate financial assurance as specified in this section and obtain
the written approval of such alternate assurance from the Director within 90
days after receipt by both the owner or operator and the Director of a notice
of cancellation of the corporate guarantee from the guarantor, the guarantor
will provide such alternative financial assurance in the name of the owner or
operator.
(g)
Use of multiple financial mechanisms. An owner or operator may satisfy the
requirements of this section by establishing more than one financial mechanism
per facility. These mechanisms are limited to trust funds, surety bonds
guaranteeing payment into a trust fund, letters of credit, and insurance. The
mechanisms must be as specified in paragraphs (a), (b), (d), and (e),
respectively, of this section, except that it is the combination of mechanisms,
rather than the single mechanism, which must provide financial assurance for an
amount at least equal to the current closure cost estimate. If an owner or
operator uses a trust fund in combination with a surety bond or a letter of
credit, he may use the trust fund as the standby trust fund for the other
mechanisms. A single standby trust fund may be established for two or more
mechanisms. The Director may use any or all of the mechanisms to provide for
closure of the facility.
(h) Use of
a financial mechanism for multiple facilities. An owner or operator may use a
financial assurance mechanism specified in this section to meet the
requirements of this section for more than one facility. Evidence of financial
assurance submitted to the Director must include a list showing, for each
facility, the EPA Identification Number, name, address, and the amount of funds
for closure assured by the mechanism. If the facilities covered by the
mechanism are in more than one Region, identical evidence of financial
assurance must be submitted to and maintained with the Regional Administrators
of all such Regions. The amount of funds available through the mechanism must
be no less than the sum of funds that would be available if a separate
mechanism had been established and maintained for each facility. In directing
funds available through the mechanism for closure of any of the facilities
covered by the mechanism, the Director may direct only the amount of funds
designated for that facility, unless the owner or operator agrees to the use of
additional funds available under the mechanism.
(i) Release of the owner or operator from the
requirements of this section. Within 60 days after receiving certifications
from the owner or operator and an independent registered professional engineer
that final closure has been completed in accordance with the approved closure
plan, the Director will notify the owner or operator in writing that he is no
longer required by this section to maintain financial assurance for final
closure of the facility, unless the Director has reason to believe that final
closure has not been in accordance with the approved closure plan. The Director
shall provide the owner or operator a detailed written statement of any such
reason to believe that closure has not been in accordance with the approved
closure plan.
§
264.144
Cost estimate for post-closure care
(a) The owner or operator of a disposal
surface impoundment, disposal miscellaneous unit, land treatment unit, or
landfill unit, or of a surface impoundment or waste pile required under
§§ 264.228 and 264.258 to prepare a contingent closure and
post-closure plan, must have a detailed written estimate, in current dollars,
of the annual cost of post-closure monitoring and maintenance of the facility
in accordance with the applicable post-closure rules in §§ 264.117
through 264.120, 264.228, 264.258, 264.280, 264.310, and 264.603.
(1) The post-closure cost estimate must be
based on the costs to the owner or operator of hiring a third party to conduct
post-closure care activities. A third party is a party who is neither a parent
nor a subsidiary of the owner or operator. (See definition of parent
corporation in § 264.141(d).)
(2) The post-closure cost estimate is
calculated by multiplying the annual post-closure cost estimate by the number
of years of post-closure care required under § 264.117.
(b) During the active life of the
facility, the owner or operator must adjust the post-closure cost estimate for
inflation within 60 days prior to the anniversary date of the establishment of
the financial instrument(s) used to comply with § 264.145. For owners or
operators using the financial test or corporate guarantee, the post-closure
cost estimate must be updated for inflation within 30 days after the close of
the firm's fiscal year and before the submission of updated information to the
Director as specified in § 264.145(f)(5). The adjustment may be made by
recalculating the post-closure cost estimate in current dollars or by using an
inflation factor derived from the most recent Implicit Price Deflator for Gross
National Product published by the U.S. Department of Commerce in its Survey of
Current Business as specified in § 264.145(b)(1) and (2). The inflation
factor is the result of dividing the latest published annual Deflator by the
Deflator for the previous year.
(1) The first
adjustment is made by multiplying the post-closure cost estimate by the
inflation factor. The result is the adjusted post-closure cost
estimate.
(2) Subsequent
adjustments are made by multiplying the latest adjusted post-closure cost
estimate by the latest inflation factor.
(c) During the active life of the facility,
the owner or operator must revise the post-closure cost estimate within 30 days
after the Director has approved the request to modify the post-closure plan, if
the change in the post-closure plan increases the cost of post-closure care.
The revised post-closure cost estimate must be adjusted for inflation as
specified in § 264.144(b).
(d)
The owner or operator must keep the following at the facility during the
operating life of the facility: The latest post-closure cost estimate prepared
in accordance with § 264.144 (a) and (c) and, when this estimate has been
adjusted in accordance with § 264.144(b), the latest adjusted post-closure
cost estimate.
§
264.145
Financial assurance for post-closure care
The owner or operator of a hazardous waste management unit subject to the requirements of § 264.144 must establish financial assurance for post-closure care in accordance with the approved post-closure plan for the facility 60 days prior to the initial receipt of hazardous waste or the effective date of the rule, whichever is later. He must choose from the following options:
(a) Post-closure
trust fund.
(1) An owner or operator may
satisfy the requirements of this section by establishing a post-closure trust
fund which conforms to the requirements of this paragraph and submitting an
originally signed duplicate of the trust agreement to the Director. An owner or
operator of a new facility must submit the originally signed duplicate of the
trust agreement to the Director at least 60 days before the date on which
hazardous waste is first received for disposal. The trustee must be an entity
which has the authority to act as a trustee and whose trust operations are
regulated and examined by a Federal or State agency.
(2) The wording of the trust agreement must
be identical to the wording specified in § 264.151(a)(1), and the trust
agreement must be accompanied by a formal certification of acknowledgment (for
example, see § 264.151(a)(2)). Schedule A of the trust agreement must be
updated within 60 days after a change in the amount of the current post-closure
cost estimate covered by the agreement.
(3) Payments into the trust fund must be made
annually by the owner or operator over the term of the initial RCRA permit or
over the remaining operating life of the facility as estimated in the closure
plan, whichever period is shorter; this period is hereafter referred to as the
"pay-in period." The payments into the post-closure trust fund must be made as
follows:
(i) For a new facility, the first
payment must be made before the initial receipt of hazardous waste for
disposal. A receipt from the trustee for this payment must be submitted by the
owner or operator to the Director before this initial receipt of hazardous
waste. The first payment must be at least equal to the current post-closure
cost estimate, except as provided in § 264.145(g), divided by the number
of years in the pay-in period. Subsequent payments must be made no later than
30 days after each anniversary date of the first payment. The amount of each
subsequent payment must be determined by this formula:
where CE is the current post-closure cost estimate, CV is the current value of the trust fund, and Y is the number of years remaining in the pay-in period.
(ii) If an
owner or operator establishes a trust fund as specified in § 265.145(a) of
this rule, and the value of that trust fund is less than the current
post-closure cost estimate when a permit is awarded for the facility, the
amount of the current post-closure cost estimate still to be paid into the fund
must be paid in over the pay-in period as defined in paragraph (a)(3) of this
section. Payments must continue to be made no later than 30 days after each
anniversary date of the first payment made pursuant to Section 265 of this
rule. The amount of each payment must be determined by this formula:
where CE is the current post-closure cost estimate, CV is the current value of the trust fund, and Y is the number of years remaining in the pay-in period.
(4)
The owner or operator may accelerate payments into the trust fund or he may
deposit the full amount of the current post-closure cost estimate at the time
the fund is established. However, he must maintain the value of the fund at no
less than the value that the fund would have if annual payments were made as
specified in paragraph (a)(3) of this section.
(5) If the owner or operator establishes a
post-closure trust fund after having used one or more alternate mechanisms
specified in this section or in § 265.145 of this rule, his first payment
must be in at least the amount that the fund would contain if the trust fund
were established initially and annual payments made according to specifications
of this paragraph and § 265.145(a) of this rule, as applicable.
(6) After the pay-in period is completed,
whenever the current post-closure cost estimate changes during the operating
life of the facility, the owner or operator must compare the new estimate with
the trustee's most recent annual valuation of the trust fund. If the value of
the fund is less than the amount of the new estimate, the owner or operator,
within 60 days after the change in the cost estimate, must either deposit an
amount into the fund so that its value after this deposit at least equals the
amount of the current post-closure cost estimate, or obtain other financial
assurance as specified in this section to cover the difference.
(7) During the operating life of the
facility, if the value of the trust fund is greater than the total amount of
the current post-closure cost estimate, the owner or operator may submit a
written request to the Director for release of the amount in excess of the
current post-closure cost estimate.
(8) If an owner or operator substitutes other
financial assurance as specified in this section for all or part of the trust
fund, he may submit a written request to the Director for release of the amount
in excess of the current post-closure cost estimate covered by the trust
fund.
(9) Within 60 days after
receiving a request from the owner or operator for release of funds as
specified in paragraph (a) (7) or (8) of this section, the Director will
instruct the trustee to release to the owner or operator such funds as the
Director specifies in writing.
(10)
During the period of post-closure care, the Director may approve a release of
funds if the owner or operator demonstrates to the Director that the value of
the trust fund exceeds the remaining cost of post-closure care.
(11) An owner or operator or any other person
authorized to conduct post-closure care may request reimbursements for
post-closure care expenditures by submitting itemized bills to the Director.
Within 60 days after receiving bills for post-closure care activities, the
Director will instruct the trustee to make reimbursements in those amounts as
the Director specifies in writing, if the Director determines that the
post-closure care expenditures are in accordance with the approved post-closure
plan or otherwise justified. If the Director does not instruct the trustee to
make such reimbursements, he will provide the owner or operator with a detailed
written statement of reasons.
(12)
The Director will agree to termination of the trust when:
(i) An owner or operator substitutes
alternate financial assurance as specified in this section; or
(ii) The Director releases the owner or
operator from the requirements of this section in accordance with §
264.145(i).
(b)
Surety bond guaranteeing payment into a post-closure trust fund.
(1) An owner or operator may satisfy the
requirements of this section by obtaining a surety bond which conforms to the
requirements of this paragraph and submitting the bond to the Director. An
owner or operator of a new facility must submit the bond to the Director at
least 60 days before the date on which hazardous waste is first received for
disposal. The bond must be effective before this initial receipt of hazardous
waste. The surety company issuing the bond must, at a minimum, be among those
listed as acceptable sureties on Federal bonds in Circular 570 of the U.S.
Department of the Treasury.
(2) The
wording of the surety bond must be identical to the wording specified in §
264.151(b).
(3) The owner or
operator who uses a surety bond to satisfy the requirements of this section
must also establish a standby trust fund. Under the terms of the bond, all
payments made thereunder will be deposited by the surety directly into the
standby trust fund in accordance with instructions from the Director. This
standby trust fund must meet the requirements specified in § 264.145(a),
except that:
(i) An originally signed
duplicate of the trust agreement must be submitted to the Director with the
surety bond; and
(ii) Until the
standby trust fund is funded pursuant to the requirements of this section, the
following are not required by these rules:
(A)
Payments into the trust fund as specified in § 264.145(a);
(B) Updating of Schedule A of the trust
agreement (see § 264.151(a)) to show current post-closure cost
estimates;
(C) Annual valuations as
required by the trust agreement; and
(D) Notices of nonpayment as required by the
trust agreement.
(4) The bond must guarantee that the owner or
operator will:
(i) Fund the standby trust fund
in an amount equal to the penal sum of the bond before the beginning of final
closure of the facility; or
(ii)
Fund the standby trust fund in an amount equal to the penal sum within 15 days
after an administrative order to begin final closure issued by the Director
becomes final, or within 15 days after an order to begin final closure is
issued by a U.S. district court or other court of competent jurisdiction;
or
(iii) Provide alternate
financial assurance as specified in this section, and obtain the Director's
written approval of the assurance provided, within 90 days after receipt by
both the owner or operator and the Director of a notice of cancellation of the
bond from the surety.
(5)
Under the terms of the bond, the surety will become liable on the bond
obligation when the owner or operator fails to perform as guaranteed by the
bond.
(6) The penal sum of the bond
must be in an amount at least equal to the current post-closure cost estimate,
except as provided in § 264.145(g).
(7) Whenever the current post-closure cost
estimate increases to an amount greater than the penal sum, the owner or
operator, within 60 days after the increase, must either cause the penal sum to
be increased to an amount at least equal to the current post-closure cost
estimate and submit evidence of such increase to the Director, or obtain other
financial assurance as specified in this section to cover the increase.
Whenever the current post-closure cost estimate decreases, the penal sum may be
reduced to the amount of the current post-closure cost estimate following
written approval by the Director.
(8) Under the terms of the bond, the surety
may cancel the bond by sending notice of cancellation by certified mail to the
owner or operator and to the Director. Cancellation may not occur, however,
during the 120 days beginning on the date of receipt of the notice of
cancellation by both the owner or operator and the Director, as evidenced by
the return receipts.
(9) The owner
or operator may cancel the bond if the Director has given prior written consent
based on his receipt of evidence of alternate financial assurance as specified
in this section.
(c)
Surety bond guaranteeing performance of post-closure care.
(1) An owner or operator may satisfy the
requirements of this section by obtaining a surety bond which conforms to the
requirements of this paragraph and submitting the bond to the Director. An
owner or operator of a new facility must submit the bond to the Director at
least 60 days before the date on which hazardous waste is first received for
disposal. The bond must be effective before this initial receipt of hazardous
waste. The surety company issuing the bond must, at a minimum, be among those
listed as acceptable sureties on Federal bonds in Circular 570 of the U.S.
Department of the Treasury.
(2) The
wording of the surety bond must be identical to the wording specified in §
264.151(c).
(3) The owner or
operator who uses a surety bond to satisfy the requirements of this section
must also establish a standby trust fund. Under the terms of the bond, all
payments made thereunder will be deposited by the surety directly into the
standby trust fund in accordance with instructions from the Director. This
standby trust fund must meet the requirements specified in § 264.145(a),
except that:
(i) An originally signed
duplicate of the trust agreement must be submitted to the Director with the
surety bond; and
(ii) Unless the
standby trust fund is funded pursuant to the requirements of this section, the
following are not required by these rules:
(A)
Payments into the trust fund as specified in § 264.145(a);
(B) Updating of Schedule A of the trust
agreement (see § 264.151(a)) to show current post-closure cost
estimates;
(C) Annual valuations as
required by the trust agreement; and
(D) Notices of nonpayment as required by the
trust agreement.
(4) The bond must guarantee that the owner or
operator will:
(i) Perform post-closure care
in accordance with the post-closure plan and other requirements of the permit
for the facility; or
(ii) Provide
alternate financial assurance as specified in this section, and obtain the
Director's written approval of the assurance provided, within 90 days of
receipt by both the owner or operator and the Director of a notice of
cancellation of the bond from the surety.
(5) Under the terms of the bond, the surety
will become liable on the bond obligation when the owner or operator fails to
perform as guaranteed by the bond. Following a final administrative
determination pursuant to section 3008 of RCRA that the owner or operator has
failed to perform post-closure care in accordance with the approved
post-closure plan and other permit requirements, under the terms of the bond
the surety will perform post-closure care in accordance with the post-closure
plan and other permit requirements or will deposit the amount of the penal sum
into the standby trust fund.
(6)
The penal sum of the bond must be in an amount at least equal to the current
post-closure cost estimate.
(7)
Whenever the current post-closure cost estimate increases to an amount greater
than the penal sum during the operating life of the facility, the owner or
operator, within 60 days after the increase, must either cause the penal sum to
be increased to an amount at least equal to the current post-closure cost
estimate and submit evidence of such increase to the Director, or obtain other
financial assurance as specified in this section. Whenever the current
post-closure cost estimate decreases during the operating life of the facility,
the penal sum may be reduced to the amount of the current post-closure cost
estimate following written approval by the Director.
(8) During the period of post-closure care,
the Director may approve a decrease in the penal sum if the owner or operator
demonstrates to the Director that the amount exceeds the remaining cost of
post-closure care.
(9) Under the
terms of the bond, the surety may cancel the bond by sending notice of
cancellation by certified mail to the owner or operator and to the Director.
Cancellation may not occur, however, during the 120 days beginning on the date
of receipt of the notice of cancellation by both the owner or operator and the
Director, as evidenced by the return receipts.
(10) The owner or operator may cancel the
bond if the Director has given prior written consent. The Director will provide
such written consent when:
(i) An owner or
operator substitutes alternate financial assurance as specified in this
section; or
(ii) The Director
releases the owner or operator from the requirements of this section in
accordance with § 264.145(i).
(11) The surety will not be liable for
deficiencies in the performance of post-closure care by the owner or operator
after the Director releases the owner or operator from the requirements of this
section in accordance with § 264.145(i).
(d) Post-closure letter of credit.
(1) An owner or operator may satisfy the
requirements of this section by obtaining an irrevocable standby letter of
credit which conforms to the requirements of this paragraph and submitting the
letter to the Director. An owner or operator of a new facility must submit the
letter of credit to the Director at least 60 days before the date on which
hazardous waste is first received for disposal. The letter of credit must be
effective before this initial receipt of hazardous waste. The issuing
institution must be an entity which has the authority to issue letters of
credit and whose letter-of-credit operations are regulated and examined by a
Federal or State agency.
(2) The
wording of the letter of credit must be identical to the wording specified in
§ 264.151(d).
(3) An owner or
operator who uses a letter of credit to satisfy the requirements of this
section must also establish a standby trust fund. Under the terms of the letter
of credit, all amounts paid pursuant to a draft by the Director will be
deposited by the issuing institution directly into the standby trust fund in
accordance with instructions from the Director. This standby trust fund must
meet the requirements of the trust fund specified in § 264.145(a), except
that:
(i) An originally signed duplicate of
the trust agreement must be submitted to the Director with the letter of
credit; and
(ii) Unless the standby
trust fund is funded pursuant to the requirements of this section, the
following are not required by these rules:
(A)
Payments into the trust fund as specified in § 264.145(a);
(B) Updating of Schedule A of the trust
agreement (see § 264.151(a)) to show current post-closure cost
estimates;
(C) Annual valuations as
required by the trust agreement; and
(D) Notices of nonpayment as required by the
trust agreement.
(4) The letter of credit must be accompanied
by a letter from the owner or operator referring to the letter of credit by
number, issuing institution, and date, and providing the following information:
the EPA Identification Number, name, and address of the facility, and the
amount of funds assured for post-closure care of the facility by the letter of
credit.
(5) The letter of credit
must be irrevocable and issued for a period of at least 1 year. The letter of
credit must provide that the expiration date will be automatically extended for
a period of at least 1 year unless, at least 120 days before the current
expiration date, the issuing institution notifies both the owner or operator
and the Director by certified mail of a decision not to extend the expiration
date. Under the terms of the letter of credit, the 120 days will begin on the
date when both the owner or operator and the Director have received the notice,
as evidenced by the return receipts.
(6) The letter of credit must be issued in a
amount at least equal to the current post-closure cost estimate, except as
provided in § 264.145(g).
(7)
Whenever the current post-closure cost estimate increases to an amount greater
than the amount of the credit during the operating life of the facility, the
owner or operator, within 60 days after the increase, must either cause the
amount of the credit to be increased so that it at least equals the current
post-closure cost estimate and submit evidence of such increase to the
Director, or obtain other financial assurance as specified in this section to
cover the increase. Whenever the current post-closure cost estimate decreases
during the operating life of the facility, the amount of the credit may be
reduced to the amount of the current post-closure cost estimate following
written approval by the Director.
(8) During the period of post-closure care,
the Director may approve a decrease in the amount of the letter of credit if
the owner or operator demonstrates to the Director that the amount exceeds the
remaining cost of post-closure care.
(9) Following a final administrative
determination pursuant to section 3008 of RCRA that the owner or operator has
failed to perform post-closure care in accordance with the approved
post-closure plan and other permit requirements, the Director may draw on the
letter of credit.
(10) If the owner
or operator does not establish alternate financial assurance as specified in
this section and obtain written approval of such alternate assurance from the
Director within 90 days after receipt by both the owner or operator and the
Director of a notice from the issuing institution that it has decided not to
extend the letter of credit beyond the current expiration date, the Director
will draw on the letter of credit. The Director may delay the drawing if the
issuing institution grants an extension of the term of the credit. During the
last 30 days of any such extension the Director will draw on the letter of
credit if the owner or operator has failed to provide alternate financial
assurance as specified in this section and obtain written approval of such
assurance from the Director.
(11)
The Director will return the letter of credit to the issuing institution for
termination when:
(i) An owner or operator
substitutes alternate financial assurance as specified in this section;
or
(ii) The Director releases the
owner or operator from the requirements of this section in accordance with
§ 264.145(i).
(e) Post-closure insurance.
(1) An owner or operator may satisfy the
requirements of this section by obtaining post-closure insurance which conforms
to the requirements of this paragraph and submitting a certificate of such
insurance and a copy of the insurance policy to the Director.
An owner or operator of a new facility must submit the certificate of insurance
to the Director at least 60 days before the date on which hazardous waste is
first received for disposal. The insurance must be effective before this
initial receipt of hazardous waste. At a minimum, the insurer must be 1)
licensed to transact the business of insurance, or eligible to provide
insurance as an excess or surplus lines insurer as recognized by the
Arkansas Insurance Department; and 2) have a current rating of AAA, AA, or A as
rated by Standard & Poor's; Aaa, Aa, or A if rated by Moody's, or A++, A+,
A, or A- if rated by A.M. Best. Captive insurance shall not be used to provide
financial assurance under the requirements of this
Rule.
(2)
The wording of the certificate of insurance must be identical to the wording
specified in § 264.151(e).
(3)
The post-closure insurance policy must be issued for a face amount at least
equal to the current post-closure cost estimate, except as provided in §
264.145(g). The term "face amount" means the total amount the insurer is
obligated to pay under the policy. Actual payments by the insurer will not
change the face amount, although the insurer's future liability will be lowered
by the amount of the payments.
(4)
The post-closure insurance policy must guarantee that funds will be available
to provide post-closure care of the facility whenever the post-closure period
begins. The policy must also guarantee that once post-closure care begins, the
insurer will be responsible for paying out funds, up to an amount equal to the
face amount of the policy, upon the direction of the Director, to such party or
parties as the Director specifies.
(5) An owner or operator or any other person
authorized to conduct post-closure care may request reimbursements for
post-closure care expenditures by submitting itemized bills to the Director.
Within 60 days after receiving bills for post-closure care activities, the
Director will instruct the insurer to make reimbursements in those amounts as
the Director specifies in writing, if the Director determines that the
post-closure care expenditures are in accordance with the approved post-closure
plan or otherwise justified. If the Director does not instruct the insurer to
make such reimbursements, he will provide the owner or operator with a detailed
written statement of reasons.
(6)
The owner or operator must maintain the policy in full force and effect until
the Director consents to termination of the policy by the owner or operator as
specified in paragraph (e)(11) of this section. Failure to pay the premium,
without substitution of alternate financial assurance as specified in this
section, will constitute a significant violation of these rules, warranting
such remedy as the Director deems necessary. Such violation will be deemed to
begin upon receipt by the Director of a notice of future cancellation,
termination, or failure to renew due to nonpayment of the premium, rather than
upon the date of expiration.
(7)
Each policy must contain a provision allowing assignment of the policy to a
successor owner or operator. Such assignment may be conditional upon consent of
the insurer, provided such consent is not unreasonably refused.
(8) The policy must provide that the insurer
may not cancel, terminate, or fail to renew the policy except for failure to
pay the premium. The automatic renewal of the policy must, at a minimum,
provide the insured with the option of renewal at the face amount of the
expiring policy. If there is a failure to pay the premium, the insurer may
elect to cancel, terminate, or fail to renew the policy by sending notice by
certified mail to the owner or operator and the Director. Cancellation,
termination, or failure to renew may not occur, however, during the 120 days
beginning with the date of receipt of the notice by both the Director and the
owner or operator, as evidenced by the return receipts. Cancellation,
termination, or failure to renew may not occur and the policy will remain in
full force and effect in the event that on or before the date of expiration:
(i) The Director deems the facility
abandoned; or
(ii) The permit is
terminated or revoked or a new permit is denied; or
(iii) Closure is ordered by the Director or a
U.S. district court or other court of competent jurisdiction; or
(iv) The owner or operator is named as debtor
in a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S.
Code; or
(v) The premium due is
paid.
(9) Whenever the
current post-closure cost estimate increases to an amount greater than the face
amount of the policy during the operating life of the facility, the owner or
operator, within 60 days after the increase, must either cause the face amount
to be increased to an amount at least equal to the current post-closure cost
estimate and submit evidence of such increase to the Director, or obtain other
financial assurance as specified in this section to cover the increase.
Whenever the current post-closure cost estimate decreases during the operating
life of the facility, the face amount may be reduced to the amount of the
current post-closure cost estimate following written approval by the
Director.
(10) Commencing on the
date that liability to make payments pursuant to the policy accrues, the
insurer will thereafter annually increase the face amount of the policy. Such
increase must be equivalent to the face amount of the policy, less any payments
made, multiplied by an amount equivalent to 85 percent of the most recent
investment rate or of the equivalent coupon-issue yield announced by the U.S.
Treasury for 26-week Treasury securities.
(11) The Director will give written consent
to the owner or operator that he may terminate the insurance policy when:
(i) An owner or operator substitutes
alternate financial assurance as specified in this section; or
(ii) The Director releases the owner or
operator from the requirements of this section in accordance with §
264.145(i).
(f)
Financial test and corporate guarantee for post-closure care.
(1) An owner or operator may satisfy the
requirements of this section by demonstrating that he passes a financial test
as specified in this paragraph. To pass this test the owner or operator must
meet the criteria of either paragraph (f)(1)(i) or (ii) of this section:
(i) The owner or operator must have:
(A) Two of the following three ratios: a
ratio of total liabilities to net worth less than 2.0; a ratio of the sum of
net income plus depreciation, depletion, and amortization to total liabilities
greater than 0.1; and a ratio of current assets to current liabilities greater
than 1.5; and
(B) Net working
capital and tangible net worth each at least six times the sum of the current
closure and post-closure cost estimates and the current plugging and
abandonment cost estimates; and
(C)
Tangible net worth of at least $10 million; and
(D) Assets in the United States amounting to
at least 90 percent of his total assets or at least six times the sum of the
current closure and post-closure cost estimates and the current plugging and
abandonment cost estimates.
(ii) The owner or operator must have:
(A) A current rating for his most recent bond
issuance of AAA, AA, A, or BBB as issued by Standard and Poor's or Aaa, Aa, A
or Baa as issued by Moody's; and
(B) Tangible net worth at least six times the
sum of the current closure and post-closure cost estimates and the current
plugging and abandonment cost estimates; and
(C) Tangible net worth of at least $10
million; and
(D) Assets located in
the United States amounting to at least 90 percent of his total assets or at
least six times the sum of the current closure and post-closure cost estimates
and the current plugging and abandonment cost estimates.
(2) The phrase "current closure
and post-closure cost estimates" as used in paragraph (f)(1) of this section
refers to the cost estimates required to be shown in paragraphs 1-4 of the
letter from the owner's or operator's chief financial officer (§
264.151(f)). The phrase "current plugging and abandonment cost estimates" as
used in paragraph (f)(1) of this section refers to the cost estimates required
to be shown in paragraphs 1-4 of the letter from the owner's or operator's
chief financial officer (40 CFR
144.70(f)).
(3) To demonstrate that he meets this test,
the owner or operator must submit the following items to the Director:
(i) A letter signed by the owner's or
operator's chief financial officer and worded as specified in §
264.151(f); and
(ii) A copy of the
independent certified public accountant's report on examination of the owner's
or operator's financial statements for the latest completed fiscal year;
and
(iii) A special report from the
owner's or operator's independent certified public accountant to the owner or
operator stating that:
(A) He has compared the
data which the letter from the chief financial officer specifies as having been
derived from the independently audited, year-end financial statements for the
latest fiscal year with the amounts in such financial statements; and
(B) In connection with that procedure, no
matters came to his attention which caused him to believe that the specified
data should be adjusted; and
(iv)
A copy of the owner's or
operator's independently audited financial statements for the latest completed
fiscal year, with all notes and attachments.
(4) An owner or operator of a new facility
must submit the items specified in paragraph (f)(3) of this section to the
Director at least 60 days before the date on which hazardous waste is first
received for disposal.
(5) After
the initial submission of items specified in paragraph (f)(3) of this section,
the owner or operator must send updated information to the Director within 90
days after the close of each succeeding fiscal year. This information must
consist of all four items specified in paragraph (f)(3) of
this section.
(6) If the owner or
operator no longer meets the requirements of paragraph (f)(1) of this section,
he must send notice to the Director of intent to establish alternate financial
assurance as specified in this section. The notice must be sent by certified
mail within 90 days after the end of the fiscal year for which the year-end
financial data show that the owner or operator no longer meets the
requirements. The owner or operator must provide the alternate financial
assurance within 120 days after the end of such fiscal year.
(7) The Director may, based on a reasonable
belief that the owner or operator may no longer meet the requirements of
paragraph (f)(1) of this section, require reports of financial condition at any
time from the owner or operator in addition to those specified in paragraph
(f)(3) of this section. If the Director finds, on the basis of such reports or
other information, that the owner or operator no longer meets the requirements
of paragraph (f)(1) of this section, the owner or operator must provide
alternate financial assurance as specified in this section within 30 days after
notification of such a finding.
(8)
The Director may disallow use of this test on the basis of qualifications in
the opinion expressed by the independent certified public accountant in his
report on examination of the owner's or operator's financial statements (see
paragraph (f)(3)(ii) of this section). An adverse opinion or a disclaimer of
opinion will be cause for disallowance. The Director will evaluate other
qualifications on an individual basis. The owner or operator must provide
alternate financial assurance as specified in this section within 30 days after
notification of the disallowance.
(9) During the period of post-closure care,
the Director may approve a decrease in the current post-closure cost estimate
for which this test demonstrates financial assurance if the owner or operator
demonstrates to the Director that the amount of the cost estimate exceeds the
remaining cost of post-closure care.
(10) The owner or operator is no longer
required to submit the items specified in paragraph (f)(3) of this section
when:
(i) An owner or operator substitutes
alternate financial assurance as specified in this section; or
(ii) The Director releases the owner or
operator from the requirements of this section in accordance with §
264.145(i).
(11) An owner
or operator may meet the requirements for this section by obtaining a written
guarantee. The guarantor must be the direct of higher-tier parent corporation
of the owner or operator, a firm whose parent corporation is also the parent
corporation of the owner or operator, or a firm with a "substantial business
relationship" with the owner or operator. The guarantor must meet the
requirements for owners or operators in paragraphs (f)(1) through (9) of this
section and must comply with the terms of the guarantee. The wording of the
guarantee must be identical to the wording specified in § 264.151(h). A
certified copy of the guarantee must accompany the items sent to the Director
as specified in paragraph (f)(3) of this section. One of these items must be
the letter from the guarantor's chief financial officer. If the guarantor's
parent corporation is also the parent corporation of the owner or operator, the
letter must describe the value received in consideration of the guarantee. If
the guarantor is a firm with a "substantial business relationship" with the
owner or operator, this letter must describe this "substantial business
relationship" and the value received in consideration of the guarantee. The
terms of the guarantee must provide that:
(i)
If the owner or operator fails to perform post-closure care of a facility
covered by the corporate guarantee in accordance with the post-closure plan and
other permit requirements whenever required to do so, the guarantor will do so
or establish a trust fund as specified in § 264.145(a) in the name of the
owner or operator.
(ii) The
corporate guarantee will remain in force unless the guarantor sends notice of
cancellation by certified mail to the owner or operator and to the Director.
Cancellation may not occur, however, during the 120 days beginning on the date
of receipt of the notice of cancellation by both the owner or operator and the
Director, as evidenced by the return receipts.
(iii) If the owner or operator fails to
provide alternate financial assurance as specified in this section and obtain
the written approval of such alternate assurance from the Director within 90
days after receipt by both the owner or operator and the Director of a notice
of cancellation of the corporate guarantee from the guarantor, the guarantor
will provide such alternate financial assurance in the name of the owner or
operator.
(g)
Use of multiple financial mechanisms. An owner or operator may satisfy the
requirements of this section by establishing more than one financial mechanism
per facility. These mechanisms are limited to trust funds, surety bonds
guaranteeing payment into a trust fund, letters of credit, and insurance. The
mechanisms must be as specified in paragraphs (a), (b), (d), and (e),
respectively, of this section, except that it is the combination of mechanisms,
rather than the single mechanism, which must provide financial assurance for an
amount at least equal to the current post-closure cost estimate. If an owner or
operator uses a trust fund in combination with a surety bond or a letter of
credit, he may use the trust fund as the standby trust fund for the other
mechanisms. A single standby trust fund may be established for two or more
mechanisms. The Director may use any or all of the mechanisms to provide for
post-closure care of the facility.
(h) Use of a financial mechanism for multiple
facilities. An owner or operator may use a financial assurance mechanism
specified in this section to meet the requirements of this section for more
than one facility. Evidence of financial assurance submitted to the Director
must include a list showing, for each facility, the EPA Identification Number,
name, address, and the amount of funds for post-closure care assured by the
mechanism. If the facilities covered by the mechanism are in more than one EPA
Region, identical evidence of financial assurance must be submitted to and
maintained with the Regional Administrators of each affected Region. The amount
of funds available through the mechanism must be no less than the sum of funds
that would be available if a separate mechanism had been established and
maintained for each facility. In directing funds available through the
mechanism for post-closure care of any of the facilities covered by the
mechanism, the Director may direct only the amount of funds designated for that
facility, unless the owner or operator agrees to the use of additional funds
available under the mechanism.
(i)
Release of the owner or operator from the requirements of this section. Within
60 days after receiving certifications from the owner or operator and an
independent registered professional engineer that the post-closure care period
has been completed for a hazardous waste disposal unit in accordance with the
approved plan, the Director will notify the owner or operator that he is no
longer required to maintain financial assurance for post-closure care of that
unit, unless the Director has reason to believe that post-closure care has not
been in accordance with the approved post-closure plan. The Director shall
provide the owner or operator with a detailed written statement of any such
reason to believe that post-closure care has not been in accordance with the
approved post-closure plan.
§
264.146
Use of a mechanism for financial assurance of both
closure and post-closure care
An owner or operator may satisfy the requirements for financial assurance for both closure and post-closure care for one or more facilities by using a trust fund, surety bond, letter of credit, insurance, financial test, or corporate guarantee that meets the specifications for the mechanism in both §§ 264.143 and 264.145. The amount of funds available through the mechanism must be no less than the sum of funds that would be available if a separate mechanism had been established and maintained for financial assurance of closure and of post-closure care.
§ 264.147
Liability
requirements
(a) Coverage for sudden
accidental occurrences. An owner or operator of a hazardous waste treatment,
storage, or disposal facility, or a group of such facilities, must demonstrate
financial responsibility for bodily injury and property damage to third parties
caused by sudden accidental occurrences arising from operations of the facility
or group of facilities. The owner or operator must have and maintain liability
coverage for sudden accidental occurrences in the amount of at least $1 million
per occurrence with an annual aggregate of at least $2 million, exclusive of
legal defense costs. This liability coverage may be demonstrated as specified
in paragraphs (a) (1), (2), (3), (4), (5), or (6) of this section:
(1) An owner or operator may demonstrate the
required liability coverage by having liability insurance as specified in this
paragraph.
(i) Each insurance policy must be
amended by attachment of the Hazardous Waste Facility Liability Endorsement or
evidenced by a Certificate of Liability Insurance. The wording of the
endorsement must be identical to the wording specified in § 264.151(i).
The wording of the certificate of insurance must be identical to the wording
specified in § 264.151(j). The owner or operator must submit a signed
duplicate original of the endorsement or the certificate of insurance to the
Director, or Directors if the facilities are located in more than one state.
The owner or operator must provide a signed duplicate original of the insurance
policy. An owner or operator of a new facility must submit the signed duplicate
original of the Hazardous Waste Facility Liability Endorsement or the
Certificate of Liability Insurance to the Director at least 60 days before the
date on which hazardous waste is first received for treatment, storage, or
disposal. The insurance must be effective before this initial receipt of
hazardous waste.
(ii) Each
insurance policy must be issued by an insurer which, at a minimum, is licensed
to transact the business of insurance, or eligible to provide insurance as an
excess or surplus lines insurer as recognized by the Arkansas Insurance
Department; and must have a current rating of AAA, AA, or A as rated by
Standard & Poor's; Aaa, Aa, or A if rated by Moody's, or A++, A+, A, or A-
if rated by A.M. Best. Captive insurance shall not be used to provide financial
assurance under the requirements of this Rule.
(2) An owner or operator may meet the
requirements of this section by passing a financial test or using the guarantee
for liability coverage as specified in paragraphs (f) and (g) of this
section.
(3) An owner or operator
may meet the requirements of this section by obtaining a letter of credit for
liability coverage as specified in paragraph (h) of this section.
(4) An owner or operator may meet the
requirements of this section by obtaining a surety bond for liability coverage
as specified in paragraph (i) of this section.
(5) An owner or operator may meet the
requirements of this section by obtaining a trust fund for liability coverage
as specified in paragraph (j) of this section.
(6) An owner or operator may demonstrate the
required liability coverage through the use of combinations of insurance,
financial test, guarantee, letter of credit, surety bond, and trust fund,
except that the owner or operator may not combine a financial test covering
part of the liability coverage requirement with a guarantee unless the
financial statement of the owner or operator is not consolidated with the
financial statement of the guarantor. The amounts of coverage demonstrated must
total at least the minimum amounts required by this section. If the owner or
operator demonstrates the required coverage through the use of a combination of
financial assurances under this paragraph, the owner or operator shall specify
at least one such assurance as "primary" coverage and shall specify other
assurance as "excess" coverage.
(7)
An owner or operator shall notify the Director in writing within 30 days
whenever:
(i) A claim results in a reduction
in the amount of financial assurance for liability coverage provided by a
financial instrument authorized in paragraphs (a)(1) through (a)(6) of this
section; or
(ii) A Certification of
Valid Claim for bodily injury or property damages caused by a sudden or
non-sudden accidental occurrence arising from the operation of a hazardous
waste treatment, storage, or disposal facility is entered between the owner or
operator and third-party claimant for liability coverage under paragraphs
(a)(1) through (a)(6) of this section; or
(iii) A final court order establishing a
judgment for bodily injury or property damage caused by a sudden or non-sudden
accidental occurrence arising from the operation of a hazardous waste
treatment, storage, or disposal facility is issued against the owner or
operator or an instrument that is providing financial assurance for liability
coverage under paragraphs (a)(1) through (a)(6) of this section.
(b) Coverage for
nonsudden accidental occurrences. An owner or operator of a surface
impoundment, landfill, land treatment facility, disposal miscellaneous unit
that is used to manage hazardous waste, or a group of such facilities, must
demonstrate financial responsibility for bodily injury and property damage to
third parties caused by nonsudden accidental occurrences arising from
operations of the facility or group of facilities. The owner or operator must
have and maintain liability coverage for nonsudden accidental occurrences in
the amount of at least $3 million per occurrence with an annual aggregate of at
least $6 million, exclusive of legal defense costs. An owner or operator who
must meet the requirements of this section may combine the required
per-occurrence coverage levels for sudden and nonsudden accidental occurrences
into a single per-occurrence level, and combine the required annual aggregate
coverage levels for sudden and non-sudden accidental occurrences into a single
annual aggregate level. Owners or operators who combine coverage levels for
sudden and non-sudden accidental occurrences must maintain liability coverage
in the amount of at least $4 million per occurrence and $8 million annual
aggregate. This liability coverage may be demonstrated as specified in
paragraphs (b) (1), (2), (3), (4), (5), or (6), of this section:
(1) An owner or operator may demonstrate the
required liability coverage by having liability insurance as specified in this
paragraph.
(i) Each insurance policy must be
amended by attachment of the Hazardous Waste Facility Liability Endorsement or
evidenced by a Certificate of Liability Insurance. The wording of the
endorsement must be identical to the wording specified in § 264.151(i).
The wording of the certificate of insurance must be identical to the wording
specified in § 264.151(j). The owner or operator must submit a signed
duplicate original of the endorsement or the certificate of insurance to the
Director, or Directors if the facilities are located in more than one state.
The owner or operator must provide a signed duplicate original of the insurance
policy. An owner or operator of a new facility must submit the signed duplicate
original of the Hazardous Waste Facility Liability Endorsement or the
Certificate of Liability Insurance to the Director at least 60 days before the
date on which hazardous waste is first received for treatment, storage, or
disposal. The insurance must be effective before this initial receipt of
hazardous waste.
(ii) Each
insurance policy must be issued by an insurer which, at a minimum, is licensed
to transact the business of insurance, or eligible to provide insurance as an
excess or surplus lines insurer as recognized by the Arkansas Insurance
Department; and must have a current rating of AAA, AA, or A as rated by
Standard & Poor's; Aaa, Aa, or A if rated by Moody's, or A++, A+, A, or A-
if rated by A.M. Best. Captive insurance shall not be used to provide financial
assurance under the requirements of this Rule.
(2) An owner or operator may meet the
requirements of this section by passing a financial test or using the guarantee
for liability coverage as specified in paragraphs (f) and (g) of this
section.
(3) An owner or operator
may meet the requirements of this section by obtaining a letter of credit for
liability coverage as specified in paragraph (h) of this section.
(4) An owner or operator may meet the
requirements of this section by obtaining a surety bond for liability coverage
as specified in paragraph (i) of this section.
(5) An owner or operator may meet the
requirements of this section by obtaining a trust fund for liability coverage
as specified in paragraph (j) of this section.
(6) An owner or operator may demonstrate the
required liability coverage through the use of combinations of insurance,
financial test, guarantee, letter of credit, surety bond, and trust fund,
except that the owner or operator may not combine a financial test covering
part of the liability coverage requirement with a guarantee unless the
financial statement of the owner or operator is not consolidated with the
financial statement of the guarantor. The amounts of coverage demonstrated must
total at least the minimum amount required by this section. If the owner or
operator demonstrates the required coverage through the use of a combination of
financial assurances under this paragraph, the owner or operator shall specify
at least one such assurance as "primary" coverage and shall specify other
assurance as "excess" coverage.
(7)
An owner or operator shall notify the Director in writing within 30 days
whenever:
(i) A Claim results in a reduction
in the amount of financial assurance for liability coverage provided by a
financial instrument authorized in paragraphs (b)(1) through (b)(6) of this
section; or
(ii) A Certification of
Valid Claim for bodily injury or property damages caused by a sudden or
non-sudden accidental occurrence arising from the operation of a hazardous
waste treatment, storage, or disposal facility is entered between the owner or
operator and third-party claimant for liability coverage under paragraphs
(b)(1) through (b)(6) of this section; or
(iii) A final court order establishing a
judgment for bodily injury or property damage caused by a sudden or non-sudden
accidental occurrence arising from the operation of a hazardous waste
treatment, storage, or disposal facility is issued against the owner or
operator or an instrument that is providing financial assurance for liability
coverage under paragraphs (b)(1) through (b)(6) of this section.
(c) Request for
variance. If an owner or operator can demonstrate to the satisfaction of the
Director that the levels of financial responsibility required by paragraph (a)
or (b) of this section are not consistent with the degree and duration of risk
associated with treatment, storage, or disposal at the facility or group of
facilities, the owner or operator may obtain a variance from the Director. The
request for a variance must be submitted to the Director as part of the
application under § 270.14 of this rule for a facility that does not have
a permit, or pursuant to the procedures for permit modification under
40
CFR 124.5 for a facility that has a permit.
If granted, the variance will take the form of an adjusted level of required
liability coverage, such level to be based on the Director's assessment of the
degree and duration of risk associated with the ownership or operation of the
facility or group of facilities. The Director may require an owner or operator
who requests a variance to provide such technical and engineering information
as is deemed necessary by the Director to determine a level of financial
responsibility other than that required by paragraph (a) or (b) of this
section. Any request for a variance for a permitted facility will be treated as
a request for a permit modification under §§ 270.41(a)(5) and 124.5
of this rule.
(d) Adjustments by
the Director. If the Director determines that the levels of financial
responsibility required by paragraph (a) or (b) of this section are not
consistent with the degree and duration of risk associated with treatment,
storage, or disposal at the facility or group of facilities, the Director may
adjust the level of financial responsibility required under paragraph (a) or
(b) of this section as may be necessary to protect human health and the
environment. This adjusted level will be based on the Director's assessment of
the degree and duration of risk associated with the ownership or operation of
the facility or group of facilities. In addition, if the Director determines
that there is a significant risk to human health and the environment from
nonsudden accidental occurrences resulting from the operations of a facility
that is not a surface impoundment, landfill, or land treatment facility, he may
require that an owner or operator of the facility comply with paragraph (b) of
this section. An owner or operator must furnish to the Director, within a
reasonable time, any information which the Director requests to determine
whether cause exists for such adjustments of level or type of coverage. Any
adjustment of the level or type of coverage for a facility that has a permit
will be treated as a permit modification under §§ 270.41(a)(5) and
124.5 of this rule.
(e) Period of
coverage. Within 60 days after receiving certifications from the owner or
operator and an independent registered professional engineer that final closure
has been completed in accordance with the approved closure plan, the Director
will notify the owner or operator in writing that he is no longer required by
this section to maintain liability coverage for that facility, unless the
Director has reason to believe that closure has not been in accordance with the
approved closure plan.
(f)
Financial test for liability coverage.
(1) An
owner or operator may satisfy the requirements of this section by demonstrating
that he passes a financial test as specified in this paragraph. To pass this
test the owner or operator must meet the criteria of paragraph (f)(1)(i) or
(ii):
(i) The owner or operator must have:
(A) Net working capital and tangible net
worth each at least six times the amount of liability coverage to be
demonstrated by this test; and
(B)
Tangible net worth of at least $10 million; and
(C) Assets in the United States amounting to
either:
(1) At least 90 percent of his total
assets; or
(2) at least six times
the amount of liability coverage to be demonstrated by this test.
(ii) The owner or
operator must have:
(A) A current rating for
his most recent bond issuance of AAA, AA, A, or BBB as issued by Standard and
Poor's, or Aaa, Aa, A, or Baa as issued by Moody's; and
(B) Tangible net worth of at least $10
million; and
(C) Tangible net worth
at least six times the amount of liability coverage to be demonstrated by this
test; and
(D) Assets in the United
States amounting to either:
(1) At least 90
percent of his total assets; or
(2)
at least six times the amount of liability coverage to be demonstrated by this
test.
(2) The phrase "amount of
liability coverage" as used in paragraph (f)(1) of this section refers to the
annual aggregate amounts for which coverage is required under paragraphs (a)
and (b) of this section.
(3) To
demonstrate that he meets this test, the owner or operator must submit the
following four items to the Director:
(i) A letter signed by the owner's or
operator's chief financial officer and worded as specified in §
264.151(g). If an owner or operator is using the financial test to demonstrate
both assurance for closure or post-closure care, as specified by §§
264.143(f), 264.145(f), 265.143(e), and 265.145(e), and liability coverage, he
must submit the letter specified in § 264.151(g) to cover both forms of
financial responsibility; a separate letter as specified in § 264.151(f)
is not required.
(ii) A copy of the
independent certified public accountant's report on examination of the owner's
or operator's financial statements for the latest completed fiscal
year.
(iii) A special report from
the owner's or operator's independent certified public accountant to the owner
or operator stating that:
(A) He has compared
the data which the letter from the chief financial officer specifies as having
been derived from the independently audited, year-end financial statements for
the latest fiscal year with the amounts in such financial statements;
and
(B) In connection with that
procedure, no matters came to his attention which caused him to believe that
the specified data should be adjusted; and
(iv)
A copy of the owner's or
operator's independently audited financial statements for the latest completed
fiscal year, with all notes and attachments.
(4) An owner or operator of a new facility
must submit the items specified in paragraph (f)(3) of this section to the
Director at least 60 days before the date on which hazardous waste is first
received for treatment, storage, or disposal.
(5) After the initial submission of items
specified in paragraph (f)(3) of this section, the owner or operator must send
updated information to the Director within 90 days after the close of each
succeeding fiscal year. This information must consist of all four
items specified in paragraph (f)(3) of this section.
(6) If the owner or operator no longer meets
the requirements of paragraph (f)(1) of this section, he must obtain insurance,
a letter of credit, a surety bond, a trust fund, or a guarantee for the entire
amount of required liability coverage as specified in this section. Evidence of
liability coverage must be submitted to the Director within 90 days after the
end of the fiscal year for which the year-end financial data show that the
owner or operator no longer meets the test requirements.
(7) The Director may disallow use of this
test on the basis of qualifications in the opinion expressed by the independent
certified public accountant in his report on examination of the owner's or
operator's financial statements (see paragraph (f)(3)(ii) of this section). An
adverse opinion or a disclaimer of opinion will be cause for disallowance. The
Director will evaluate other qualifications on an individual basis. The owner
or operator must provide evidence of insurance for the entire amount of
required liability coverage as specified in this section within 30 days after
notification of disallowance.
(g) Guarantee for liability
coverage.
(1) Subject to paragraph (g)(2) of
this section, an owner or operator may meet the requirements of this section by
obtaining a written guarantee, hereinafter referred to as "guarantee." The
guarantor must be the direct or higher-tier parent corporation of the owner or
operator, a firm whose parent corporation is also the parent corporation of the
owner or operator, or a firm with a "substantial business relationship" with
the owner or operator. The guarantor must meet the requirements for owners or
operators in paragraphs (f)(1) through (f)(6) of this section. The wording of
the guarantee must be identical to the wording specified in §
264.151(h)(2) of this part. A certified copy of the guarantee must accompany
the items sent to the Director as specified in paragraph (f)(3) of this
section. One of these items must be the letter from the guarantor's chief
financial officer. If the guarantor's parent corporation is also the parent
corporation of the owner or operator, this letter must describe the value
received in consideration of the guarantee. If the guarantor is a firm with a
"substantial business relationship" with the owner or operator, this letter
must describe this "substantial business relationship" and the value received
in consideration of the guarantee.
(i) If the
owner or operator fails to satisfy a judgment based on a determination of
liability for bodily injury or property damage to third parties caused by
sudden or nonsudden accidental occurrences (or both as the case may be),
arising from the operation of facilities covered by this corporate guarantee,
or fails to pay an amount agreed to in settlement of claims arising from or
alleged to arise from such injury or damage, the guarantor will do so up to the
limits of coverage.
(ii) [Reserved]
(2)(i) In the case of corporations incorporated in the United States, a
guarantee may be used to satisfy the requirements of this section only if the
Attorneys General or Insurance Commissioners of (A) the State in which the
guarantor is incorporated, and (B) each State in which a facility covered by
the guarantee is located have submitted a written statement to EPA that a
guarantee executed as described in this section and § 264.151(h)(2) is a
legally valid and enforceable obligation in that State.
(ii) In the case of corporations incorporated
outside the United States, a guarantee may be used to satisfy the requirements
of this section only if (A) the non-U.S. corporation has identified a
registered agent for service of process in each State in which a facility
covered by the guarantee is located and in the State in which it has its
principal place of business, and (B) the Attorney General or Insurance
Commissioner of each State in which a facility covered by the guarantee is
located and the State in which the guarantor corporation has its principal
place of business, has submitted a written statement to EPA that a guarantee
executed as described in this section and § 264.151(h)(2) is a legally
valid and enforceable obligation in that State.
(h) Letter of credit for liability coverage.
(1) An owner or operator may satisfy the
requirements of this section by obtaining an irrevocable standby letter or
credit that conforms to the requirements of this paragraph and submitting a
copy of the letter of credit to the Director.
(2) The financial institution issuing the
letter of credit must be an entity that has the authority to issue letters of
credit and whose letter of credit operations are regulated and examined by a
Federal or State agency.
(3) The
wording of the letter of credit must be identical to the wording specified in
§ 264.151(k) of this part.
(4)
An owner or operator who uses a letter of credit to satisfy the requirements of
this section may also establish a standby trust fund. Under the terms of such a
letter of credit, all amounts paid pursuant to a draft by the trustee of the
standby trust will be deposited by the issuing institution into the standby
trust in accordance with instructions from the trustee. The trustee of the
standby trust fund must be an entity which has the authority to act as a
trustee and whose trust operations are regulated and examined by a Federal or
State agency.
(5) The wording of
the standby trust fund must be identical to the wording specified in §
264.151(n).
(i) Surety
bond for liability coverage.
(1) An owner or
operator may satisfy the requirements of this section by obtaining a surety
bond that conforms to the requirements of this paragraph and submitting a copy
of the bond to the Director.
(2)
The surety company issuing the bond must be among those listed as acceptable
sureties on Federal bonds in the most recent Circular 570 of the U.S.
Department of the Treasury.
(3) The
wording of the surety bond must be identical to the wording specified in §
264.151(l) of this part.
(4) A
surety bond may be used to satisfy the requirements of this section only if the
Attorneys General or Insurance Commissioners of (i) the State in which the
surety is incorporated, and (ii) each State in which a facility covered by the
surety bond is located have submitted a written statement to EPA that a surety
bond executed as described in this section and § 264.151(l) of this part
is a legally valid and enforceable obligation in that State.
(j) Trust fund for liability
coverage.
(1) An owner or operator may
satisfy the requirements of this section by establishing a trust fund that
conforms to the requirements of this paragraph and submitting an originally
signed duplicate of the trust agreement to the Director.
(2) The trustee must be an entity which has
the authority to act as a trustee and whose trust operations are regulated and
examined by a Federal or State agency.
(3) The trust fund for liability coverage
must be funded for the full amount of the liability coverage to be provided by
the trust fund before it may be relied upon to satisfy the requirements of this
section. If at any time after the trust fund is created the amount of funds in
the trust fund is reduced below the full amount of the liability coverage to be
provided, the owner or operator, by the anniversary date of the establishment
of the fund, must either add sufficient funds to the trust fund to cause its
value to equal the full amount of liability coverage to be provided, or obtain
other financial assurance as specified in this section to cover the difference.
For purposes of this paragraph, "the full amount of the liability coverage to
be provided" means the amount of coverage for sudden and/or nonsudden
occurrences required to be provided by the owner or operator by this section,
less the amount of financial assurance for liability coverage that is being
provided by other financial assurance mechanisms being used to demonstrate
financial assurance by the owner or operator.
(4) The wording of the trust fund must be
identical to the wording specified in § 264.151(m) of this part.
(k) Notwithstanding any other
provision of this part, an owner or operator using liability insurance to
satisfy the requirements of this section may use, until October 16, 1982, a
Hazardous Waste Facility Liability Endorsement or Certificate of Liability
Insurance that does not certify that the insurer is licensed to transact the
business of insurance, or eligible as an excess or surplus lines insurer, in
one or more States.
§
264.148
Incapacity of owners or operators, guarantors, or
financial institutions
(a) An owner or
operator must notify the Director by certified mail of the commencement of a
voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code,
naming the owner or operator as debtor, within 10 days after commencement of
the proceeding. A guarantor of a corporate guarantee as specified in
§§ 264.143(f) and 264.145(f) must make such a notification if he is
named as debtor, as required under the terms of the corporate guarantee (§
264.151(h)).
(b) An owner or
operator who fulfills the requirements of § 264.143, § 264.145, or
§ 264.147 by obtaining a trust fund, surety bond, letter of credit, or
insurance policy will be deemed to be without the required financial assurance
or liability coverage in the event of bankruptcy of the trustee or issuing
institution, or a suspension or revocation of the authority of the trustee
institution to act as trustee or of the institution issuing the surety bond,
letter of credit, or insurance policy to issue such instruments. The owner or
operator must establish other financial assurance or liability coverage within
60 days after such an event.
§
264.149
Use of State-required mechanisms
(a) For a facility located in a State where
EPA is administering the requirements of this Subsection but where the State
has hazardous waste rules that include requirements for financial assurance of
closure or post-closure care or liability coverage, an owner or operator may
use State-required financial mechanisms to meet the requirements of §
264.143, § 264.145, or § 264.147, if the Director determines that the
State mechanisms are at least equivalent to the financial mechanism specified
in this Subsection. The Director will evaluate the equivalency of the
mechanisms principally in terms of (1) certainty of the availability of funds
for the required closure or post-closure care activities or liability coverage
and (2) the amount of funds that will be made available. The Director may also
consider other factors as he deems appropriate. The owner or operator must
submit to the Director evidence of the establishment of the mechanism together
with a letter requesting that the State-required mechanism be considered
acceptable for meeting the requirements of this Subsection. The submission must
include the following information: The facility's EPA Identification Number,
name, and address, and the amount of funds for closure or post-closure care or
liability coverage assured by the mechanism. The Director will notify the owner
or operator of his determination regarding the mechanism's acceptability in
lieu of financial mechanisms specified in this Subsection. The Director may
require the owner or operator to submit additional information as is deemed
necessary to make this determination. Pending this determination, the owner or
operator will be deemed to be in compliance with the requirements of §
264.143, § 264.145, or § 264.147, as applicable.
(b) If a State-required mechanism is found
acceptable as specified in paragraph (a) of this section except for the amount
of funds available, the owner or operator may satisfy the requirements of this
Subsection by increasing the funds available through the State-required
mechanism or using additional financial mechanisms as specified in this
Subsection. The amount of funds available through the State and Federal
mechanisms must at least equal the amount required by this Subsection.
[Note: Arkansas does not require a specific mechanism for demonstrating financial responsibility, but may accept a demonstration which meets the requirements of any of the mechanisms allowed under this Subsection.]
§ 264.150
State assumption of
responsibility
(a) If the State either
assumes legal responsibility for an owner's or operator's compliance with the
closure, post-closure care, or liability requirements of this part or assures
that funds will be available from State sources to cover those requirements,
the owner or operator will be in compliance with the requirements of §
264.143, § 264.145, or § 264.147 if the Director determines that the
State's assumption of responsibility is at least equivalent to the financial
mechanisms specified in this Subsection. The Director will evaluate the
equivalency of State guarantees principally in terms of (1) certainty of the
availability of funds for the required closure or post-closure care activities
or liability coverage and (2) the amount of funds that will be made available.
The Director may also consider other factors as he deems appropriate. The owner
or operator must submit to the Director a letter from the State describing the
nature of the State's assumption of responsibility together with a letter from
the owner or operator requesting that the State's assumption of responsibility
be considered acceptable for meeting the requirements of this Subsection. The
letter from the State must include, or have attached to it, the following
information: the facility's EPA Identification Number, name, and address, and
the amount of funds for closure or post-closure care or liability coverage that
are guaranteed by the State. The Director will notify the owner or operator of
his determination regarding the acceptability of the State's guarantee in lieu
of financial mechanisms specified in this Subsection. The Director may require
the owner or operator to submit additional information as is deemed necessary
to make this determination. Pending this determination, the owner or operator
will be deemed to be in compliance with the requirements of § 264.143,
§ 264.145, or § 264.147, as applicable.
(b) If the State's assumption of
responsibility is found acceptable as specified in paragraph (a) of this
section except for the amount of funds available, the owner or operator may
satisfy the requirements of this Subsection by use of both the State's
assurance and additional financial mechanisms as specified in this Subsection.
The amount of funds available through the State and Federal mechanisms must at
least equal the amount required by this Subsection.
§ 264.151
Wording of the
instruments
(a)
(1) A trust agreement for a trust fund, as
specified in § 264.143(a) or § 264.145(a) or § 265.143(a) or
§ 265.145(a) of this rule, must be worded as follows, except that
instructions in brackets are to be replaced with the relevant information and
the brackets deleted:
Trust Agreement
Trust Agreement, the "Agreement," entered into as of [date] by and between [name of the owner or operator], a [name of State] [insert "corporation," "partnership," "association," or "proprietorship"], the "Grantor," and [name of corporate trustee], [insert "incorporated in the State of " or "a national bank"], the "Trustee."
Whereas, the Division of Environmental Quality, "DEQ", an agency of the State of Arkansas, has established certain rules applicable to the Grantor, requiring that an owner or operator of a hazardous waste management facility shall provide assurance that funds will be available when needed for closure and/or post-closure care of the facility,
Whereas, the Grantor has elected to establish a trust to provide all or part of such financial assurance for the facilities identified herein,
Whereas, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the trustee under this agreement, and the Trustee is willing to act as trustee, Now, Therefore, the Grantor and the Trustee agree as follows:
Section 1.
Definitions. As used in this Agreement:
(a)
The term "Grantor" means the owner or operator who enters into this Agreement
and any successors or assigns of the Grantor.
(b) The term "Trustee" means the Trustee who
enters into this Agreement and any successor Trustee.
Section 2. Identification of Facilities and
Cost Estimates. This Agreement pertains to the facilities and cost estimates
identified on attached Schedule A [on Schedule A, for each facility list the
EPA Identification Number, name, address, and the current closure and/or
post-closure cost estimates, or portions thereof, for which financial assurance
is demonstrated by this Agreement].
Section
3. Establishment of Fund. The Grantor and the Trustee hereby
establish a trust fund, the "Fund," for the benefit of DEQ. The Grantor and the
Trustee intend that no third party have access to the Fund except as herein
provided. The Fund is established initially as consisting of the property,
which is acceptable to the Trustee, described in Schedule B attached hereto.
Such property and any other property subsequently transferred to the Trustee is
referred to as the Fund, together with all earnings and profits thereon, less
any payments or distributions made by the Trustee pursuant to this Agreement.
The Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. The
Trustee shall not be responsible nor shall it undertake any responsibility for
the amount or adequacy of, nor any duty to collect from the Grantor, any
payments necessary to discharge any liabilities of the Grantor established by
DEQ.
Section 4. Payment for Closure
and Post-Closure Care. The Trustee shall make payments from the Fund as the DEQ
Director shall direct, in writing, to provide for the payment of the costs of
closure and/or post-closure care of the facilities covered by this Agreement.
The Trustee shall reimburse the Grantor or other persons as specified by the
DEQ Director from the Fund for closure and post-closure expenditures in such
amounts as the DEQ Director shall direct in writing. In addition, the Trustee
shall refund to the Grantor such amounts as the DEQ Director specifies in
writing. Upon refund, such funds shall no longer constitute part of the Fund as
defined herein.
Section 5. Payments
Comprising the Fund. Payments made to the Trustee for the Fund shall consist of
cash or securities acceptable to the Trustee.
Section 6. Trustee Management. The Trustee
shall invest and reinvest the principal and income of the Fund and keep the
Fund invested as a single fund, without distinction between principal and
income, in accordance with general investment policies and guidelines which the
Grantor may communicate in writing to the Trustee from time to time, subject,
however, to the provisions of this section. In investing, reinvesting,
exchanging, selling, and managing the Fund, the Trustee shall discharge his
duties with respect to the trust fund solely in the interest of the beneficiary
and with the care, skill, prudence, and diligence under the circumstances then
prevailing which persons of prudence, acting in a like capacity and familiar
with such matters, would use in the conduct of an enterprise of a like
character and with like aims; except that:
(i) Securities or other obligations of the
Grantor, or any other owner or operator of the facilities, or any of their
affiliates as defined in the Investment Company Act of 1940, as amended,
15 U.S.C.
80a-2.(a), shall not be acquired or held,
unless they are securities or other obligations of the Federal or a State
government;
(ii) The Trustee is
authorized to invest the Fund in time or demand deposits of the Trustee, to the
extent insured by an agency of the Federal or State government; and
(iii) The Trustee is authorized to hold cash
awaiting investment or distribution uninvested for a reasonable time and
without liability for the payment of interest thereon.
Section 7. Commingling and Investment. The
Trustee is expressly authorized in its discretion:
(a) To transfer from time to time any or all
of the assets of the Fund to any common, commingled, or collective trust fund
created by the Trustee in which the Fund is eligible to participate, subject to
all of the provisions thereof, to be commingled with the assets of other trusts
participating therein; and
(b) To
purchase shares in any investment company registered under the Investment
Company Act of 1940,
15 U.S.C.
80a-1 et seq., including one which may be
created, managed, underwritten, or to which investment advice is rendered or
the shares of which are sold by the Trustee. The Trustee may vote such shares
in its discretion.
Section
8. Express Powers of Trustee. Without in any way limiting the
powers and discretions conferred upon the Trustee by the other provisions of
this Agreement or by law, the Trustee is expressly authorized and empowered:
(a) To sell, exchange, convey, transfer, or
otherwise dispose of any property held by it, by public or private sale. No
person dealing with the Trustee shall be bound to see to the application of the
purchase money or to inquire into the validity or expediency of any such sale
or other disposition;
(b) To make,
execute, acknowledge, and deliver any and all documents of transfer and
conveyance and any and all other instruments that may be necessary or
appropriate to carry out the powers herein granted;
(c) To register any securities held in the
Fund in its own name or in the name of a nominee and to hold any security in
bearer form or in book entry, or to combine certificates representing such
securities with certificates of the same issue held by the Trustee in other
fiduciary capacities, or to deposit or arrange for the deposit of such
securities in a qualified central depositary even though, when so deposited,
such securities may be merged and held in bulk in the name of the nominee of
such depositary with other securities deposited therein by another person, or
to deposit or arrange for the deposit of any securities issued by the United
States Government, or any agency or instrumentality thereof, with a Federal
Reserve bank, but the books and records of the Trustee shall at all times show
that all such securities are part of the Fund;
(d) To deposit any cash in the Fund in
interest-bearing accounts maintained or savings certificates issued by the
Trustee, in its separate corporate capacity, or in any other banking
institution affiliated with the Trustee, to the extent insured by an agency of
the Federal or State government; and
(e) To compromise or otherwise adjust all
claims in favor of or against the Fund.
Section 9. Taxes and Expenses. All taxes of
any kind that may be assessed or levied against or in respect of the Fund and
all brokerage commissions incurred by the Fund shall be paid from the Fund. All
other expenses incurred by the Trustee in connection with the administration of
this Trust, including fees for legal services rendered to the Trustee, the
compensation of the Trustee to the extent not paid directly by the Grantor, and
all other proper charges and disbursements of the Trustee shall be paid from
the Fund.
Section 10. Annual
Valuation. The Trustee shall annually, at least 30 days prior to the
anniversary date of establishment of the Fund, furnish to the Grantor and to
the DEQ Director a statement confirming the value of the Trust. Any securities
in the Fund shall be valued at market value as of no more than 60 days prior to
the anniversary date of establishment of the Fund. The failure of the Grantor
to object in writing to the Trustee within 90 days after the statement has been
furnished to the Grantor and the DEQ Director shall constitute a conclusively
binding assent by the Grantor, barring the Grantor from asserting any claim or
liability against the Trustee with respect to matters disclosed in the
statement.
Section 11. Advice of
Counsel. The Trustee may from time to time consult with counsel, who may be
counsel to the Grantor, with respect to any question arising as to the
construction of this Agreement or any action to be taken hereunder. The Trustee
shall be fully protected, to the extent permitted by law, in acting upon the
advice of counsel.
Section 12.
Trustee Compensation. The Trustee shall be entitled to reasonable compensation
for its services as agreed upon in writing from time to time with the
Grantor.
Section 13. Successor
Trustee. The Trustee may resign or the Grantor may replace the Trustee, but
such resignation or replacement shall not be effective until the Grantor has
appointed a successor trustee and this successor accepts the appointment. The
successor trustee shall have the same powers and duties as those conferred upon
the Trustee hereunder. Upon the successor trustee's acceptance of the
appointment, the Trustee shall assign, transfer, and pay over to the successor
trustee the funds and properties then constituting the Fund. If for any reason
the Grantor cannot or does not act in the event of the resignation of the
Trustee, the Trustee may apply to a court of competent jurisdiction for the
appointment of a successor trustee or for instructions. The successor trustee
shall specify the date on which it assumes administration of the trust in a
writing sent to the Grantor, the DEQ Director, and the present Trustee by
certified mail 10 days before such change becomes effective. Any expenses
incurred by the Trustee as a result of any of the acts contemplated by this
Section shall be paid as provided in Section 9.
Section 14. Instructions to the Trustee. All
orders, requests, and instructions by the Grantor to the Trustee shall be in
writing, signed by such persons as are designated in the attached Exhibit A or
such other designees as the Grantor may designate by amendment to Exhibit A.
The Trustee shall be fully protected in acting without inquiry in accordance
with the Grantor's orders, requests, and instructions. All orders, requests,
and instructions by the DEQ Director to the Trustee shall be in writing, signed
by the DEQ Director or his designee, and the Trustee shall act and shall be
fully protected in acting in accordance with such orders, requests, and
instructions. The Trustee shall have the right to assume, in the absence of
written notice to the contrary, that no event constituting a change or a
termination of the authority of any person to act on behalf of the Grantor or
DEQ hereunder has occurred. The Trustee shall have no duty to act in the
absence of such orders, requests, and instructions from the Grantor and/or DEQ,
except as provided for herein.
Section
15. Notice of Nonpayment. The Trustee shall notify the Grantor and
the Director, by certified mail within 10 days following the expiration of the
30-day period after the anniversary of the establishment of the Trust, if no
payment is received from the Grantor during that period. After the pay-in
period is completed, the Trustee shall not be required to send a notice of
nonpayment.
Section 16. Amendment
of Agreement. This Agreement may be amended by an instrument in writing
executed by the Grantor, the Trustee, and the appropriate Director, or by the
Trustee and the appropriate DEQ Director if the Grantor ceases to
exist.
Section 17. Irrevocability
and Termination. Subject to the right of the parties to amend this Agreement as
provided in Section 16, this Trust shall be irrevocable and shall continue
until terminated at the written agreement of the Grantor, the Trustee, and the
DEQ Director, or by the Trustee and the DEQ Director, if the Grantor ceases to
exist. Upon termination of the Trust, all remaining trust property, less final
trust administration expenses, shall be delivered to the Grantor.
Section 18. Immunity and Indemnification. The
Trustee shall not incur personal liability of any nature in connection with any
act or omission, made in good faith, in the administration of this Trust, or in
carrying out any directions by the Grantor or the DEQ Director issued in
accordance with this Agreement. The Trustee shall be indemnified and saved
harmless by the Grantor or from the Trust Fund, or both, from and against any
personal liability to which the Trustee may be subjected by reason of any act
or conduct in its official capacity, including all expenses reasonably incurred
in its defense in the event the Grantor fails to provide such
defense.
Section 19. Choice of Law.
This Agreement shall be administered, construed, and enforced according to the
laws of the State of Arkansas.
Section
20. Interpretation. As used in this Agreement, words in the
singular include the plural and words in the plural include the singular. The
descriptive headings for each Section of this Agreement shall not affect the
interpretation or the legal efficacy of this Agreement.
In Witness Whereof the parties have caused this Agreement to be executed by their respective officers duly authorized and their corporate seals to be hereunto affixed and attested as of the date first above written: The parties below certify that the wording of this Agreement is identical to the wording specified in APC&EC Rule No. 23 § 264.151(a)(1) as such rules were constituted on the date first above written.
[Signature of Grantor]
[Title]
Attest:
[Title]
[Seal]
[Signature of Trustee]
Attest:
[Title]
[Seal]
(2) The following is an example of the
certification of acknowledgment which must accompany the trust agreement for a
trust fund as specified in §§ 264.143(a) and 264.145(a) or
§§ 265.143(a) or 265.145(a) of this rule. State requirements may
differ on the proper content of this acknowledgment.
State of
County of
On this [date], before me personally came [owner or operator] to me known, who, being by me duly sworn, did depose and say that she/he resides at [address], that she/he is [title] of [corporation], the corporation described in and which executed the above instrument; that she/he knows the seal of said corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/his name thereto by like order. [Signature of Notary Public]
(b) A surety bond guaranteeing payment into a
trust fund, as specified in § 264.143(b) or § 264.145(b) or §
265.143(b) or § 265.145(b) of this rule, must be worded as follows, except
that instructions in brackets are to be replaced with the relevant information
and the brackets deleted:
Financial Guarantee Bond
Date bond executed:
Effective date:
Principal: [legal name and business address of owner or operator]
Type of Organization: [insert "individual," "joint venture," "partnership," or "corporation"]
State of incorporation:
Surety(ies): [name(s) and business address(es)]
EPA Identification Number, name, address and closure and/or post-closure amount(s) for each facility guaranteed by this bond [indicate closure and post-closure amounts separately]:
Total penal sum of bond: $
Surety's bond number:
Know All Persons By These Presents, That we, the Principal and Surety(ies) hereto are firmly bound to the Division of Environmental Quality (hereinafter called DEQ), in the above penal sum for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally; provided that, where the Surety(ies) are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum "jointly and severally" only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum.
Whereas said Principal is required, under the federal Resource Conservation and Recovery Act as amended (RCRA) and the Arkansas Hazardous Waste Management Act, to have a permit or interim status in order to own or operate each hazardous waste management facility identified above, and
Whereas said Principal is required to provide financial assurance for closure, or closure and post-closure care, as a condition of the permit or interim status, and
Whereas said Principal shall establish a standby trust fund as is required when a surety bond is used to provide such financial assurance;
Now, Therefore, the conditions of the obligation are such that if the Principal shall faithfully, before the beginning of final closure of each facility identified above, fund the standby trust fund in the amount(s) identified above for the facility,
Or, if the Principal shall fund the standby trust fund in such amount(s) within 15 days after a final order to begin closure is issued by the DEQ Director or a U.S. district court or other court of competent jurisdiction,
Or, if the Principal shall provide alternate financial assurance, as specified in Subsection H of APC&EC Rule No. 23 § 264 or 265, as applicable, and obtain the Director's written approval of such assurance, within 90 days after the date notice of cancellation is received by both the Principal and the Director from the Surety(ies), then this obligation shall be null and void; otherwise it is to remain in full force and effect.
The Surety(ies) shall become liable on this bond obligation only when the Principal has failed to fulfill the conditions described above. Upon notification by the Director that the Principal has failed to perform as guaranteed by this bond, the Surety(ies) shall place funds in the amount guaranteed for the facility(ies) into the standby trust fund as directed by the Director.
The liability of the Surety(ies) shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall amount in the aggregate to the penal sum of the bond, but in no event shall the obligation of the Surety(ies) hereunder exceed the amount of said penal sum.
The Surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the Principal and to the Director, provided, however, that cancellation shall not occur during the 120 days beginning on the date of receipt of the notice of cancellation by both the Principal and the Director, as evidenced by the return receipts.
The Principal may terminate this bond by sending written notice to the Surety(ies), provided, however, that no such notice shall become effective until the Surety(ies) receive(s) written authorization for termination of the bond by the Director.
[The following paragraph is an optional rider that may be included but is not required.] Principal and Surety(ies) hereby agree to adjust the penal sum of the bond yearly so that it guarantees a new closure and/or post-closure amount, provided that the penal sum does not increase by more than 20 percent in any one year, and no decrease in the penal sum takes place without the written permission of the Director.
In Witness Whereof, the Principal and Surety(ies) have executed this Financial Guarantee Bond and have affixed their seals on the date set forth above.
The persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on behalf of the Principal and Surety(ies) and that the wording of this surety bond is identical to the wording specified in APC&EC Rule No. 23 § 264.151(b) as such rules were constituted on the date this bond was executed. Principal
[Signature(s)]
[Name(s)]
[Title(s)]
[Corporate seal]
Corporate Surety(ies)
[Name and address]
State of incorporation:]
Liability limit: $
[Signature(s)]
[Name(s) and title(s)]
[Corporate seal]
[For every co-surety, provide signature(s), corporate seal, and other information in the same manner as for Surety above.] Bond premium: $
(c) A surety bond
guaranteeing performance of closure and/or post-closure care, as specified in
§ 264.143(c) or § 264.145(c), must be worded as follows, except that
the instructions in brackets are to be replaced with the relevant information
and the brackets deleted:
Performance Bond
Date bond executed:
Effective date:
Principal: [legal name and business address of owner or operator]
Type of organization: [insert "individual," "joint venture," "partnership," or "corporation"]
State of incorporation:
Surety(ies): [name(s) and business address(es)]
EPA Identification Number, name, address, and closure and/or post-closure amount(s) for each facility guaranteed by this bond [indicate closure and post-closure amounts separately]:
Total penal sum of bond: $
Surety's bond number:
Know All Persons By These Presents, That we, the Principal and Surety(ies) hereto are firmly bound to the Division of Environmental Quality (hereinafter called DEQ), in the above penal sum for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally; provided that, where the Surety(ies) are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum "jointly and severally" only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum.
Whereas said Principal is required, under the Resource Conservation and Recovery Act as amended (RCRA) and the Arkansas Hazardous Waste Management Act, to have a permit in order to own or operate each hazardous waste management facility identified above, and
Whereas said Principal is required to provide financial assurance for closure, or closure and post-closure care, as a condition of the permit, and
Whereas said Principal shall establish a standby trust fund as is required when a surety bond is used to provide such financial assurance;
Now, Therefore, the conditions of this obligation are such that if the Principal shall faithfully perform closure, whenever required to do so, of each facility for which this bond guarantees closure, in accordance with the closure plan and other requirements of the permit as such plan and permit may be amended, pursuant to all applicable laws, statutes, rules, and rules, as such laws, statutes, rules, and rules may be amended,
And, if the Principal shall faithfully perform post-closure care of each facility for which this bond guarantees post-closure care, in accordance with the post-closure plan and other requirements of the permit, as such plan and permit may be amended, pursuant to all applicable laws, statutes, rules, and regulations, as such laws, statutes, rules, and regulations may be amended,
Or, if the Principal shall provide alternate financial assurance as specified in Subsection H of APC&EC Rule No. 23 § 264, and obtain the Director's written approval of such assurance, within 90 days after the date notice of cancellation is received by both the Principal and the Director from the Surety(ies), then this obligation shall be null and void, otherwise it is to remain in full force and effect.
The Surety(ies) shall become liable on this bond obligation only when the Principal has failed to fulfill the conditions described above.
Upon notification by the Director that the Principal has been found in violation of the closure requirements of APC&EC Rule No. 23 § 264, for a facility for which this bond guarantees performance of closure, the Surety(ies) shall either perform closure in accordance with the closure plan and other permit requirements or place the closure amount guaranteed for the facility into the standby trust fund as directed by the Director.
Upon notification by an Director that the Principal has been found in violation of the post-closure requirements of APC&EC Rule No. 23 § 264 for a facility for which this bond guarantees performance of post-closure care, the Surety(ies) shall either perform post-closure care in accordance with the post-closure plan and other permit requirements or place the post-closure amount guaranteed for the facility into the standby trust fund as directed by the Director.
Upon notification by the Director that the Principal has failed to provide alternate financial assurance as specified in Subsection H of APC&EC Rule No. 23 § 264, and obtain written approval of such assurance from the Director during the 90 days following receipt by both the Principal and the Director of a notice of cancellation of the bond, the Surety(ies) shall place funds in the amount guaranteed for the facility(ies) into the standby trust fund as directed by the Director.
The surety(ies) hereby waive(s) notification of amendments to closure plans, permits, applicable laws, statutes, rules, and regulations and agrees that no such amendment shall in any way alleviate its (their) obligation on this bond.
The liability of the Surety(ies) shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall amount in the aggregate to the penal sum of the bond, but in no event shall the obligation of the Surety(ies) hereunder exceed the amount of said penal sum.
The Surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the owner or operator and to the Director, provided, however, that cancellation shall not occur during the 120 days beginning on the date of receipt of the notice of cancellation by both the Principal and the Director, as evidenced by the return receipts.
The principal may terminate this bond by sending written notice to the Surety(ies), provided, however, that no such notice shall become effective until the Surety(ies) receive(s) written authorization for termination of the bond by the Director.
[The following paragraph is an optional rider that may be included but is not required.]
Principal and Surety(ies) hereby agree to adjust the penal sum of the bond yearly so that it guarantees a new closure and/or post-closure amount, provided that the penal sum does not increase by more than 20 percent in any one year, and no decrease in the penal sum takes place without the written permission of the Director.
In Witness Whereof, The Principal and Surety(ies) have executed this Performance Bond and have affixed their seals on the date set forth above.
The persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on behalf of the Principal and Surety(ies) and that the wording of this surety bond is identical to the wording specified in APC&EC Rule No. 23 § 264.151(c) as such regulation was constituted on the date this bond was executed.
Principal
[Signature(s)]
[Name(s)]
[Title(s)]
[Corporate seal]
Corporate Surety(ies)
[Name and address]
State of incorporation:
Liability limit: $
[Signature(s)]
[Name(s) and title(s)]
[Corporate seal]
[For every co-surety, provide signature(s), corporate seal, and other information in the same manner as for Surety above.]
Bond premium: $
(d) A letter of credit, as specified in
§ 264.143(d) or § 264.145(d) or § 265.143(c) or §
265.145(c) of this rule, must be worded as follows, except that instructions in
brackets are to be replaced with the relevant information and the brackets
deleted:
Irrevocable Standby Letter of Credit
Director
Division of Environmental Quality
5301 Northshore Drive
North Little Rock, AR 72118
Dear Sir or Madam:
We hereby establish our Irrevocable Standby Letter of Credit No. in your favor, at the request and for the account of [owner's or operator's name and address] up to the aggregate amount of [in words] U.S. dollars $, available upon presentation [insert, if more than one Agency is a beneficiary, "by any one of you"] of
(1) your sight
draft, bearing reference to this letter of credit No. ___, and
(2) your signed statement reading as follows:
"I certify that the amount of the draft is payable pursuant to regulations
issued under authority of the Resource Conservation and Recovery Act of 1976 as
amended."
This letter of credit is effective as of [date] and shall expire on [date at least 1 year later], but such expiration date shall be automatically extended for a period of [at least 1 year] on [date] and on each successive expiration date, unless, at least 120 days before the current expiration date, we notify both you and [owner's or operator's name] by certified mail that we have decided not to extend this letter of credit beyond the current expiration date. In the event you are so notified, any unused portion of the credit shall be available upon presentation of your sight draft for 120 days after the date of receipt by both you and [owner's or operator's name], as shown on the signed return receipts.
Whenever this letter of credit is drawn on under and in compliance with the terms of this credit, we shall duly honor such draft upon presentation to us, and we shall deposit the amount of the draft directly into the standby trust fund of [owner's or operator's name] in accordance with your instructions.
We certify that the wording of this letter of credit is identical to the wording specified in APC&EC Rule No. 23 § 264.151(d) as such regulations were constituted on the date shown immediately below.
[Signature(s) and title(s) of official(s) of issuing institution] [Date]
This credit is subject to [insert "the most recent edition of the Uniform Customs and Practice for
Documentary Credits, published and copyrighted by the International Chamber of Commerce," or "the Uniform Commercial Code"].
(e) A
certificate of insurance, as specified in § 264.143(e) or §
264.145(e) or § 265.143(d) or § 265.145(d) of this rule, must be
worded as follows, except that instructions in brackets are to be replaced with
the relevant information and the brackets deleted:
Certificate of Insurance for Closure or Post-Closure Care
Name and Address of Insurer
(herein called the "Insurer"):
Name and Address of Insured
(herein called the "Insured"):
Facilities Covered: [List for each facility: The EPA Identification Number, name, address, and the amount of insurance for closure, the amount for post-closure care, and/or the amount for corrective action (these amounts for all facilities covered must total the face amount shown below).]
Face Amount:
Policy Number:
Effective Date:
The Insurer hereby certifies that it has issued to the Insured the policy of insurance identified above to provide financial assurance for [insert "closure" or "closure and post-closure care" or "post-closure care" or "corrective action" or "closure and post-closure care and corrective action" or ""closure and corrective action" or "post-closure care and corrective action"] for the facilities identified above. The Insurer further warrants that such policy conforms in all respects with the requirements of APC&EC Rule No. 23 § 264.143(e), 264.145(e), 265.143(d), and 265.145(d), as applicable and as such rules were constituted on the date shown immediately below.
It is agreed that any provision of the policy inconsistent with such rules is hereby amended to eliminate such inconsistency.
The Insurer agrees to furnish to the Director a duplicate original of the policy listed above, including all endorsements thereon.
I hereby certify that the wording of this certificate is identical to the wording specified in APC&EC Rule No. 23 § 264.151(e) as such rules were constituted on the date shown immediately below.
[Authorized signature for Insurer]
[Name of person signing]
[Title of person signing]
Signature of witness or notary:
[Date]
(f) A
letter from the chief financial officer, as specified in § 264.143(f) or
§ 264.145(f) or § 265.143(e) or § 265.145(e) of this rule, must
be worded as follows, except that instructions in brackets are to be replaced
with the relevant information and the brackets deleted:
Letter From Chief Financial Officer
Director
Division of Environmental Quality
5301 Northshore Drive
North Little Rock, Arkansas 72118
I am the chief financial officer of [name and address of firm]. This letter is in support of this firm's use of the financial test to demonstrate financial assurance for closure and/or post-closure costs, as specified in subsection H of APC&EC Rule No. 23 (Hazardous Waste Management) Sections 264 and 265.
[Fill out the following five paragraphs regarding facilities and associated cost estimates. If your firm has no facilities that belong in a particular paragraph, write "None" in the space indicated.
For each facility, include its EPA Identification Number, name, address, and current closure and/or post-closure cost estimates. Identify each cost estimate as to whether it is for closure or post-closure care].
1. This firm is the owner or operator of the
following facilities in Arkansas for which financial assurance for closure or
post-closure care is demonstrated through the financial test specified in
subsection H of Rule No. 23 Sections 264 and 265. The current closure and/or
post-closure cost estimates covered by the test are shown for each facility:
________.
2. This firm guarantees,
through the guarantee specified in subsection H of Rule No. 23 Sections 264 and
265, the closure or post-closure care of the following facilities owned or
operated by the guaranteed party. The current cost estimates for the closure or
post-closure care so guaranteed are shown for each facility: _______ . The firm
identified above is [insert one or more:
(1)
The direct or higher-tier parent corporation of the owner or operator;
(2) owned by the same parent
corporation as the parent corporation of the owner or operator, and receiving
the following value in consideration of this guarantee _______ ; or
(3) engaged in the following substantial
business relationship with the owner or operator _______, and receiving the
following value in consideration of this guarantee _______ ]. [Attach a written
description of the business relationship or a copy of the contract establishing
such relationship to this letter].
3. In states other than Arkansas, this firm,
as owner or operator or guarantor, is demonstrating financial assurance for the
closure or post-closure care of the following facilities through the use of a
test equivalent or substantially equivalent to the financial test specified in
subsection H of Rule No. 23. Sections 264 and 265. The current closure and/or
post-closure cost estimates covered by such a test are shown for each facility:
_______
4. This firm is the owner
or operator of the following hazardous waste management facilities for which
financial assurance for closure or, if a disposal facility, post-closure care,
is not demonstrated either to EPA or the State of Arkansas through the
financial test or any other financial assurance mechanism specified in
subsection H of Rule No. 23. Sections 264 and 265. The current closure and/or
post-closure cost estimates not covered by such financial assurance are shown
for each facility: _______.
5.
This firm is the owner or operator of the following UIC facilities for which
financial assurance for plugging and abandonment is required under 40 CFR part
144. The current closure cost estimates as required by
40 CFR
144.62 are shown for each facility: _______ .
This firm [insert "is required" or "is not required"] to file a Form 10K with the Securities and Exchange Commission (SEC) for the latest fiscal year.
The fiscal year of this firm ends on [month, day]. The figures for the following items marked with an asterisk are derived from this firm's independently audited, year-end financial statements for the latest completed fiscal year, ended [date].
[Fill in Alternative I if the criteria of paragraph (f)(1)(i) of § 264.143 or § 264.145, or of paragraph (e)(1)(i) of § 265.143 or § 265.145 of this rule are used. Fill in Alternative II if the criteria of paragraph (f)(1)(ii) of § 264.143 or § 264.145, or of paragraph (e)(1)(ii) of § 265.143 or § 265.145 of this rule are used.]
Alternative I
*
1. Sum of current closure and post-closure cost
estimate [total of all cost estimates shown in the five paragraphs above] $
_______
* 2. Total liabilities [if
any portion of the closure or post-closure cost estimates is included in total
liabilities, you may deduct the amount of that portion from this line and add
that amount to lines 3 and 4] $ _______
*
3. Tangible net worth $ _______
*
4. Net worth $ _______
*
5. Current assets $ _______
*
6. Current liabilities $ _______
*
7. Net working capital [line 5 minus line 6] $
_______
* 8. The sum of net income
plus depreciation, depletion, and amortization $ _______
*
9. Total assets in U.S. (required only if less than
90% of firm's assets are located in the U.S.) $ _______
10. Is line 3 at least $10 million? (Yes/No)
_______
11. Is line 3 at least 6
times line 1? (Yes/No) _______
12.
Is line 7 at least 6 times line 1? (Yes/No) _______
*
13. Are at least 90% of firm's assets located in the
U.S.? If not, complete line 14 (Yes/No _______
14. Is line 9 at least 6 times line 1?
(Yes/No) _______
15. Is line 2
divided by line 4 less than 2.0? (Yes/No) _______
16. Is line 8 divided by line 2 greater than
0.1? (Yes/No) _______
17. Is line 5
divided by line 6 greater than 1.5? (Yes/No) _______
Alternative II
1. Sum of current closure and post-closure
cost estimates [total of all cost estimates shown in the five paragraphs above]
$ _______
2. Current bond rating of
most recent issuance of this firm and name of rating service _______
3. Date of issuance of bond _______
4. Date of maturity of bond _______
* 5. Tangible net worth [if any portion of
the closure and post-closure cost estimates is included in "total liabilities"
on your firm's financial statements, you may add the amount of that portion to
this line] _______
* 6. Total
assets in U.S. (required only if less than 90% of firm's assets are located in
the U.S.) $ _______
7. Is line 5 at
least $10 million ? (Yes/No) _______
8. Is line 5 at least 6 times line 1?
(Yes/No) _______
* 9. Are at least
90% of firm's assets located in the U.S.? If not, complete line 10 (Yes/No)
_______
10. Is line 6 at least 6
times line 1? (Yes/No) _______
I hereby certify that the wording of this letter is identical to the wording specified in APC&EC Rule No. 23 § 264.151(f) as such rule s were constituted on the date shown immediately below.
[Signature] ____________
[Name _______________
[Title] _______________
[Date] ________________
(g) A letter from the chief financial
officer, as specified in § 264.147(f) or § 265.147(f) of this rule,
must be worded as follows, except that instructions in brackets are to be
replaced with the relevant information and the brackets deleted.
Letter From Chief Financial Officer
Director
Division of Environmental Quality
5301 Northshore Drive
North Little Rock, Arkansas 72118
I am the chief financial officer of [firm's name and address]. This letter is in support of the use of the financial test to demonstrate financial responsibility for liability coverage [insert "and closure and/or post-closure care" if applicable] as specified in subsection H of APC&EC Rule No. 23 (Hazardous Waste Management), Sections 264 and 265.
[Fill out the following paragraphs regarding facilities and liability coverage. If there are no facilities that belong in a particular paragraph, write "None" in the space indicated. For each facility, include its EPA Identification Number, name, and address].
The firm identified above is the owner or operator of the following facilities for which liability coverage for [insert "sudden" or "nonsudden" or "both sudden and nonsudden"] accidental occurrences is being demonstrated through the financial test specified in subsection of Rule No. 23, Sections 264 and 265. _______
The firm identified above guarantees, through the guarantee specified in subsection H of Rule No. 23 Sections 264 and 265, liability coverage for [insert "sudden" or "nonsudden" of "both sudden and nonsudden"] accidental occurrences at the following facilities owned or operated by the following: _______ The firm identified above is [insert one or more:
(1) The direct or higher-tier parent
corporation of the owner or operator;
(2) owned by the same parent corporation as
the parent corporation of the owner or operator, and receiving the following
value in consideration of this guarantee _______ ; or
(3) engaged in the following substantial
business relationship with the owner or operator _______, and receiving the
following value in consideration of this guarantee _______ ]. [Attach a written
description of the business relationship or a copy of the contract establishing
such relationship to this letter.]
[If you are using the financial test to demonstrate coverage of both liability and closure and post-closure care, fill in the following five paragraphs regarding facilities and associated closure and post-closure cost estimates. If there are no facilities that belong in a particular paragraph, write "None" in the space indicated. For each facility, include its EPA identification number, name, address, and current closure and/or post-closure cost estimates. Identify each cost estimate as to whether it is for closure or post-closure care.]
1. The firm
identified above owns or operates the following facilities in Arkansas for
which financial assurance for closure or post-closure care or liability
coverage is demonstrated through the financial test specified in subsection H
of Rule No. 23, Sections 264 and 265. The current closure and/or post-closure
cost estimate covered by the test are shown for each facility: _______
.
2. The firm identified above
guarantees, through the guarantee specified in subsection H of Rule No. 23,
Sections 264 and 265, the closure and post-closure care or liability coverage
of the following facilities owned or operated by the guaranteed party. The
current cost estimates for closure or post-closure care so guaranteed are shown
for each facility: _______.
3. In
states other than Arkansas, this firm is demonstrating financial assurance for
the closure or post-closure care of the following facilities through the use of
a test equivalent or substantially equivalent to the financial test specified
in subsection H of Rule No. 23, Sections 264 and 265. The current closure or
post-closure cost estimates covered by such a test are shown for each facility.
_______
4. The firm identified
above owns or operates the following hazardous waste management facilities for
which financial assurance for closure or, if a disposal facility, post-closure
care, is not demonstrated either to EPA or the State through the financial test
or any other financial assurance mechanisms specified in subsection H of Rule
No. 23, Sections 264 and 265. The current closure and/or post-closure cost
estimates not covered by such financial assurance are shown for each facility:
_______.
5. This firm is the owner
or operator or guarantor of the following UIC facilities for which financial
assurance for plugging and abandonment is required under 40 CFR Part 144 and is
assured through a financial test. The current closure cost estimates as
required by
40 CFR
144.62 are shown for each facility: _______ .
This firm [insert "is required" or "is not required"] to file a Form 10K with the Securities and Exchange Commission (SEC) for the latest fiscal year.
The fiscal year of this firm ends on [month, day]. The figures for the following items marked with an asterisk are derived from this firm's independently audited, year-end financial statements for the latest completed fiscal year, ended [date].
Part A. Liability Coverage for Accidental Occurrences
[Fill in Alternative I if the criteria of paragraph (f)(1)(i) of § 264.147 or § 265.147 are used. Fill in Alternative II if the criteria of paragraph (f)(1)(ii) of § 264.147 or § 265.147 are used.]
Alternative I
1. Amount of annual aggregate liability
coverage to be demonstrated $ _______.
*
2. Current assets $ _______.
*
3. Current liabilities $ _______.
4. Net working capital (line 2 minus line 3)
$ _______.
* 5. Tangible net worth
$ _______.
* 6. If less than 90%
of assets are located in the U.S., give total U.S. assets $ _______.
7. Is line 5 at least $10 million? (Yes/No)
_______.
8. Is line 4 at least 6
times line 1? (Yes/No) _______.
9.
Is line 5 at least 6 times line 1? (Yes/No) _______.
*
10. Are at least 90% of assets located in the U.S.?
(Yes/No) _______ . If not, complete line 11.
11. Is line 6 at least 6 times line 1?
(Yes/No) _______.
Alternative II
1. Amount of annual aggregate liability
coverage to be demonstrated $ _______.
2. Current bond rating of most recent
issuance and name of rating service _______.
3. Date of issuance of bond _______
.
4. Date of maturity of bond
_______.
* 5. Tangible net worth $
.
* 6. Total assets in U.S.
(required only if less than 90% of assets are located in the U.S.) $ _____
.
7. Is line 5 at least $10
million? (Yes/No) _______.
8. Is
line 5 at least 6 times line 1? _______.
9. Are at least 90% of assets located in the
U.S.? If not, complete line 10. (Yes/No) _______.
10. Is line 6 at least 6 times line 1?
_______ .
[Fill in part B if you are using the financial test to demonstrate assurance of both liability coverage and closure or post-closure care.]
Part B. Closure or Post-Closure Care and Liability Coverage
[Fill in Alternative I if the criteria of paragraphs (f)(1)(i) of § 264.143 or § 264.145 and (f)(1)(i) of § 264.147 are used or if the criteria of paragraphs (e)(1)(i) of § 265.143 or § 265.145 and (f)(1)(i) of § 265.147 are used. Fill in Alternative II if the criteria of paragraphs (f)(1)(ii) of § 264.143 or § 264.145 and (f)(1)(ii) of § 264.147 are used or if the criteria of paragraphs (e)(1)(i) of § 265.143 or § 265.145 and (f)(1)(ii) of § 265.147 are used.]
Alternative I
1. Sum of current closure and post-closure
cost estimates (total of all cost estimates listed above) $ _______.
2. Amount of annual aggregate liability
coverage to be demonstrated $ _______.
3. Sum of lines 1 and 2 $ _______.
* 4. Total liabilities (if any portion of
your closure or post-closure cost estimates is included in your total
liabilities, you may deduct that portion from this line and add that amount to
lines 5 and 6) $ _______.
* 5.
Tangible net worth $ _______.
* 6.
Net worth $ _______.
* 7. Current
assets $ _______.
* 8. Current
liabilities $ _______.
9. Net
working capital (line 7 minus line 8) $ _______.
*
10. The sum of net income plus depreciation,
depletion, and amortization $ _______.
*
11. Total assets in U.S. (required only if less than
90% of assets are located in the U.S.) $ _______.
12. Is line 5 at least $10 million?
(Yes/No)
13. Is line 5 at least 6
times line 3? (Yes/No)
14. Is line
9 at least 6 times line 3? (Yes/No)
*
15. Are at least 90% of assets located in the U.S.?
(Yes/No) If, not, complete line 16.
16. Is line 11 at least 6 times line 3?
(Yes/No)
17. Is line 4 divided by
line 6 less than 2.0? (Yes/No)
18.
Is line 10 divided by line 4 greater than 0.1? (Yes/No)
19. Is line 7 divided by line 8 greater than
1.5? (Yes/No)
Alternative II
1. Sum of current closure and post-closure
cost estimates (total of all cost estimates listed above) $ _______.
2. Amount of annual aggregate liability
coverage to be demonstrated $ _______.
3. Sum of lines 1 and 2 $ _______.
4. Current bond rating of most recent
issuance and name of rating service _______.
5. Date of issuance of bond _______
.
6. Date of maturity of bond
_______.
* 7. Tangible net worth
(if any portion of the closure or post-closure cost estimates is included in
"total liabilities" on your financial statements you may add that portion to
this line) _______ $ _______.
* 8.
Total assets in the U.S. (required only if less than 90% of assets are located
in the U.S.) $ _______.
9. Is line
7 at least $10 million? (Yes/No)
10. Is line 7 at least 6 times line 3?
(Yes/No)
* 11. Are at least 90% of
assets located in the U.S.? (Yes/No) If not complete line 12.
12. Is line 8 at least 6 times line 3?
(Yes/No)
I hereby certify that the wording of this letter is identical to the wording specified in Rule No. 23, § 264.151 (g) as such rule s were constituted on the date shown immediately below.
[Signature] ___________
[Name __________
[Title] __________
[Date] __________
(h)
(1) A
corporate guarantee, as specified in § 264.143(f) or § 264.145(f), or
§ 265.143(e) or § 265.145(e) of this rule, must be worded as follows,
except that instructions in brackets are to be replaced with the relevant
information and the brackets deleted:
Corporate Guarantee for Closure or Post-Closure Care
Guarantee made this [date] by [name of guaranteeing entity], a business corporation organized under the laws of the State of [insert name of State], herein referred to as guarantor. This guarantee is made on behalf of the [owner or operator] of [business address], which is [one of the following: "our subsidiary"; "a subsidiary of [name and address of common parent corporation], of which guarantor is a subsidiary"; or "an entity with which guarantor has a substantial business relationship, as defined in APC&EC Rule No. 23 (Hazardous Waste Management) [either § 264.141(h) or § 265.141(h)]" to the Division of Environmental Quality (DEQ).
Recitals
1. Guarantor
meets or exceeds the financial test criteria and agrees to comply with the
reporting requirements for guarantors as specified in Rule No. 23 §§
264.143(f), 264.145(f), 265.143(e), and 265.145(e).
2. [Owner or operator] owns or operates the
following hazardous waste management facility(ies) covered by this guarantee:
[List for each facility: EPA Identification Number, name, and address. Indicate
for each whether guarantee is for closure, post-closure care, or
both.]
3. "Closure plans" and
"post-closure plans" as used below refer to the plans maintained as required by
subpart G of Rule No. 23 Sections 264 and 265 for the closure and post-closure
care of facilities as identified above.
4. For value received from [owner or
operator], guarantor guarantees to the Division that in the event that [owner
or operator] fails to perform [insert "closure," "post-closure care" or
"closure and post-closure care"] of the above facility(ies) in accordance with
the closure or post-closure plans and other permit or interim status
requirements whenever required to do so, the guarantor shall do so or establish
a trust fund as specified in subsection H of Rule No. 23 Sections 264 and 265,
as applicable, in the name of [owner or operator] in the amount of the current
closure or post-closure cost estimates as specified in subsection H of Rule No.
23 Sections 264 and 265.
5.
Guarantor agrees that if, at the end of any fiscal year before termination of
this guarantee, the guarantor fails to meet the financial test criteria,
guarantor shall send within 90 days, by certified mail, notice to the Director
and to [owner or operator] that he intends to provide alternate financial
assurance as specified in subsection H of Rule No. 23, Sections 264 and 265, as
applicable, in the name of [owner or operator]. Within 120 days after the end
of such fiscal year, the guarantor shall establish such financial assurance
unless [owner or operator] has done so.
6. The guarantor agrees to notify the
Director by certified mail, of a voluntary or involuntary proceeding under
Title 11 (Bankruptcy), U.S. Code, naming guarantor as debtor, within 10 days
after commencement of the proceeding.
7. Guarantor agrees that within 30 days after
being notified by the Director of a determination that guarantor no longer
meets the financial test criteria or that he is disallowed from continuing as a
guarantor of closure or post-closure care, he shall establish alternate
financial assurance as specified in subsection H of Rule No. 23, Sections 264
or 265, as applicable, in the name of [owner or operator] unless [owner or
operator] has done so.
8. Guarantor
agrees to remain bound under this guarantee notwithstanding any or all of the
following: amendment or modification of the closure or post-closure plan,
amendment or modification of the permit, the extension or reduction of the time
of performance of closure or post-closure, or any other modification or
alteration of an obligation of the owner or operator pursuant to Rule No. 23
Section 264 or 265.
9. Guarantor
agrees to remain bound under this guarantee for as long as [owner or operator]
must comply with the applicable financial assurance requirements of subsection
H of Rule No. 23 Section 264 or 265 for the above-listed facilities, except as
provided in paragraph 10 of this agreement.
10. [Insert the following language if the
guarantor is (a) a direct or higher-tier corporate parent, or (b) a firm whose
parent corporation is also the parent corporation of the owner or
operator]:
Guarantor may terminate this guarantee by sending notice by certified mail to the Director and to [owner or operator], provided that this guarantee may not be terminated unless and until [the owner or operator] obtains, and the Director approve(s), alternate closure and/or post-closure care coverage complying with Rule No. 23 §§ 264.143, 264.145, 265.143, and/or 265.145.
[Insert the following language if the guarantor is a firm qualifying as a guarantor due to its "substantial business relationship" with its owner or operator]
Guarantor may terminate this guarantee 120 days following the receipt of notification, through certified mail, by the Director and by [the owner or operator].
11. Guarantor
agrees that if [owner or operator] fails to provide alternate financial
assurance as specified in subsection H of Rule No. 23, Section 264 or 265, as
applicable, and obtain written approval of such assurance from the Director
within 90 days after a notice of cancellation by the guarantor is received by
the Director from guarantor, guarantor shall provide such alternate financial
assurance in the name of [owner or operator].
12. Guarantor expressly waives notice of
acceptance of this guarantee by the Division or by [owner or operator].
Guarantor also expressly waives notice of amendments or modifications of the
closure and/or post-closure plan and of amendments or modifications of the
facility permit(s).
I hereby certify that the wording of this guarantee is identical to the wording specified in APC&EC Rule No. 23, § 264.151(h) as such rule s were constituted on the date first above written.
Effective date: _______
[Name of guarantor] _______
[Authorized signature for guarantor] _______
[Name of person signing] _______
[Title of person signing] _______
Signature of witness or notary: _______
(2) A
guarantee, as specified in § 264.147(g) or § 265.147(g) of this rule,
must be worded as follows, except that instructions in brackets are to be
replaced with the relevant information and the brackets deleted:
Guarantee for Liability Coverage
Guarantee made this [date] by [name of guaranteeing entity], a business corporation organized under the laws of [if incorporated within the United States insert "the State of _______ " and insert name of State; if incorporated outside the United States insert the name of the country in which incorporated, the principal place of business within the United States, and the name and address of the registered agent in the State of the principal place of business], herein referred to as guarantor. This guarantee is made on behalf of [owner or operator] of [business address], which is one of the following: "our subsidiary;" "a subsidiary of [name and address of common parent corporation], or which guarantor is a subsidiary;" or "an entity with which guarantor has a substantial business relationship, as defined in APC&EC Rule No. 23 § 264.141(h)]", to any and all third parties who have sustained or may sustain bodily injury or property damage caused by
[sudden and/or nonsudden] accidental occurrences arising from operation of the facility(ies)
covered by this guarantee.
Recitals
1. Guarantor
meets or exceeds the financial test criteria and agrees to comply with the
reporting requirements for guarantors as specified in Rule No. 23 §§
264.147(g) and 265.147(g).
2.
[Owner or operator] owns or operates the following hazardous waste management
facility(ies) covered by this guarantee: [List for each facility: EPA
identification number, name, and address; and if guarantor is incorporated
outside the United States list the name and address of the guarantor's
registered agent in each State.] This corporate guarantee satisfies RCRA
third-party liability requirements for [insert "sudden" or "nonsudden" or "both
sudden and nonsudden"] accidental occurrences in above-named owner or operator
facilities for coverage in the amount of [insert dollar amount] for each
occurrence and [insert dollar amount] annual aggregate.
3. For value received from [owner or
operator], guarantor guarantees to any and all third parties who have sustained
or may sustain bodily injury or property damage caused by [sudden and/or
nonsudden] accidental occurrences arising from operations of the facility(ies)
covered by this guarantee that in the event that [owner or operator] fails to
satisfy a judgment or award based on a determination of liability for bodily
injury or property damage to third parties caused by [sudden and/or nonsudden]
accidental occurrences, arising from the operation of the above-named
facilities, or fails to pay an amount agreed to in settlement of a claim
arising from or alleged to arise from such injury or damage, the guarantor will
satisfy such judgment(s), award(s) or settlement agreement(s) up to the limits
of coverage identified above.
4.
Such obligation does not apply to any of the following:
(a) Bodily injury or property damage for
which [insert owner or operator] is obligated to pay damages by reason of the
assumption of liability in a contract or agreement. This exclusion does not
apply to liability for damages that [insert owner or operator] would be
obligated to pay in the absence of the contract or agreement.
(b) Any obligation of [insert owner or
operator] under a workers' compensation, disability benefits, or unemployment
compensation law or any similar law.
(c) Bodily injury to:
(1) An employee of [insert owner or operator]
arising from, and in the course of, employment by [insert owner or operator];
or
(2) The spouse, child, parent,
brother, or sister of that employee as a consequence of, or arising from, and
in the course of employment by [insert owner or operator]. This exclusion
applies:
(A) Whether [insert owner or
operator] may be liable as an employer or in any other capacity; and
(B) To any obligation to share damages with
or repay another person who must pay damages because of the injury to persons
identified in paragraphs (1) and (2).
(d) Bodily injury or property damage arising
out of the ownership, maintenance, use, or entrustment to others of any
aircraft, motor vehicle or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied
by [insert owner or operator];
(2)
Premises that are sold, given away or abandoned by [insert owner or operator]
if the property damage arises out of any part of those premises;
(3) Property loaned to [insert owner or
operator];
(4) Personal property in
the care, custody or control of [insert owner or operator];
(5) That particular part of real property on
which [insert owner or operator] or any contractors or subcontractors working
directly or indirectly on behalf of [insert owner or operator] are performing
operations, if the property damage arises out of these operations.
5. Guarantor agrees that
if, at the end of any fiscal year before termination of this guarantee, the
guarantor fails to meet the financial test criteria, guarantor shall send
within 90 days, by certified mail, notice to the Director and to [owner or
operator] that he intends to provide alternate liability coverage as specified
in Rule No. 23 § 264.147 and 265.147, as applicable, in the name of [owner
or operator]. Within 120 days after the end of such fiscal year, the guarantor
shall establish such liability coverage unless [owner or operator] has done
so.
6. The guarantor agrees to
notify the Director by certified mail of a voluntary or involuntary proceeding
under title 11 (Bankruptcy), U.S. Code, naming guarantor as debtor, within 10
days after commencement of the proceeding.
7. Guarantor agrees that within 30 days after
being notified by the Director of a determination that guarantor no longer
meets the financial test criteria or that he is disallowed from continuing as a
guarantor, he shall establish alternate liability coverage as specified in Rule
No. 23 § 264.147 or 265.147 in the name of [owner or operator], unless
[owner or operator] has done so.
8.
Guarantor reserves the right to modify this agreement to take into account
amendment or modification of the liability requirements set by Rule No. 23
§§ 264.147 and 265.147, provided that such modification shall become
effective only if the Director does not disapprove the modification within 30
days of receipt of notification of the modification.
9. Guarantor agrees to remain bound under
this guarantee for so long as [owner or operator] must comply with the
applicable requirements of Rule No. 23 §§ 264.147 and 265.147 for the
above-listed facility(ies), except as provided in paragraph 10 of this
agreement.
10. [Insert the
following language if the guarantor is (a) a direct or higher-tier corporate
parent, or (b) a firm whose parent corporation is also the parent corporation
of the owner or operator]: Guarantor may terminate this guarantee by sending
notice by certified mail to the Director and to [owner or operator], provided
that this guarantee may not be terminated unless and until [the owner or
operator] obtains, and the Director approve(s), alternate liability coverage
complying with Rule No. 23 §§ 264.147 and/or 265.147.
[Insert the following language if the guarantor is a firm qualifying as a guarantor due to its "substantial business relationship" with the owner or operator]: Guarantor may terminate this guarantee 120 days following receipt of notification, through certified mail, by the Director and by [the owner or operator].
11. Guarantor hereby expressly waives notice
of acceptance of this guarantee by any party.
12. Guarantor agrees that this guarantee is
in addition to and does not affect any other responsibility or liability of the
guarantor with respect to the covered facilities.
13. The Guarantor shall satisfy a third-party
liability claim only on receipt of one of the following documents:
(a) Certification from the Principal and the
third-party claimant(s) that the liability claim should be paid. The
certification must be worded as follows, except that instructions in brackets
are to be replaced with the relevant information and the brackets deleted:
Certification of Valid Claim
The undersigned, as parties [insert Principal] and [insert name and address of third-party claimant(s)], hereby certify that the claim of bodily injury and/or property damage caused by a [sudden or nonsudden] accidental occurrence arising from operating [Principal's hazardous waste treatment, storage, or disposal facility should be paid in the amount of $
[Signatures] _______
Principal _______
(Notary) Date _______
[Signatures] _______
Claimant(s) _______
(Notary) Date) _______
A valid final court order establishing a judgment against the Principal for bodily injury or property damage caused by sudden or nonsudden accidental occurrences arising from the operation of the Principal's facility or group of facilities.
14. In the event of combination of this
guarantee with another mechanism to meet liability requirements, this guarantee
will be considered [insert "primary" or "excess"] coverage.
I hereby certify that the wording of the guarantee is identical to the wording specified in Rule No. 23 § 264.151(h)(2) as such rule s were constituted on the date shown immediately below.
Effective date: _______
[Name of guarantor] _______
Authorized signature for guarantor] _______
[Name of person signing] _______
[Title of person signing] _______
Signature of witness of notary: _______
(i) A hazardous waste facility liability
endorsement as required in § 264.147 or § 265.147 must be worded as
follows, except that instructions in brackets are to be replaced with the
relevant information and the brackets deleted:
Hazardous Waste Facility Liability Endorsement
1. This
endorsement certifies that the policy to which the endorsement is attached
provides liability insurance covering bodily injury and property damage in
connection with the insured's obligation to demonstrate financial
responsibility under APC&EC Rule No. 23 § 264.147 or 265.147. The
coverage applies at [list EPA Identification Number, name, and address for each
facility] for [insert "sudden accidental occurrences," "nonsudden accidental
occurrences," or "sudden and nonsudden accidental occurrences"; if coverage is
for multiple facilities and the coverage is different for different facilities,
indicate which facilities are insured for sudden accidental occurrences, which
are insured for nonsudden accidental occurrences, and which are insured for
both]. The limits of liability are [insert the dollar amount of the "each
occurrence" and "annual aggregate" limits of the Insurer's liability],
exclusive of legal defense costs.
2. The insurance afforded with respect to
such occurrences is subject to all of the terms and conditions of the policy;
provided, however, that any provisions of the policy inconsistent with
subsections (a) through (e) of this Paragraph 2 are hereby amended to conform
with subsections (a) through (e):
(a)
Bankruptcy or insolvency of the insured shall not relieve the Insurer of its
obligations under the policy to which this endorsement is attached.
(b) The Insurer is liable for the payment of
amounts within any deductible applicable to the policy, with a right of
reimbursement by the insured for any such payment made by the Insurer. This
provision does not apply with respect to that amount of any deductible for
which coverage is demonstrated as specified in APC&EC Rule No. 23 §
264.147(f) or 265.147(f).
(c)
Whenever requested by the Director of the Division of Environmental Quality
(DEQ), the Insurer agrees to furnish to the Director a signed duplicate
original of the policy and all endorsements.
(d) Cancellation of this endorsement, whether
by the Insurer, the insured, a parent corporation providing insurance coverage
for its subsidiary, or by a firm having an insurable interest in and obtaining
liability insurance on behalf of the owner or operator of the hazardous waste
management facility, will be effective only upon written notice and only after
the expiration of 60 days after a copy of such written notice is received by
the Director.
(e) Any other
termination of this endorsement will be effective only upon written notice and
only after the expiration of thirty (30) days after a copy of such written
notice is received by the Director.
Attached to and forming part of policy No. issued by [name of Insurer], herein called the Insurer, of [address of Insurer] to [name of insured] of [address] this day of, 19 . The effective date of said policy is day of, 19.
I hereby certify that the wording of this endorsement is identical to the wording specified in APC&EC Rule No. 23 § 264.151(i) as such rule was constituted on the date first above written, and that the Insurer is licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more States.
[Signature of Authorized Representative of Insurer]
[Type name]
[Title], Authorized Representative of [name of Insurer]
[Address of Representative]
(j) A certificate of liability insurance as
required in § 264.147 or § 265.147 must be worded as follows, except
that the instructions in brackets are to be replaced with the relevant
information and the brackets deleted:
Hazardous Waste Facility Certificate of Liability Insurance
1. [Name of
Insurer], (the "Insurer"), of [address of Insurer] hereby certifies that it has
issued liability insurance covering bodily injury and property damage to [name
of insured], (the "insured"), of [address of insured] in connection with the
insured's obligation to demonstrate financial responsibility under APC&EC
Rule No. 23 § 264.147 or 265.147. The coverage applies at [list EPA
Identification Number, name, and address for each facility] for [insert "sudden
accidental occurrences," "nonsudden accidental occurrences," or "sudden and
nonsudden accidental occurrences"; if coverage is for multiple facilities and
the coverage is different for different facilities, indicate which facilities
are insured for sudden accidental occurrences, which are insured for nonsudden
accidental occurrences, and which are insured for both]. The limits of
liability are [insert the dollar amount of the "each occurrence" and "annual
aggregate" limits of the Insurer's liability], exclusive of legal defense
costs. The coverage is provided under policy number, issued on [date]. The
effective date of said policy is [date].
2. The Insurer further certifies the
following with respect to the insurance described in Paragraph 1:
(a) Bankruptcy or insolvency of the insured
shall not relieve the Insurer of its obligations under the policy.
(b) The Insurer is liable for the payment of
amounts within any deductible applicable to the policy, with a right of
reimbursement by the insured for any such payment made by the Insurer. This
provision does not apply with respect to that amount of any deductible for
which coverage is demonstrated as specified in APC&EC Rule No. 23 §
264.147(f) or 265.147(f).
(c)
Whenever requested by the Director of the Division of Environmental Quality
(DEQ), the Insurer agrees to furnish to the Director a signed duplicate
original of the policy and all endorsements.
(d) Cancellation of the insurance, whether by
the insurer, the insured, a parent corporation providing insurance coverage for
its subsidiary, or by a firm having an insurable interest in and obtaining
liability insurance on behalf of the owner or operator of the hazardous waste
management facility, will be effective only upon written notice and only after
the expiration of 60 days after a copy of such written notice is received by
the Director.
(e) Any other
termination of the insurance will be effective only upon written notice and
only after the expiration of thirty (30) days after a copy of such written
notice is received by the Director.
I hereby certify that the wording of this instrument is identical to the wording specified in APC&EC Rule No. 23 § 264.151(j) as such rule was constituted on the date first above written, and that the Insurer is licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more States.
[Signature of authorized representative of Insurer]
[Type name]
[Title], Authorized Representative of [name of Insurer]
[Address of Representative]
(k) A letter of credit, as
specified in § 264.147(h) or § 265.147(h) of this rule, must be
worded as follows, except that instructions in brackets are to be replaced with
the relevant information and the brackets deleted:
Irrevocable Standby Letter of Credit
Name and Address of Issuing Institution
Director
Division of Environmental Quality
5301 Northshore Drive
North Little Rock, Arkansas 72118
Dear Sir:
We hereby establish our Irrevocable Standby Letter of Credit No. in the favor of any and all third-party liability claimants, at the request and for the account of [owner's or operator's name and address] for third-party liability awards or settlements up to [in words] U.S. dollars $ per occurrence and the annual aggregate amount of [in words] U.S. dollars $, for sudden accidental occurrences and/or for third-party liability awards or settlements up to the amount of [in words] U.S. dollars $ per occurrence, and the annual aggregate amount of [in words] U.S. dollars $, for nonsudden accidental occurrences available upon presentation of a sight draft, bearing reference to this letter of credit No., and (1) a signed certificate reading as follows:
Certification of Valid Claim
The undersigned, as parties [insert principal] and [insert name and address of third-party claimants], hereby certify that the claim of bodily injury [and/or] property damage caused by a [sudden or nonsudden] accidental occurrence arising from operations of [principal's] hazardous waste treatment, storage, or disposal facility should be paid in the amount of $. We hereby certify that the claim does not apply to any of the following:
(a) Bodily injury or property damage for
which [insert principal] is obligated to pay damages by reason of the
assumption of liability in a contract or agreement. This exclusion does not
apply to liability for damages that [insert principal] would be obligated to
pay in the absence of the contract or agreement.
(b) Any obligation of [insert principal]
under a workers' compensation, disability benefits, or unemployment
compensation law or any similar law.
(c) Bodily injury to:
(1) An employee of [insert principal] arising
from, and in the course of, employment by [insert principal]; or
(2) The spouse, child, parent, brother or
sister of that employee as a consequence of, or arising from, and in the course
of employment by [insert principal].
This exclusion applies:
(A) Whether [insert principal] may be liable
as an employer or in any other capacity; and
(B) To any obligation to share damages with
or repay another person who must pay damages because of the injury to persons
identified in paragraphs (1) and (2).
(d) Bodily injury or property damage arising
out of the ownership, maintenance, use, or entrustment to others of any
aircraft, motor vehicle or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied
by [insert principal];
(2) Premises
that are sold, given away or abandoned by [insert principal] if the property
damage arises out of any part of those premises;
(3) Property loaned to [insert
principal];
(4) Personal property
in the care, custody or control of [insert principal];
(5) That particular part of real property on
which [insert principal] or any contractors or subcontractors working directly
or indirectly on behalf of [insert principal] are performing operations, if the
property damage arises out of these operations.
[Signatures]
Principal
[Signatures]
Claimant(s)
or (2) a valid final court order establishing a judgment against the principal for bodily injury or property damage caused by a sudden or non-sudden accidental occurrence arising from operation of the principal's facility or group of facilities.
This letter of credit is effective as of [date] and shall expire on [date at least one year later], but such expiration date shall be automatically extended for a period of [at least one year] on [date] and on each successive expiration date, unless, at least 120 days before the current expiration date, we notify you, the DEQ Director, and [owner's or operator's name] by certified mail that we have decided not to extend this letter of credit beyond the current expiration date.
Whenever this letter of credit is drawn on under and in compliance with the terms of this credit,
we shall duly honor such draft upon presentation to us.
[Insert the following language if a standby trust fund is not being used:
"In the event that this letter of credit is used in combination with another mechanism for liability coverage, this letter of credit shall be considered [insert "primary" or "excess"] coverage."]
We certify that the wording of this letter of credit is identical to the wording specified in
APC&EC Rule No. 23 § 264.151(k) as such rules were constituted on the date shown immediately below.
[Signature(s) and title(s) of official(s) of issuing institution]
[Date]
This credit is subject to [insert "the most recent edition of the Uniform Customs and Practice for Documentary Credits, published and copyrighted by the International Chamber of Commerce" or "the Uniform Commercial Code"].
(l) A surety bond, as specified in §
264.147(h) or § 265.147(h) of this rule, must be worded as follows: except
that instructions in brackets are to be replaced with the relevant information
and the brackets deleted:
Payment Bond
Surety Bond No. [Insert number]
Parties [Insert name and address of owner or operator], Principal, incorporated in [Insert State of incorporation] of [Insert city and State of principal place of business] and [Insert name and address of surety company(ies)], Surety Company(ies), of [Insert surety(ies) place of business].
EPA Identification Number, name, and address for each facility guaranteed by this bond:
Sudden accidental occurrences
Nonsudden accidental occurrences
Penal Sum Per Occurrence
[insert amount]
[insert amount]
Annual Aggregate
[insert amount]
[insert amount]
Purpose: This is an agreement between the Surety(ies) and the Principal under which the Surety(ies), its(their) successors and assignees, agree to be responsible for the payment of claims against the Principal for bodily injury and/or property damage to third parties caused by ["sudden" and/or "nonsudden"] accidental occurrences arising from operations of the facility or group of facilities in the sums prescribed herein; subject to the governing provisions and the following conditions.
Governing Provisions:
(1) Section 3004 of the Resource Conservation
and Recovery Act of 1976, as amended.
(2) Rules and regulations of the Division of
Environmental Quality, (DEQ) particularly APC&EC Rule No. 23 §
["§ 264.147" or "§ 265.147"] (if applicable).
(3) Rules and regulations of the U.S.
Environmental Protection Agency, 40 CFR Part ["264.147" or "265.147", as
applicable].
Conditions:
(1) The
Principal is subject to the applicable governing provisions that require the
Principal to have and maintain liability coverage for bodily injury and
property damage to third parties caused by ["sudden" and/or "nonsudden"]
accidental occurrences arising from operations of the facility or group of
facilities. Such obligation does not apply to any of the following:
(a) Bodily injury or property damage for
which [insert principal] is obligated to pay damages by reason of the
assumption of liability in a contract or agreement. This exclusion does not
apply to liability for damages that [insert principal] would be obligated to
pay in the absence of the contract or agreement.
(b) Any obligation of [insert principal]
under a workers' compensation, disability benefits, or unemployment
compensation law or similar law.
(c) Bodily injury to:
(1) An employee of [insert principal] arising
from, and in the course of, employment by [insert principal]; or
(2) The spouse, child, parent, brother or
sister of that employee as a consequence of, or arising from, and in the course
of employment by [insert principal]. This exclusion applies:
(A) Whether [insert principal] may be liable
as an employer or in any other capacity; and
(B) To any obligation to share damages with
or repay another person who must pay damages because of the injury to persons
identified in paragraphs (1) and (2).
(d) Bodily injury or property damage arising
out of the ownership, maintenance, use, or entrustment to others of any
aircraft, motor vehicle or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied
by [insert principal];
(2) Premises
that are sold, given away or abandoned by [insert principal] if the property
damage arises out of any part of those premises;
(3) Property loaned to [insert
principal];
(4) Personal property
in the care, custody or control of [insert principal];
(5) That particular part of real property on
which [insert principal] or any contractors or subcontractors working directly
or indirectly on behalf of [insert principal] are performing operations, if the
property damage arises out of these operations.
(2) This bond assures that the Principal will
satisfy valid third party liability claims, as described in condition
1.
(3) If the Principal fails to
satisfy a valid third party liability claim, as described above, the
Surety(ies) becomes liable on this bond obligation.
(4) The Surety(ies) shall satisfy a third
party liability claim only upon the receipt of one of the following documents:
(a) Certification from the Principal and the
third party claimant(s) that the liability claim should be paid. The
certification must be worded as follows, except that instructions in brackets
are to be replaced with the relevant information and the brackets deleted:
Certification of Valid Claim
The undersigned, as parties [insert name of Principal] and [insert name and address of third party claimant(s)], hereby certify that the claim of bodily injury and/or property damage caused by a [sudden or nonsudden] accidental occurrence arising from operating [Principal's] hazardous waste treatment, storage, or disposal facility should be paid in the amount of $[ ].
[Signature]
Principal
[Notary] Date
[Signature(s)]
Claimant(s)
[Notary] Date
or
(b) A
valid final court order establishing a judgment against the Principal for
bodily injury or property damage caused by sudden or nonsudden accidental
occurrences arising from the operation of the Principal's facility or group of
facilities.
(5) In the
event of combination of this bond with another mechanism for liability
coverage, this bond will be considered [insert "primary" or "excess"]
coverage.
(6) The liability of the
Surety(ies) shall not be discharged by any payment or succession of payments
hereunder, unless and until such payment or payments shall amount in the
aggregate to the penal sum of the bond. In no event shall the obligation of the
Surety(ies) hereunder exceed the amount of said annual aggregate penal sum,
provided that the Surety(ies) furnish(es) notice to the Director forthwith of
all claims filed and payments made by the Surety(ies) under this
bond.
(7) The Surety(ies) may
cancel the bond by sending notice of cancellation by certified mail to the
Principal and the DEQ Director, provided, however, that cancellation shall not
occur during the 120 days beginning on the date of receipt of the notice of
cancellation by the Principal and the Director, as evidenced by the return
receipt.
(8) The Principal may
terminate this bond by sending written notice to the Surety(ies) and to the
Director.
(9) The Surety(ies)
hereby waive(s) notification of amendments to applicable laws, statutes, rules
and regulations and agree(s) that no such amendment shall in any way alleviate
its (their) obligation on this bond.
(10) This bond is effective from [insert
date] (12:01 a.m., standard time, at the address of the Principal as stated
herein) and shall continue in force until terminated as described above.
In Witness Whereof, the Principal and Surety(ies) have executed this Bond and have affixed their seals on the date set forth above.
The persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on behalf of the Principal and Surety(ies) and that the wording of this surety bond is identical to the wording specified in APC&EC Rule No. 23 § 264.151(1), as such rule s were constituted on the date this bond was executed.
PRINCIPAL
[Signature(s)]
[Name(s)]
[Title(s)]
[Corporate Seal]
CORPORATE SURETY[IES]
[Name and address]
State of incorporation:
Liability Limit: $
[Signature(s)]
[Name(s) and title(s)]
[Corporate seal]
[For every co-surety, provide signature(s), corporate seal, and other information in the same manner as for Surety above.]
Bond premium: $
(m)
(1) A
trust agreement, as specified in § 264.147(j) or § 265.147(j) of this
rule, must be worded as follows, except that instructions in brackets are to be
replaced with the relevant information and the brackets deleted: Trust
Agreement
Trust Agreement, the "Agreement," entered into as of [date] by and between [name of the owner or operator] a [name of State] [insert "corporation," "partnership," "association," or "proprietorship"], the "Grantor," and [name of corporate trustee], [insert, "incorporated in the State of " or "a national bank"], the "trustee."
Whereas, the United States Environmental Protection Agency, "EPA," an agency of the United States Government, has established certain regulations applicable to the Grantor, requiring that an owner or operator of a hazardous waste management facility or group of facilities must demonstrate financial responsibility for bodily injury and property damage to third parties caused by sudden accidental and/or nonsudden accidental occurrences arising from operations of the facility or group of facilities.
Whereas, the Grantor has elected to establish a trust to assure all or part of such financial responsibility for the facilities identified herein.
Whereas, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the trustee under this agreement, and the Trustee is willing to act as trustee.
Now, therefore, the Grantor and the Trustee agree as follows:
Section 1. Definitions. As
used in this Agreement:
(a) The term "Grantor"
means the owner or operator who enters into this Agreement and any successors
or assigns of the Grantor.
(b) The
term "Trustee" means the Trustee who enters into this Agreement and any
successor Trustee.
Section
2. Identification of Facilities. This agreement pertains to the
facilities identified on attached schedule A [on schedule A, for each facility
list the EPA Identification Number, name, and address of the facility(ies) and
the amount of liability coverage, or portions thereof, if more than one
instrument affords combined coverage as demonstrated by this
Agreement].
Section 3.
Establishment of Fund. The Grantor and the Trustee hereby establish a trust
fund, hereinafter the "Fund," for the benefit of any and all third parties
injured or damaged by [sudden and/or non-sudden] accidental occurrences arising
from operation of the facility(ies) covered by this guarantee, in the amounts
of [up to $1 million] per occurrence and [up to $2 million] annual aggregate
for sudden accidental occurrences and [up to $3 million] per occurrence and [up
to $6 million] annual aggregate for non-sudden occurrences, except that the
Fund is not established for the benefit of third parties for the following:
(a) Bodily injury or property damage for
which [insert Grantor] is obligated to pay damages by reason of the assumption
of liability in a contract or agreement. This exclusion does not apply to
liability for damages that [insert Grantor] would be obligated to pay in the
absence of the contract or agreement.
(b) Any obligation of [insert Grantor] under
a workers' compensation, disability benefits, or unemployment compensation law
or any similar law.
(c) Bodily
injury to:
(1) An employee of [insert
Grantor] arising from, and in the course of, employment by [insert Grantor];
or
(2) The spouse, child, parent,
brother or sister of that employee as a consequence of, or arising from, and in
the course of employment by [insert Grantor].
This exclusion applies:
(A) Whether [insert Grantor] may be liable as
an employer or in any other capacity; and
(B) To any obligation to share damages with
or repay another person who must pay damages because of the injury to persons
identified in paragraphs (1) and (2).
(d) Bodily injury or property damage arising
out of the ownership, maintenance, use, or entrustment to others of any
aircraft, motor vehicle or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied
by [insert Grantor];
(2) Premises
that are sold, given away or abandoned by [insert Grantor] if the property
damage arises out of any part of those premises;
(3) Property loaned to [insert
Grantor];
(4) Personal property in
the care, custody or control of [insert Grantor];
(5) That particular part of real property on
which [insert Grantor] or any contractors or subcontractors working directly or
indirectly on behalf of [insert Grantor] are performing operations, if the
property damage arises out of these operations.
In the event of combination with another mechanism for liability coverage, the fund shall be considered [insert "primary" or "excess"] coverage.
The Fund is established initially as consisting of the property, which is acceptable to the Trustee, described in Schedule B attached hereto. Such property and any other property subsequently transferred to the Trustee is referred to as the Fund, together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant to this Agreement. The Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the Grantor, any payments necessary to discharge any liabilities of the Grantor established by DEQ.
Section 4. Payment for Bodily Injury or
Property Damage. The Trustee shall satisfy a third party liability claim by
making payments from the Fund only upon receipt of one of the following
documents;
(a) Certification from the Grantor
and the third party claimant(s) that the liability claim should be paid. The
certification must be worded as follows, except that instructions in brackets
are to be replaced with the relevant information and the brackets deleted:
Certification of Valid Claim
The undersigned, as parties [insert Grantor] and [insert name and address of third party claimant(s)], hereby certify that the claim of bodily injury and/or property damage caused by a [sudden or nonsudden] accidental occurrence arising from operating [Grantor's] hazardous waste treatment, storage, or disposal facility should be paid in the amount of $[ ].
[Signatures]
Grantor
[Signatures]
Claimant(s)
(b) A valid final court order establishing a
judgment against the Grantor for bodily injury or property damage caused by
sudden or nonsudden accidental occurrences arising from the operation of the
Grantor's facility or group of facilities.
Section 5. Payments Comprising the Fund.
Payments made to the Trustee for the Fund shall consist of cash or securities
acceptable to the Trustee.
Section
6. Trustee Management. The Trustee shall invest and reinvest the
principal and income, in accordance with general investment policies and
guidelines which the Grantor may communicate in writing to the Trustee from
time to time, subject, however, to the provisions of this section. In
investing, reinvesting, exchanging, selling, and managing the Fund, the Trustee
shall discharge his duties with respect to the trust fund solely in the
interest of the beneficiary and with the care, skill, prudence, and diligence
under the circumstance then prevailing which persons of prudence, acting in a
like capacity and familiar with such matters, would use in the conduct of an
enterprise of a like character and with like aims; except that:
(i) Securities or other obligations of the
Grantor, or any other owner or operator of the facilities, or any of their
affiliates as defined in the Investment Company Act of 1940, as amended,
15 U.S.C.
80a-2.(a), shall not be acquired or held
unless they are securities or other obligations of the Federal or a State
government;
(ii) The Trustee is
authorized to invest the Fund in time or demand deposits of the Trustee, to the
extent insured by an agency of the Federal or State government; and
(iii) The Trustee is authorized to hold cash
awaiting investment or distribution uninvested for a reasonable time and
without liability for the payment of interest thereon.
Section 7. Commingling and Investment. The
Trustee is expressly authorized in its discretion:
(a) To transfer from time to time any or all
of the assets of the Fund to any common commingled, or collective trust fund
created by the Trustee in which the fund is eligible to participate, subject to
all of the provisions thereof, to be commingled with the assets of other trusts
participating therein; and
(b) To
purchase shares in any investment company registered under the Investment
Company Act of 1940, 15 U.S.C. 81a-1 et seq., including one which may be
created, managed, underwritten, or to which investment advice is rendered or
the shares of which are sold by the Trustee. The Trustee may vote such shares
in its discretion.
Section
8. Express Powers of Trustee. Without in any way limiting the
powers and discretions conferred upon the Trustee by the other provisions of
this Agreement or by law, the Trustee is expressly authorized and empowered:
(a) To sell, exchange, convey, transfer, or
otherwise dispose of any property held by it, by public or private sale. No
person dealing with the Trustee shall be bound to see to the application of the
purchase money or to inquire into the validity or expediency of any such sale
or other disposition;
(b) To make,
execute, acknowledge, and deliver any and all documents of transfer and
conveyance and any and all other instruments that may be necessary or
appropriate to carry out the powers herein granted;
(c) To register any securities held in the
Fund in its own name or in the name of a nominee and to hold any security in
bearer form or in book entry, or to combine certificates representing such
securities with certificates of the same issue held by the Trustee in other
fiduciary capacities, or to deposit or arrange for the deposit of such
securities in a qualified central depositary even though, when so deposited,
such securities may be merged and held in bulk in the name of the nominee of
such depositary with other securities deposited therein by another person, or
to deposit or arrange for the deposit of any securities issued by the United
States Government, or any agency or instrumentality thereof, with a Federal
Reserve bank, but the books and records of the Trustee shall at all times show
that all such securities are part of the Fund;
(d) To deposit any cash in the Fund in
interest-bearing accounts maintained or savings certificates issued by the
Trustee, in its separate corporate capacity, or in any other banking
institution affiliated with the Trustee, to the extent insured by an agency of
the Federal or State government; and
(e) To compromise or otherwise adjust all
claims in favor of or against the Fund.
Section 9. Taxes and Expenses. All taxes of
any kind that may be assessed or levied against or in respect of the Fund and
all brokerage commissions incurred by the Fund shall be paid from the Fund. All
other expenses incurred by the Trustee in connection with the administration of
this Trust, including fees for legal services rendered to the Trustee, the
compensation of the Trustee to the extent not paid directly by the Grantor, and
all other proper charges and disbursements of the Trustee shall be paid from
the Fund.
Section 10. Annual
Valuations. The Trustee shall annually, at least 30 days prior to the
anniversary date of establishment of the Fund, furnish to the Grantor and to
the Director, DEQ a statement confirming the value of the Trust. Any securities
in the Fund shall be valued at market value as of no more than 60 days prior to
the anniversary date of establishment of the Fund. The failure of the Grantor
to object in writing to the Trustee within 90 days after the statement has been
furnished to the Grantor and the Director shall constitute a conclusively
binding assent by the Grantor barring the Grantor from asserting any claim or
liability against the Trustee with respect to matters disclosed in the
statement.
Section 11. Advice of
Counsel. The Trustee may from time to time consult with counsel, who may be
counsel to the Grantor with respect to any question arising as to the
construction of this Agreement or any action to be taken hereunder. The Trustee
shall be fully protected, to the extent permitted by law, in acting upon the
advice of counsel.
Section 12.
Trustee Compensation. The Trustee shall be entitled to reasonable compensation
for its services as agreed upon in writing from time to time with the
Grantor.
Section 13. Successor
Trustee. The Trustee may resign or the Grantor may replace the Trustee, but
such resignation or replacement shall not be effective until the Grantor has
appointed a successor trustee and this successor accepts the appointment. The
successor trustee shall have the same powers and duties as those conferred upon
the Trustee hereunder. Upon the successor trustee's acceptance of the
appointment, the Trustee shall assign, transfer, and pay over to the successor
trustee the funds and properties then constituting the Fund. If for any reason
the Grantor cannot or does not act in the event of the resignation of the
Trustee, the Trustee may apply to a court of competent jurisdiction for the
appointment of a successor trustee or for instructions. The successor trustee
shall specify the date on which it assumes administration of the trust in a
writing sent to the Grantor, the Director, and the present Trustee by certified
mail 10 days before such change becomes effective. Any expenses incurred by the
Trustee as a result of any of the acts contemplated by this section shall be
paid as provided in Section 9.
Section
14. Instructions to the Trustee. All orders, requests, and
instructions by the Grantor to the Trustee shall be in writing, signed by such
persons as are designated in the attached Exhibit A or such other designees as
the Grantor may designate by amendments to Exhibit A. The Trustee shall be
fully protected in acting without inquiry in accordance with the Grantor's
orders, requests, and instructions. All orders, requests, and instructions by
the Director to the Trustee shall be in writing, signed by the Director, or his
designee, and the Trustee shall act and shall be fully protected in acting in
accordance with such orders, requests, and instructions. The Trustee shall have
the right to assume, in the absence of written notice to the contrary, that no
event constituting a change or a termination of the authority of any person to
act on behalf of the Grantor or DEQ hereunder has occurred. The Trustee shall
have no duty to act in the absence of such orders, requests, and instructions
from the Grantor and/or EPA, except as provided for herein.
Section 15. Notice of Nonpayment. If a
payment for bodily injury or property damage is made under Section 4 of this
trust, the Trustee shall notify the Grantor of such payment and the amount(s)
thereof within five (5) working days. The Grantor shall, on or before the
anniversary date of the establishment of the Fund following such notice, either
make payments to the Trustee in amounts sufficient to cause the trust to return
to its value immediately prior to the payment of claims under Section 4, or
shall provide written proof to the Trustee that other financial assurance for
liability coverage has been obtained equalling the amount necessary to return
the trust to its value prior to the payment of claims. If the Grantor does not
either make payments to the Trustee or provide the Trustee with such proof, the
Trustee shall within 10 working days after the anniversary date of the
establishment of the Fund provide a written notice of nonpayment to the
Director.
Section 16. Amendment of
Agreement. This Agreement may be amended by an instrument in writing executed
by the Grantor, the Trustee, and the Director, or by the Trustee and the
Director if the Grantor ceases to exist.
Section
17. Irrevocability and Termination. Subject to the right of the
parties to amend this Agreement as provided in Section 16, this Trust shall be
irrevocable and shall continue until terminated at the written agreement of the
Grantor, the Trustee, and the Director, or by the Trustee and the Director, if
the Grantor ceases to exist. Upon termination of the Trust, all remaining trust
property, less final trust administration expenses, shall be delivered to the
Grantor.
The Director will agree to termination of the Trust when the owner or operator substitutes alternate financial assurance as specified in this section.
Section 18.
Immunity and Indemnification. The Trustee shall not incur personal liability of
any nature in connection with any act or omission, made in good faith, in the
administration of this Trust, or in carrying out any directions by the Grantor
or the Director issued in accordance with this Agreement. The Trustee shall be
indemnified and saved harmless by the Grantor or from the Trust Fund, or both,
from and against any personal liability to which the Trustee may be subjected
by reason of any act or conduct in its official capacity, including all
expenses reasonably incurred in its defense in the event the Grantor fails to
provide such defense.
Section 19.
Choice of Law. This Agreement shall be administered, construed, and enforced
according to the laws of the State of Arkansas.
Section 20. Interpretation. As used in this
Agreement, words in the singular include the plural and words in the plural
include the singular. The descriptive headings for each section of this
Agreement shall not affect the interpretation or the legal efficacy of this
Agreement.
In Witness Whereof the parties have caused this Agreement to be executed by their respective officers duly authorized and their corporate seals to be hereunto affixed and attested as of the date first above written. The parties below certify that the wording of this Agreement is identical to the wording specified in APC&EC Rule No. 23 § 264.151(m) as such rules were constituted on the date first above written.
[Signature of Grantor]
[Title]
Attest:
[Title]
[Seal]
[Signature of Trustee]
Attest:
[Title]
[Seal]
(2) The following is an example of the
certification of acknowledgement which must accompany the trust agreement for a
trust fund as specified in §§ 264.147(j) or 265.147(j) of this rule.
State requirements may differ on the proper content of this acknowledgement.
State of
County of
On this [date], before me personally came [owner or operator] to me known, who, being by me duly sworn, did depose and say that she/he resides at [address], that she/he is [title] of [corporation], the corporation described in and which executed the above instrument; that she/he knows the seal of said corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/his name thereto by like order.
[Signature of Notary Public]
(n)
(1) A
standby trust agreement, as specified in § 264.147(h) or 265.147(h) of
this rule, must be worded as follows, except that instructions in brackets are
to be replaced with the relevant information and the brackets deleted:
Standby Trust Agreement
Trust Agreement, the "Agreement," entered into as of [date] by and between [name of the owner or operator] a [name of a State] [insert "corporation," "partnership," "association," or "proprietorship"], the "Grantor," and [name of corporate trustee], [insert, "incorporated in the State of _______ " or "a national bank"], the "trustee."
Whereas the United States Environmental Protection Agency, "EPA," an agency of the United States Government, and the Division of Environmental Quality, an agency of the State of Arkansas, have established certain regulations applicable to the Grantor, requiring that an owner or operator of a hazardous waste management facility or group of facilities must demonstrate financial responsibility for bodily injury and property damage to third parties caused by sudden accidental and/or nonsudden accidental occurrences arising from operations of the facility or group of facilities.
Whereas, the Grantor has elected to establish a standby trust into which the proceeds from a letter of credit may be deposited to assure all or part of such financial responsibility for the facilities identified herein.
Whereas, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the trustee under this agreement, and the Trustee is willing to act as trustee.
Now, therefore, the Grantor and the Trustee agree as follows:
Section 1. Definitions. As
used in this Agreement:
(a) The term "Grantor"
means the owner or operator who enters into this Agreement and any successors
or assigns of the Grantor.
(b) The
term "Trustee" means the Trustee who enters into this Agreement and any
successor Trustee.
Section
2. Identification of Facilities. This agreement pertains to the
facilities identified on attached schedule A [on schedule A, for each facility
list the EPA Identification Number, name, and address of the facility(ies) and
the amount of liability coverage, or portions thereof, if more than one
instrument affords combined coverage as demonstrated by this
Agreement].
Section 3.
Establishment of Fund. The Grantor and the Trustee hereby establish a standby
trust fund, hereafter the "Fund," for the benefit of any and all third parties
injured or damaged by [sudden and/or nonsudden] accidental occurrences arising
from operation of the facility(ies) covered by this guarantee, in the amounts
of _______ [up to $1 million] per occurrence and _______ [up to $2 million]
annual aggregate for sudden accidental occurrences and _______ [up to $3
million] per occurrence and _______ [up to $6 million] annual aggregate for
nonsudden occurrences, except that the Fund is not established for the benefit
of third parties for the following:
(a)
Bodily injury or property damage for which [insert Grantor] is obligated to pay
damages by reason of the assumption of liability in a contract or agreement.
This exclusion does not apply to liability for damages that [insert Grantor]
would be obligated to pay in the absence of the contract or
agreement.
(b) Any obligation of
[insert Grantor] under a workers' compensation, disability benefits, or
unemployment compensation law or any similar law.
(c) Bodily injury to:
(1) An employee of [insert Grantor] arising
from, and in the course of, employment by [insert Grantor]; or
(2) The spouse, child, parent, brother or
sister of that employee as a consequence of, or arising from, and in the course
of employment by [insert Grantor].
This exclusion applies:
(A) Whether [insert Grantor] may be liable as
an employer or in any other capacity; and
(B) To any obligation to share damages with
or repay another person who must pay damages because of the injury to persons
identified in paragraphs (1) and (2).
(d) Bodily injury or property damage arising
out of the ownership, maintenance, use, or entrustment to others of any
aircraft, motor vehicle or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied
by [insert Grantor];
(2) Premises
that are sold, given away or abandoned by [insert Grantor] if the property
damage arises out of any part of those premises;
(3) Property loaned by [insert
Grantor];
(4) Personal property in
the care, custody or control of [insert Grantor];
(5) That particular part of real property on
which [insert Grantor] or any contractors or subcontractors working directly or
indirectly on behalf of [insert Grantor] are performing operations, if the
property damage arises out of these operations.
In the event of combination with another mechanism for liability coverage, the fund shall be considered [insert "primary" or "excess"] coverage.
The Fund is established initially as consisting of the proceeds of the letter of credit deposited into the Fund. Such proceeds and any other property subsequently transferred to the Trustee is referred to as the Fund, together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant to this Agreement. The Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the Grantor, any payments necessary to discharge any liabilities of the Grantor established by the Division.
Section 4.
Payment for Bodily Injury or Property Damage. The Trustee shall satisfy a third
party liability claim by drawing on the letter of credit described in Schedule
B and by making payments from the Fund only upon receipt of one of the
following documents:
(a) Certification from
the Grantor and the third party claimant(s) that the liability claim should be
paid. The certification must be worded as follows, except that instructions in
brackets are to be replaced with the relevant information and the brackets
deleted: Certification of Valid Claim
The undersigned, as parties [insert Grantor] and [insert name and address of third party claimant(s)], hereby certify that the claim of bodily injury and/or property damage caused by a [sudden or nonsudden] accidental occurrence arising from operating [Grantor's] hazardous waste treatment, storage, or disposal facility should be paid in the amount of $[ ].
[Signature] _______
Grantor _______
[Signatures] _______
Claimant(s) _______
(b) A valid final court order establishing a
judgment against the Grantor for bodily injury or property damage caused by
sudden or nonsudden accidental occurrences arising from the operation of the
Grantor's facility or group of facilities.
Section 5. Payments Comprising the Fund.
Payments made to the Trustee for the Fund shall consist of the proceeds from
the letter of credit drawn upon by the Trustee in accordance with the
requirements of Rule No. 23 § 264.151(k) and Section 4 of this
Agreement.
Section 6. Trustee
Management. The Trustee shall invest and reinvest the principal and income, in
accordance with general investment policies and guidelines which the Grantor
may communicate in writing to the Trustee from time to time, subject, however,
to the provisions of this Section. In investing, reinvesting, exchanging,
selling, and managing the Fund, the Trustee shall discharge his duties with
respect to the trust fund solely in the interest of the beneficiary and with
the care, skill, prudence, and diligence under the circumstances then
prevailing which persons of prudence, acting in a like capacity and familiar
with such matters, would use in the conduct of an enterprise of a like
character and with like aims; except that:
(i) Securities or other obligations of the
Grantor, or any other owner or operator of the facilities, or any of their
affiliates as defined in the Investment Company Act of 1940, as amended,
15 U.S.C.
80a-2(a), shall not be
acquired or held, unless they are securities or other obligations of the
Federal or a State government;
(ii)
The Trustee is authorized to invest the Fund in time or demand deposits of the
Trustee, to the extent insured by an agency of the Federal or a State
government; and
(iii) The Trustee
is authorized to hold cash awaiting investment or distribution uninvested for a
reasonable time and without liability for the payment of interest
thereon.
Section 7.
Commingling and Investment. The Trustee is expressly authorized in its
discretion:
(a) To transfer from time to time
any or all of the assets of the Fund to any common, commingled, or collective
trust fund created by the Trustee in which the Fund is eligible to participate,
subject to all of the provisions thereof, to be commingled with the assets of
other trusts participating therein; and
(b) To purchase shares in any investment
company registered under the Investment Company Act of 1940,
15 U.S.C.
80a-1 et seq., including one which may be
created, managed, underwritten, or to which investment advice is rendered or
the shares of which are sold by the Trustee. The Trustee may vote such shares
in its discretion.
Section
8. Express Powers of Trustee. Without in any way limiting the
powers and discretions conferred upon the Trustee by the other provisions of
this Agreement or by law, the Trustee is expressly authorized and empowered:
(a) To sell, exchange, convey, transfer, or
otherwise dispose of any property held by it, by public or private sale. No
person dealing with the Trustee shall be bound to see to the application of the
purchase money or to inquire into the validity or expediency of any such sale
or other disposition;
(b) To make,
execute, acknowledge, and deliver any and all documents of transfer and
conveyance and any and all other instruments that may be necessary or
appropriate to carry out the powers herein granted;
(c) To register any securities held in the
Fund in its own name or in the name of a nominee and to hold any security in
bearer form or in book entry, or to combine certificates representing such
securities with certificates of the same issue held by the Trustee in other
fiduciary capacities, or to deposit or arrange for the deposit of such
securities in a qualified central depositary even though, when so deposited,
such securities may be merged and held in bulk in the name of the nominee of
such depositary with other securities deposited therein by another person, or
to deposit or arrange for the deposit of any securities issued by the United
States Government, or any agency or instrumentality thereof, with a Federal
Reserve Bank, but the books and records of the Trustee shall at all times show
that all such securities are part of the Fund;
(d) To deposit any cash in the Fund in
interest-bearing accounts maintained or savings certificates issued by the
Trustee, in its separate corporate capacity, or in any other banking
institution affiliated with the Trustee, to the extent insured by an agency of
the Federal or State government; and
(e) To compromise or otherwise adjust all
claims in favor of or against the Fund.
Section 9. Taxes and Expenses. All taxes of
any kind that may be assessed or levied against or in respect of the Fund and
all brokerage commissions incurred by the Fund shall be paid from the Fund. All
other expenses incurred by the Trustee in connection with the administration of
this Trust, including fees for legal services rendered to the Trustee, the
compensation of the Trustee to the extent not paid directly by the Grantor, and
all other proper charges and disbursements to the Trustee shall be paid from
the Fund.
Section 10. Advice of
Counsel. The Trustee may from time to time consult with counsel, who may be
counsel to the Grantor, with respect to any question arising as to the
construction of this Agreement or any action to be taken hereunder. The Trustee
shall be fully protected, to the extent permitted by law, in acting upon the
advice of counsel.
Section 11.
Trustee Compensation. The Trustee shall be entitled to reasonable compensation
for its services as agreed upon in writing from time to time with the
Grantor.
Section 12. Successor
Trustee. The Trustee may resign or the Grantor may replace the Trustee, but
such resignation or replacement shall not be effective until the Grantor has
appointed a successor trustee and this successor accepts the appointment. The
successor trustee shall have the same powers and duties as those conferred upon
the Trustee hereunder. Upon the successor trustee's acceptance of the
appointment, the Trustee shall assign, transfer, and pay over to the successor
trustee the funds and properties then constituting the Fund. If for any reason
the Grantor cannot or does not act in the event of the resignation of the
Trustee, the Trustee may apply to a court of competent jurisdiction for the
appointment of a successor trustee or for instructions. The successor trustee
shall specify the date on which it assumes administration of the trust in a
writing sent to the Grantor, the Director, and the present Trustee by certified
mail 10 days before such change becomes effective. Any expenses incurred by the
Trustee as a result of any of the acts contemplated by this Section shall be
paid as provided in Section 9.
Section
13. Instructions to the Trustee. All orders, requests,
certifications of valid claims, and instructions to the Trustee shall be in
writing, signed by such persons as are designated in the attached Exhibit A or
such other designees as the Grantor may designate by amendments to Exhibit A.
The Trustee shall be fully protected in acting without inquiry in accordance
with the Grantor's orders, requests, and instructions. The Trustee shall have
the right to assume, in the absence of written notice to the contrary, that no
event constituting a change or a termination of the authority of any person to
act on behalf of the Grantor or the Director hereunder has occurred. The
Trustee shall have no duty to act in the absence of such orders, requests, and
instructions from the Grantor and/or the Division, except as provided for
herein.
Section 14. Amendment of
Agreement. This Agreement may be amended by an instrument in writing executed
by the Grantor, the Trustee, and the Director, or by the Trustee and the
Director if the Grantor ceases to exist.
Section
15. Irrevocability and Termination. Subject to the right of the
parties to amend this Agreement as provided in Section 14, this Trust shall be
irrevocable and shall continue until terminated at the written agreement of the
Grantor, the Trustee, and the Director, or by the Trustee and the Director, if
the Grantor ceases to exist. Upon termination of the Trust, all remaining trust
property, less final trust administration expenses, shall be paid to the
Grantor.
The Director will agree to termination of the Trust when the owner or operator substitutes alternative financial assurance as specified in this section.
Section 16.
Immunity and indemnification. The Trustee shall not incur personal liability of
any nature in connection with any act or omission, made in good faith, in the
administration of this Trust, or in carrying out any directions by the Grantor
and the Director issued in accordance with this Agreement. The Trustee shall be
indemnified and saved harmless by the Grantor or from the Trust Fund, or both,
from and against any personal liability to which the Trustee may be subjected
by reason of any act or conduct in its official capacity, including all
expenses reasonable incurred in its defense in the event the Grantor fails to
provide such defense.
Section 17.
Choice of Law. This Agreement shall be administered, construed, and enforced
according to the laws of the State of Arkansas.
Section 18. Interpretation. As used in this
Agreement, words in the singular include the plural and words in the plural
include the singular. The descriptive headings for each Section of this
Agreement shall not affect the interpretation of the legal efficacy of this
Agreement.
In Witness Whereof the parties have caused this Agreement to be executed by their respective officers duly authorized and their corporate seals to be hereunto affixed and attested as of the date first above written. The parties below certify that the wording of this Agreement is identical to the wording specified in APC&EC Rule No. 23 § 264.151(n) as such rules were constituted on the date first above written.
[Signature of Grantor]
[Title]
Attest:
[Title]
[Seal]
[Signature of Trustee]
Attest:
[Title]
[Seal]
(2) The following is an example of the
certification of acknowledgement which must accompany the trust agreement for a
standby trust fund as specified in section 264.147(h) or 265.147(h) of this
rule. State requirements may differ on the proper content of this
acknowledgement.
State of _______
County of _______
On this [date], before me personally came [owner or operator] to me known, who, being by me duly sworn, did depose and say that she/he resides at [address], that she/he is [title] of [corporation], the corporation described in and which executed the above instrument; that she/he knows the seal of said corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/his name thereto by like order.
[Signature of Notary Public]
Subsection
I
-- Use and Management of Containers.
§ 264.170
Applicability
The rules in this Subsection apply to owners and operators of all hazardous waste facilities that store containers of hazardous waste, except as § 264.1 provides otherwise.
[Comment: Under § 261.7 and § 261.33(c), if a hazardous waste is emptied from a container the residue remaining in the container is not considered a hazardous waste if the container is "empty" as defined in § 261.7. In that event, management of the container is exempt from the requirements of this Subsection.]
§ 264.171
Condition of
containers
If a container holding hazardous waste is not in good condition (e.g., severe rusting, apparent structural defects) or if it begins to leak, the owner or operator must transfer the hazardous waste from this container to a container that is in good condition or manage the waste in some other way that complies with the requirements of this part.
§ 264.172
Compatibility of waste
with containers
The owner or operator must use a container made of or lined with materials which will not react with, and are otherwise compatible with, the hazardous waste to be stored, so that the ability of the container to contain the waste is not impaired.
§
264.173
Management of containers
(a) A container holding hazardous waste must
always be closed during storage, except when it is necessary to add or remove
waste.
(b) A container holding
hazardous waste must not be opened, handled, or stored in a manner which may
rupture the container or cause it to leak.
[Comment: Reuse of containers in transportation is governed by U.S. Department of Transportation regulations including those set forth in 49 CFR 173.28.]
§ 264.174
Inspections
At least weekly, the owner or operator must inspect areas where containers are stored. The owner or operator must look for leaking containers and for deterioration of containers and the containment system caused by corrosion or other factors. See §§ 264.15(c) and 264.171 for remedial action required if deterioration or leaks are detected.
§ 264.175
Containment
(a) Container storage areas must have a
containment system that is designed and operated in accordance with paragraph
(b) of this section, except as otherwise provided by paragraph (c) of this
section.
(b) A containment system
must be designed and operated as follows:
(1)
A base must underlie the containers which is free of cracks or gaps and is
sufficiently impervious to contain leaks, spills, and accumulated precipitation
until the collected material is detected and removed;
(2)
The containment structure must
have an impermeable coating on all surfaces, including side walls and curbs,
sufficiently high so as to extend above any contained spill. Penetrating
sealants are not adequate to meet this coating requirement.
(3) The base must be sloped or the
containment system must be otherwise designed and operated to drain and remove
liquids resulting from leaks, spills, or precipitation, unless the containers
are elevated or are otherwise protected from contact with accumulated
liquids;
(4) The containment system
must have sufficient capacity to contain 10% of the volume of containers or the
volume of the largest container, whichever is greater. Containers that do not
contain free liquids need not be considered in this determination;
(5) Run-on into the containment system must
be prevented unless the collection system has sufficient excess capacity in
addition to that required in paragraph (b)(3) of this section to contain any
run-on which might enter the system; and
(6) Spilled or leaked waste and accumulated
precipitation must be removed from the sump or collection area in as timely a
manner as is necessary to prevent overflow of the collection system.
[Comment: If the collected material is a hazardous waste under Section 261, it must be managed as a hazardous waste in accordance with all applicable requirements of §§ 262-266 of this rule. If the collected material is discharged through a point source to waters of the United States, it is subject to the requirements of section 402 of the Clean Water Act, as amended.]
(c)
Storage areas that store containers holding only wastes that do not contain
free liquids need not have a containment system defined by paragraph (b) of
this section, except as provided by paragraph (d) of this section or provided
that:
(1) The storage area is sloped or is
otherwise designed and operated to drain and remove liquid resulting from
precipitation, or
(2) The
containers are elevated or are otherwise protected from contact with
accumulated liquid.
(d)
Storage areas that store containers holding the wastes listed below that do not
contain free liquids must have a containment system defined by paragraph (b) of
this section:
(1) F020, F021, F022, F023,
F026, and F027.
(2) [Reserved]
§ 264.176
Special requirements for ignitable or reactive waste
Containers holding ignitable or reactive waste must be located at least 15 meters (50 feet) from the facility's property line.
[Comment: See § 264.17(a) for additional requirements.]
§
264.177
Special requirements for incompatible wastes
(a) Incompatible wastes, or incompatible
wastes and materials (see Appendix V for examples), must not be placed in the
same container, unless § 264.17(b) is complied with.
(b) Hazardous waste must not be placed in an
unwashed container that previously held an incompatible waste or material.
[Comment: As required by § 264.13, the waste analysis plan must include analyses needed to comply with § 264.177. Also, § 264.17(c) requires wastes analyses, trial tests or other documentation to assure compliance with § 264.17(b). As required by § 264.73, the owner or operator must place the results of each waste analysis and trial test, and any documented information, in the operating record of the facility.]
(c) A storage
container holding a hazardous waste that is incompatible with any waste or
other materials stored nearby in other containers, piles, open tanks, or
surface impoundments must be separated from the other materials or protected
from them by means of a dike, berm, wall, or other device.
[Comment: The purpose of this section is to prevent fires, explosions, gaseous emission, leaching, or other discharge of hazardous waste or hazardous waste constituents which could result from the mixing of incompatible wastes or materials if containers break or leak.]
§ 264.178
Closure
At closure, all hazardous waste and hazardous waste residues must be removed from the containment system. Remaining containers, liners, bases, and soil containing or contaminated with hazardous waste or hazardous waste residues must be decontaminated or removed.
[Comment: At closure, as throughout the operating period, unless the owner or operator can demonstrate in accordance with § 261.3(d) of this rule that the solid waste removed from the containment system is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and must manage it in accordance with all applicable requirements of Sections 262 through 266 of this rule].
§
264.179
Air emission standards
The owner or operator shall manage all hazardous waste placed in a container in accordance with the requirements of subsections AA, BB, and CC of this Section.
Subsection
J
-- Tank Systems
§
264.190
Applicability
The requirements of this Subsection apply to owners and operators of facilities that use tank systems for storing or treating hazardous waste except as otherwise provided in paragraphs (a), (b), and (c) of this section or in § 264.1 of this part.
(a) Tank systems that are used to store or
treat hazardous waste which contains no free liquids and are situated inside a
building with an impermeable floor are exempted from the requirements in §
264.193. To demonstrate the absence or presence of free liquids in the
stored/treated waste, the following test must be used: Method 9095B (Paint
Filter Liquids Test) as described in ''Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,'' EPA Publication SW-846, as incorporated by
reference in § 260.11 of this rule.
(b) Tank systems, including sumps, as defined
in § 260.10, that serve as part of a secondary containment system to
collect or contain releases of hazardous wastes are exempted from the
requirements in § 264.193(a).
(c) Tanks, sumps, and other such collection
devices or systems used in conjunction with drip pads, as defined in §
260.10 of this rule and regulated under Subsection W of this section, must meet
the requirements of this Subsection.
§ 264.191
Assessment of existing
tank system's integrity
(a) For each
existing tank system that does not have secondary containment meeting the
requirements of § 264.193, the owner or operator must determine that the
tank system is not leaking or is fit for use. Except as provided in paragraph
(c) of this section, the owner or operator must obtain and keep on file at the
facility a written assessment reviewed and certified by an independent,
qualified Arkansas-registered professional engineer, in accordance
with § 270.11(d), that attests to the tank system's integrity by January
12, 1988.
(b) This assessment must
determine that the tank system is adequately designed and has sufficient
structural strength and compatibility with the waste(s) to be stored or
treated, to ensure that it will not collapse, rupture, or fail. At a minimum,
this assessment must consider the following:
(1) Design standard(s), if available,
according to which the tank and ancillary equipment were constructed;
(2) Hazardous characteristics of the waste(s)
that have been and will be handled;
(3) Existing corrosion protection
measures;
(4) Documented age of the
tank system, if available (otherwise, an estimate of the age); and
(5) Results of a leak test, internal
inspection, or other tank integrity examination such that:
(i) For non-enterable underground tanks, the
assessment must include a leak test that is capable of taking into account the
effects of temperature variations, tank end deflection, vapor pockets, and high
water table effects, and
(ii) For
other than non-enterable underground tanks and for ancillary equipment, this
assessment must include either a leak test, as described above, or other
integrity examination, that is certified by an independent, qualified,
Arkansas-registered professional engineer in accordance with § 270.11(d),
that addresses cracks, leaks, corrosion, and erosion.
[Note: The practices described in the American Petroleum Institute (API) Publication, Guide for Inspection of Refinery Equipment, Chapter XIII, "Atmospheric and Low-Pressure Storage Tanks," 4th edition, 1981, may be used, where applicable, as guidelines in conducting other than a leak test.]
(c) Tank systems that store or treat
materials that become hazardous wastes subsequent to July 14, 1986, must
conduct this assessment within 12 months after the date that the waste becomes
a hazardous waste.
(d) If, as a
result of the assessment conducted in accordance with paragraph (a), a tank
system is found to be leaking or unfit for use, the owner or operator must
comply with the requirements of § 264.196.
§ 264.192
Design and installation
of new tank systems or components
(a)
Owners or operators of new tank systems or components must obtain and submit to
the Director, at time of submittal of Part B information, a written assessment,
reviewed and certified by an independent, qualified Arkansas-registered
professional engineer, in accordance with § 270.11(d), attesting
that the tank system has sufficient structural integrity and is acceptable for
the storing and treating of hazardous waste. The assessment must show that the
foundation, structural support, seams, connections, and pressure controls (if
applicable) are adequately designed and that the tank system has sufficient
structural strength, compatibility with the waste(s) to be stored or treated,
and corrosion protection to ensure that it will not collapse, rupture, or fail.
This assessment, which will be used by the Director to review and approve or
disapprove the acceptability of the tank system design, must include, at a
minimum, the following information:
(1) Design
standard(s) according to which tank(s) and/or the ancillary equipment are
constructed;
(2) Hazardous
characteristics of the waste(s) to be handled;
(3) For new tank systems or components in
which the external shell of a metal tank or any external metal component of the
tank system will be in contact with the soil or with water, a determination by
a corrosion expert of:
(i) Factors affecting
the potential for corrosion, including but not limited to:
(A) Soil moisture content;
(B) Soil pH;
(C) Soil sulfides level;
(D) Soil resistivity;
(E) Structure to soil potential;
(F) Influence of nearby underground metal
structures (e.g., piping);
(G)
Existence of stray electric current;
(H) Existing corrosion-protection measures
(e.g., coating, cathodic protection), and
(ii) The type and degree of external
corrosion protection that are needed to ensure the integrity of the tank system
during the use of the tank system or component, consisting of one or more of
the following:
(A) Corrosion-resistant
materials of construction such as special alloys, fiberglass reinforced
plastic, etc.;
(B)
Corrosion-resistant coating (such as epoxy, fiberglass, etc.) with cathodic
protection (e.g., impressed current or sacrificial anodes); and
(C) Electrical isolation devices such as
insulating joints, flanges, etc.
[Note: The practices described in the National Association of Corrosion Engineers (NACE) standard, "Recommended Practice (RP-02-85) - Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems," and the American Petroleum Institute (API) Publication 1632, "Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems," may be used, where applicable, as guidelines in providing corrosion protection for tank systems.]
(4) For underground tank system components
that are likely to be adversely affected by vehicular traffic, a determination
of design or operational measures that will protect the tank system against
potential damage; and
(5) Design
considerations to ensure that:
(i) Tank
foundations will maintain the load of a full tank;
(ii) Tank systems will be anchored to prevent
flotation or dislodgment where the tank system is placed in a saturated zone,
or is located within a seismic fault zone subject to the standards of §
264.18(a); and
(iii) Tank systems
will withstand the effects of frost heave.
(b) The owner or operator of a new tank
system must ensure that proper handling procedures are adhered to in order to
prevent damage to the system during installation. Prior to covering, enclosing,
or placing a new tank system or component in use, an independent, qualified
installation inspector or an independent, qualified, Arkansas-registered
professional engineer, either of whom is trained and experienced in the proper
installation of tank systems or components, must inspect the system for the
presence of any of the following items:
(1)
Weld breaks;
(2)
Punctures;
(3) Scrapes of
protective coatings;
(4)
Cracks;
(5) Corrosion;
(6) Other structural damage or inadequate
construction/installation.
All discrepancies must be remedied before the tank system is covered, enclosed, or placed in use.
(c) New tank systems or components that are
placed underground and that are backfilled must be provided with a backfill
material that is a noncorrosive, porous, homogeneous substance and that is
installed so that the backfill is placed completely around the tank and
compacted to ensure that the tank and piping are fully and uniformly
supported.
(d) All new tanks and
ancillary equipment must be tested for tightness prior to being covered,
enclosed, or placed in use. If a tank system is found not to be tight, all
repairs necessary to remedy the leak(s) in the system must be performed prior
to the tank system being covered, enclosed, or placed into use.
(e) Ancillary equipment must be supported and
protected against physical damage and excessive stress due to settlement,
vibration, expansion, or contraction.
[Note: The piping system installation procedures described in American Petroleum Institute (API) Publication 1615 (November 1979), "Installation of Underground Petroleum Storage Systems," or ANSI Standard B31.3, "Petroleum Refinery Piping," and ANSI Standard B31.4 "Liquid Petroleum Transportation Piping System," may be used, where applicable, as guidelines for proper installation of piping systems.]
(f) The owner or operator must provide the
type and degree of corrosion protection recommended by an independent corrosion
expert, based on the information provided under paragraph (a)(3) of this
section, or other corrosion protection if the Director believes other corrosion
protection is necessary to ensure the integrity of the tank system during use
of the tank system. The installation of a corrosion protection system that is
field fabricated must be supervised by an independent corrosion expert to
ensure proper installation.
(g) The
owner or operator must obtain and keep on file at the facility written
statements by those persons required to certify the design of the tank system
and supervise the installation of the tank system in accordance with the
requirements of paragraphs (b) through (f) of this section, that attest that
the tank system was properly designed and installed and that repairs, pursuant
to paragraphs (b) and (d) of this section, were performed. These written
statements must also include the certification statement as required in §
270.11(d) of this rule.
§
264.193
Containment and detection of releases
(a) In order to prevent the release of
hazardous waste or hazardous constituents to the environment, secondary
containment that meets the requirements of this section must be provided
(except as provided in paragraphs (f) and (g) of this section):
(1) For all new and existing tank systems or
components, prior to their being put into service;
(2) For tank systems that store or treat
materials that become hazardous wastes, within two years of the hazardous waste
listing, or when the tank system has reached 15 years of age, whichever comes
later.
(b) Secondary
containment systems must be:
(1) Designed,
installed, and operated to prevent any migration of wastes or accumulated
liquid out of the system to the soil, ground water, or surface water at any
time during the use of the tank system; and
(2) Capable of detecting and collecting
releases and accumulated liquids until the collected material is
removed.
(c) To meet the
requirements of paragraph (b) of this section, secondary containment systems
must be at a minimum:
(1) Constructed of or
lined with materials that are compatible with the wastes(s) to be placed in the
tank system and must have sufficient strength and thickness to prevent failure
owing to pressure gradients (including static head and external hydrological
forces), physical contact with the waste to which it is exposed, climatic
conditions, and the stress of daily operation (including stresses from nearby
vehicular traffic).
(2) Placed on a
foundation or base capable of providing support to the secondary containment
system, resistance to pressure gradients above and below the system, and
capable of preventing failure due to settlement, compression, or
uplift;
(3) Provided with a
leak-detection system that is designed and operated so that it will detect the
failure of either the primary or secondary containment structure or the
presence of any release of hazardous waste or accumulated liquid in the
secondary containment system within 24 hours, or at the earliest practicable
time if the owner or operator can demonstrate to the Director that existing
detection technologies or site conditions will not allow detection of a release
within 24 hours; and
(4) Sloped or
otherwise designed or operated to drain and remove liquids resulting from
leaks, spills, or precipitation. Spilled or leaked waste and accumulated
precipitation must be removed from the secondary containment system within 24
hours, or in as timely a manner as is possible to prevent harm to human health
and the environment, if the owner or operator can demonstrate to the Director
that removal of the released waste or accumulated precipitation cannot be
accomplished within 24 hours.
[Note: If the collected material is a hazardous waste under Section 261 of this rule, it is subject to management as a hazardous waste in accordance with all applicable requirements of sections 262 through 265of this rule. If the collected material is discharged through a point source to waters of the State, it is subject to the requirements of sections 301, 304, and 402 of the Clean Water Act, as amended. If discharged to a Publicly Owned Treatment Works (POTW), it is subject to the requirements of section 307 of the Clean Water Act, as amended. If the collected material is released to the environment, it may be subject to the reporting requirements of 40 CFR part 302.]
(d)
Secondary containment for tanks must include one or more of the following
devices:
(1) A liner (external to the
tank);
(2) A vault;
(3) A double-walled tank; or
(4) An equivalent device as approved by the
Director
(e) In addition
to the requirements of paragraphs (b), (c), and (d) of this section, secondary
containment systems must satisfy the following requirements:
(1) External liner systems must be:
(i) Designed or operated to contain 100
percent of the capacity of the largest tank within its boundary;
(ii) Designed or operated to prevent run-on
or infiltration of precipitation into the secondary containment system unless
the collection system has sufficient excess capacity to contain run-on or
infiltration. Such additional capacity must be sufficient to contain
precipitation from a 25-year, 24-hour rainfall event.
(iii) Free of cracks or gaps; and
(iv) Designed and installed to surround the
tank completely and to cover all surrounding earth likely to come into contact
with the waste if the waste is released from the tank(s) (i.e., capable of
preventing lateral as well as vertical migration of the waste).
(2) Vault systems must be:
(i) Designed or operated to contain 100
percent of the capacity of the largest tank within its boundary;
(ii) Designed or operated to prevent run-on
or infiltration of precipitation into the secondary containment system unless
the collection system has sufficient excess capacity to contain run-on or
infiltration. Such additional capacity must be sufficient to contain
precipitation from a 25-year, 24-hour rainfall event:
(iii) Constructed with chemical-resistant
water stops in place at all joints (if any):
(iv) Provided with an impermeable interior
coating or lining that is compatible with the stored waste and that will
prevent migration of waste into the concrete;
(v) Provided with a means to protect against
the formation of and ignition of vapors within the vault, if the waste being
stored or treated:
(A) Meets the definition of
ignitable waste under § 261.21 of this rule; or
(B) Meets the definition of reactive waste
under § 261.23 of this rule, and may form an ignitable or explosive
vapor.
(vi) Provided with
an exterior moisture barrier or be otherwise designed or operated to prevent
migration of moisture into the vault if the vault is subject to hydraulic
pressure.
(3)
Double-walled tanks must be:
(i) Designed as
an integral structure (i.e., an inner tank completely enveloped within an outer
shell) so that any release from the inner tank is contained by the outer
shell.
(ii) Protected, if
constructed of metal, from both corrosion of the primary tank interior and of
the external surface of the outer shell: and
(iii) Provided with a built-in continuous
leak detection system capable of detecting a release within 24 hours, or at the
earliest practicable time, if the owner or operator can demonstrate to the
Director, and the Director concludes, that the existing detection technology or
site conditions would not allow detection of a release within 24 hours.
[Note: The provisions outlined in the Steel Tank Institute's (STI) "Standard for Dual Wall Underground Steel Storage Tanks" may be used as guidelines for aspects of the design of underground steel double-walled tanks.]
(f) Ancillary equipment must be provided with
secondary containment (e.g., trench, jacketing, double-walled piping) that
meets the requirements of paragraphs (b) and (c) of this section except for:
(1) Aboveground piping (exclusive of flanges,
joints, valves, and other connections) that are visually inspected for leaks on
a daily basis;
(2) Welded flanges,
welded joints, and welded connections, that are visually inspected for leaks on
a daily basis;
(3) Sealless or
magnetic coupling pumps and sealless valves, that are visually inspected for
leaks on a daily basis; and
(4)
Pressurized aboveground piping systems with automatic shut-off devices (e.g.,
excess flow check valves, flow metering shutdown devices, loss of pressure
actuated shut-off devices) that are visually inspected for leaks on a daily
basis.
(g) The owner or
operator may obtain a variance from the requirements of this section if the
Director finds, as a result of a demonstration by the owner or operator that
alternative design and operating practices, together with location
characteristics, will prevent the migration of any hazardous waste or hazardous
constituents into the ground water; or surface water at least as effectively as
secondary containment during the active life of the tank system or that in the
event of a release that does migrate to ground water or surface water, no
substantial present or potential hazard will be posed to human health or the
environment. New underground tank systems may not, per a demonstration in
accordance with paragraph (g)(2) of this section, be exempted from the
secondary containment requirements of this section.
(1) In deciding whether to grant a variance
based on a demonstration of equivalent protection of ground water and surface
water, the Director will consider:
(i) The
nature and quantity of the wastes;
(ii) The proposed alternate design and
operation;
(iii) The hydrogeologic
setting of the facility, including the thickness of soils present between the
tank system and ground water, and
(iv) All other factors that would influence
the quality and mobility of the hazardous constituents and the potential for
them to migrate to ground water or surface water
(2) In deciding whether to grant a variance
based on a demonstration of no substantial present or potential hazard, the
Director will consider:
(i) The potential
adverse effects on ground water, surface water, and land quality taking into
account:
(A) The physical and chemical
characteristics of the waste in the tank system, including its potential for
migration.
(B) The hydrogeological
characteristics of the facility and surrounding land,
(C) The potential for health risks caused by
human exposure to waste constituents,
(D) The potential for damage to wildlife,
crops, vegetation, and physical structures caused by exposure to waste
constituents, and
(E) The
persistence and permanence of the potential adverse effects;
(ii) The potential adverse effects
of a release on ground-water quality, taking into account:
(A) The quantity and quality of ground water
and the direction of ground-water flow,
(B) The proximity and withdrawal rates of
ground-water users,
(C) The current
and future uses of ground water in the area, and
(D) The existing quality of ground water,
including other sources of contamination and their cumulative impact on the
ground-water quality;
(iii) The potential adverse effects of a
release on surface water quality, taking into account:
(A) The quantity and quality of ground water
and the direction of ground-water flow,
(B) The patterns of rainfall in the
region,
(C) The proximity of the
tank system to surface waters,
(D)
The current and future uses of surface waters in the area and any water quality
standards established for those surface waters, and
(E) The existing quality of surface water,
including other sources of contamination and the cumulative impact on
surface-water quality; and
(iv) The potential adverse effects of a
release on the land surrounding the tank system, taking into account:
(A) The patterns of rainfall in the region,
and
(B) The current and future uses
of the surrounding land.
(3) The owner or operator of a tank system,
for which a variance from secondary containment had been granted in accordance
with the requirements of paragraph (g)(1) of this section, at which a release
of hazardous waste has occurred from the primary tank system but has not
migrated beyond the zone of engineering control (as established in the
variance), must:
(i) Comply with the
requirements of § 264.196, except paragraph (d), and
(ii) Decontaminate or remove contaminated
soil to the extent necessary to:
(A) Enable
the tank system for which the variance was granted to resume operation with the
capability for the detection of releases at least equivalent to the capability
it had prior to the release; and
(B) Prevent the migration of hazardous waste
or hazardous constituents to ground water or surface water; and
(iii) If contaminated
soil cannot be removed or decontaminated in accordance with paragraph
(g)(3)(ii) of this section, comply with the requirement of §
264.197(b).
(4) The owner
or operator of a tank system, for which a variance from secondary containment
had been granted in accordance with the requirements of paragraph (g)(1) of
this section, at which a release of hazardous waste has occurred from the
primary tank system and has migrated beyond the zone of engineering control (as
established in the variance), must:
(i) Comply
with the requirements of § 264.196 (a), (b), (c), and (d); and
(ii) Prevent the migration of hazardous waste
or hazardous constituents to ground water or surface water, if possible, and
decontaminate or remove contaminated soil. If contaminated soil cannot be
decontaminated or removed or if ground water has been contaminated, the owner
or operator must comply with the requirements of § 264.197(b);
and
(iii) If repairing, replacing,
or reinstalling the tank system, provide secondary containment in accordance
with the requirements of paragraphs (a) through (f) of this section or reapply
for a variance from secondary containment and meet the requirements for new
tank systems in § 264.192 if the tank system is replaced. The owner or
operator must comply with these requirements even if contaminated soil can be
decontaminated or removed and ground water or surface water has not been
contaminated.
(h) The following procedures must be followed
in order to request a variance from secondary containment:
(1) The Director must be notified in writing
by the owner or operator that he intends to conduct and submit a demonstration
for a variance from secondary containment as allowed in paragraph (g) of this
section according to the following schedule:
(i) For existing tank systems, at least 24
months prior to the date that secondary containment must be provided in
accordance with paragraph (a) of this section.
(ii) For new tank systems, at least 30 days
prior to entering into a contract for installation.
(2) As part of the notification, the owner or
operator must also submit to the Director a description of the steps necessary
to conduct the demonstration and a timetable for completing each of the steps.
The demonstration must address each of the factors listed in paragraph (g)(1)
or paragraph (g)(2) of this section;
(3) The demonstration for a variance must be
completed within 180 days after notifying the Director of an intent to conduct
the demonstration; and
(4) If a
variance is granted under this paragraph, the Director will require the
permittee to construct and operate the tank system in the manner that was
demonstrated to meet the requirements for the variance.
(i) All tank systems, until such time as
secondary containment that meets the requirements of this section is provided,
must comply with the following:
(1) For
non-enterable underground tanks, a leak test that meets the requirements of
§ 264.191(b)(5) or other tank integrity method, as approved or required by
the Director, must be conducted at least annually.
(2) For other than non-enterable underground
tanks, the owner or operator must either conduct a leak test as in paragraph
(i)(1) of this section or develop a schedule and procedure for an assessment of
the overall condition of the tank system by an independent, qualified
Arkansas-registered professional engineer. The schedule and procedure
must be adequate to detect obvious cracks, leaks, and corrosion or erosion that
may lead to cracks and leaks. The owner or operator must remove the stored
waste from the tank, if necessary, to allow the condition of all internal tank
surfaces to be assessed. The frequency of these assessments must be based on
the material of construction of the tank and its ancillary equipment, the age
of the system, the type of corrosion or erosion protection used, the rate of
corrosion or erosion observed during the previous inspection, and the
characteristics of the waste being stored or treated.
(3) For ancillary equipment, a leak test or
other integrity assessment as approved by the Director must be conducted at
least annually.
[Note: The practices described in the American Petroleum Institute (API) Publication Guide for Inspection of Refinery Equipment, Chapter XIII, "Atmospheric and Low-Pressure Storage Tanks," 4th edition, 1981, may be used, where applicable, as guidelines for assessing the overall condition of the tank system.]
(4) The
owner or operator must maintain on file at the facility a record of the results
of the assessments conducted in accordance with paragraphs (i)(1) through
(i)(3) of this section.
(5) If a
tank system or component is found to be leaking or unfit for use as a result of
the leak test or assessment in paragraphs (i)(1) through (i)(3) of this
section, the owner or operator must comply with the requirements of §
264.196.
§
264.194
General operating requirements
(a) Hazardous wastes or treatment reagents
must not be placed in a tank system if they could cause the tank, its ancillary
equipment, or the containment system to rupture, leak, corrode, or otherwise
fail.
(b) The owner or operator
must use appropriate controls and practices to prevent spills and overflows
from tank or containment systems. These include at a minimum:
(1) Spill prevention controls (e.g., check
valves, dry disconnect couplings);
(2) Overfill prevention controls (e.g., level
sensing devices, high level alarms, automatic feed cutoff, or bypass to a
standby tank); and
(3) Maintenance
of sufficient freeboard in uncovered tanks to prevent overtopping by wave or
wind action or by precipitation.
(c) The owner or operator must comply with
the requirements of § 264.196 if a leak or spill occurs in the tank
system.
§ 264.195
Inspections
(a) The owner or
operator must develop and follow a schedule and procedure for inspecting
overfill controls.
(b) The owner or
operator must inspect at least once each operating day data gathered from
monitoring and leak detection equipment (e.g., pressure or
temperature gauges, monitoring wells) to ensure that the tank system is being
operated according to its design:
[Note: Section 264.15(c) requires the owner or operator to remedy any deterioration or malfunction he finds. Section 264.196 requires the owner or operator to notify the Director within 24 hours of confirming a leak. Also, 40 CFR part 302 may require the owner or operator to notify the National Response Center of a release.]
(c) In addition, except as noted under
paragraph (d) of this section, the owner or operator must inspect at least once
each operating day:
(1) Above ground portions
of the tank system, if any, to detect corrosion or releases of waste.
(2) The construction materials and the area
immediately surrounding the externally accessible portion of the tank system,
including the secondary containment system (e.g., dikes) to
detect erosion or signs of releases of hazardous waste (e.g.,
wet spots, dead vegetation).
(d) Owners or operators of tank systems that
either use leak detection systems to alert facility personnel to leaks, or
implement established workplace practices to ensure leaks are promptly
identified, must inspect at least weekly those areas described in paragraphs
(c) (1) and (c)(2) of this section. Use of the alternate inspection schedule
must be documented in the facility's operating record. This documentation must
include a description of the established workplace practices at the
facility.
(e)
[Reserved]
(f) The
owner or operator must inspect cathodic protection systems, if present,
according to, at a minimum, the following schedule to ensure that they are
functioning properly:
(1) The proper
operation of the cathodic protection system must be confirmed within six months
after initial installation and annually thereafter; and
(2) All sources of impressed current must be
inspected and/or tested, as appropriate, at least bimonthly (i.e., every other
month).
[Note: The practices described in the National Association of Corrosion Engineers (NACE) standard, "Recommended Practice (RP-02-85) - Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems," and the American Petroleum Institute (API) Publication 1632, "Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems," may be used, where applicable, as guidelines in maintaining and inspecting cathodic protection systems.]
(g) The owner or operator must document in
the operating record of the facility an inspection of those items in paragraphs
(a) through (c) of this section.
§ 264.196
Response to leaks or
spills and disposition of leaking or unfit-for-use tank systems
A tank system or secondary containment system from which there has been a leak or spill, or which is unfit for use, must be removed from service immediately, and the owner or operator must satisfy the following requirements:
(a) Cessation of use;
prevent flow or addition of wastes. The owner or operator must immediately stop
the flow of hazardous waste into the tank system or secondary containment
system and inspect the system to determine the cause of the release.
(b) Removal of waste from tank system or
secondary containment system.
(1) If the
release was from the tank system, the owner/operator must, within 24 hours
after detection of the leak or, if the owner/operator demonstrates that it is
not possible, at the earliest practicable time, remove as much of the waste as
is necessary to prevent further release of hazardous waste to the environment
and to allow inspection and repair of the tank system to be
performed.
(2) If the material
released was to a secondary containment system, all released materials must be
removed within 24 hours or in as timely a manner as is possible to prevent harm
to human health and the environment.
(c) Containment of visible releases to the
environment. The owner/operator must immediately conduct a visual inspection of
the release and, based upon that inspection:
(1) Prevent further migration of the leak or
spill to soils or surface water; and
(2) Remove, and properly dispose of, any
visible contamination of the soil or surface water.
(d) Notifications, reports.
(1) Any release to the environment, except as
provided in paragraph (d)(2) of this section, must be reported to the Director
within 24 hours of its detection. If the release has been reported pursuant to
40 CFR part 302, that report will satisfy this requirement.
(2) A leak or spill of hazardous waste is
exempted from the requirements of this paragraph if it is:
(i) Less than or equal to a quantity of one
(1) pound, and
(ii) Immediately
contained and cleaned up.
(3) Within 30 days of detection of a release
to the environment, a report containing the following information must be
submitted to the Director:
(i) Likely route
of migration of the release;
(ii)
Characteristics of the surrounding soil (soil composition, geology,
hydrogeology, climate);
(iii)
Results of any monitoring or sampling conducted in connection with the release
(if available). If sampling or monitoring data relating to the release are not
available within 30 days, these data must be submitted to the Director as soon
as they become available.
(iv)
Proximity to downgradient drinking water, surface water, and populated areas;
and
(v) Description of response
actions taken or planned.
(e) Provision of secondary containment,
repair, or closure.
(1) Unless the
owner/operator satisfies the requirements of paragraphs (e)(2) through (4) of
this section, the tank system must be closed in accordance with §
264.197.
(2) If the cause of the
release was a spill that has not damaged the integrity of the system, the
owner/operator may return the system to service as soon as the released waste
is removed and repairs, if necessary, are made.
(3) If the cause of the release was a leak
from the primary tank system into the secondary containment system, the system
must be repaired prior to returning the tank system to service.
(4) If the source of the release was a leak
to the environment from a component of a tank system without secondary
containment, the owner/operator must provide the component of the system from
which the leak occurred with secondary containment that satisfies the
requirements of § 264.193 before it can be returned to service, unless the
source of the leak is an aboveground portion of a tank system that can be
inspected visually. If the source is an aboveground component that can be
inspected visually, the component must be repaired and may be returned to
service without secondary containment as long as the requirements of paragraph
(f) of this section are satisfied. If a component is replaced to comply with
the requirements of this subparagraph, that component must satisfy the
requirements for new tank systems or components in §§ 264.192 and
264.193. Additionally, if a leak has occurred in any portion of a tank system
component that is not readily accessible for visual inspection (e.g., the
bottom of an inground or onground tank), the entire component must be provided
with secondary containment in accordance with § 264.193 prior to being
returned to use.
(f)
Certification of major repairs. If the owner/operator has repaired a tank
system in accordance with paragraph (e) of this section, and the repair has
been extensive (e.g., installation of an internal liner; repair of a ruptured
primary containment or secondary containment vessel), the tank system must not
be returned to service unless the owner/operator has obtained a certification
by an independent, qualified, registered, professional engineer in accordance
with § 270.11(d) that the repaired system is capable of handling hazardous
wastes without release for the intended life of the system. This certification
must be submitted to the Director within seven days after returning the tank
system to use.
[Note: The Director may, on the basis of any information received that there is or has been a release of hazardous waste, hazardous constituents, and/or hazardous substances into the environment, issue an order under the Arkansas Remedial Action Trust Fund Act (A.C.A. §§ 8-7-501 et seq.) requiring corrective action or such other response as deemed necessary to protect human health or the environment.]
[Note: See § 264.15(c) for the requirements necessary to remedy a failure. Also, 40 CFR part 302 may require the owner or operator to notify the National Response Center of certain releases.]
§ 264.197
Closure and
post-closure care
(a) At closure of a
tank system, the owner or operator must remove or decontaminate all waste
residues, contaminated containment system components (liners, etc.),
contaminated soils, and structures and equipment contaminated with waste, and
manage them as hazardous waste, unless § 261.3(d) of this rule applies.
The closure plan, closure activities, cost estimates for closure, and financial
responsibility for tank systems must meet all of the requirements specified in
Subsections G and H of this part.
(b) If the owner or operator demonstrates
that not all contaminated soils can be practicably removed or decontaminated as
required in paragraph (a) of this section, then the owner or operator must
close the tank system and perform post-closure care in accordance with the
closure and post-closure care requirements that apply to landfills (§
264.310). In addition, for the purposes of closure, post-closure, and financial
responsibility, such a tank system is then considered to be a landfill, and the
owner or operator must meet all of the requirements for landfills specified in
Subsections G and H of this part.
(c) If an owner or operator has a tank system
that does not have secondary containment that meets the requirements of §
264.193 (b) through (f) and has not been granted a variance from the secondary
containment requirements in accordance with § 264.193(g), then:
(1) The closure plan for the tank system must
include both a plan for complying with paragraph (a) of this section and a
contingent plan for complying with paragraph (b) of this section.
(2) A contingent post-closure plan for
complying with paragraph (b) of this section must be prepared and submitted as
part of the permit application.
(3)
The cost estimates calculated for closure and post-closure care must reflect
the costs of complying with the contingent closure plan and the contingent
post-closure plan, if those costs are greater than the costs of complying with
the closure plan prepared for the expected closure under paragraph (a) of this
section.
(4) Financial assurance
must be based on the cost estimates in paragraph (c)(3) of this
section.
(5) For the purposes of
the contingent closure and post-closure plans, such a tank system is considered
to be a landfill, and the contingent plans must meet all of the closure,
post-closure, and financial responsibility requirements for landfills under
Subsections G and H of this section.
§ 264.198
Special requirements for
ignitable or reactive wastes
(a)
Ignitable or reactive waste must not be placed in tank systems, unless:
(1) The waste is treated, rendered, or mixed
before or immediately after placement in the tank system so that:
(i) The resulting waste, mixture, or
dissolved material no longer meets the definition of ignitable or reactive
waste under §§ 261.21 or 261.23 of this rule, and
(ii) Section 264.17(b) is complied with;
or
(2) The waste is
stored or treated in such a way that it is protected from any material or
conditions that may cause the waste to ignite or react; or
(3) The tank system is used solely for
emergencies.
(b) The
owner or operator of a facility where ignitable or reactive waste is stored or
treated in a tank must comply with the requirements for the maintenance of
protective distances between the waste management area and any public ways,
streets, alleys, or an adjoining property line that can be built upon as
required in Tables 2-1 through 2-6 of the National Fire Protection
Association's "Flammable and Combustible Liquids Code," (1977 or 1981),
(incorporated by reference, see § 260.11).
§ 264.199
Special requirements for
incompatible wastes
(a) Incompatible
wastes, or incompatible wastes and materials, must not be placed in the same
tank system, unless § 264.17(b) is complied with.
(b) Hazardous waste must not be placed in a
tank system that has not been decontaminated and that previously held an
incompatible waste or material, unless § 264.17(b) is complied
with.
§ 264.200
Air emission standards
The owner or operator shall manage all hazardous waste placed in a tank in accordance with the requirements of subsections AA, BB, and CC of this Section.
Subsection
K
-- Surface Impoundments
§
264.220
Applicability
The rules in this Subsection apply to owners and operators of facilities that use surface impoundments to treat, store, or dispose of hazardous waste except as § 264.1 provides otherwise.
§ 264.221
Design and operating
requirements
(a) Any surface
impoundment that is not covered by paragraph (c) of this section or §
265.221 of this rule must have a liner for all portions of the impoundment
(except for existing portions of such impoundments). The liner must be
designed, constructed, and installed to prevent any migration of wastes out of
the impoundment to the adjacent subsurface soil or ground water or surface
water at any time during the active life (including the closure period) of the
impoundment. The liner may be constructed of materials that may allow wastes to
migrate into the liner (but not into the adjacent subsurface soil or ground
water or surface water) during the active life of the facility, provided that
the impoundment is closed in accordance with § 264.228(a)(1). For
impoundments that will be closed in accordance with § 264.228(a)(2), the
liner must be constructed of materials that can prevent wastes from migrating
into the liner during the active life of the facility. The liner must be:
(1) Constructed of materials that have
appropriate chemical properties and sufficient strength and thickness to
prevent failure due to pressure gradients (including static head and external
hydrogeologic forces), physical contact with the waste or leachate to which
they are exposed, climatic conditions, the stress of installation, and the
stress of daily operation;
(2)
Placed upon a foundation or base capable of providing support to the liner and
resistance to pressure gradients above and below the liner to prevent failure
of the liner due to settlement, compression, or uplift; and
(3) Installed to cover all surrounding earth
likely to be in contact with the waste or leachate.
(b) The owner or operator will be exempted
from the requirements of paragraph (a) of this section if the Director finds,
based on a demonstration by the owner or operator, that alternate design and
operating practices, together with location characteristics, will prevent the
migration of any hazardous constituents (see § 264.93) into the ground
water or surface water at any future time. In deciding whether to grant an
exemption, the Director will consider:
(1)
The nature and quantity of the wastes;
(2) The proposed alternate design and
operation;
(3) The hydrogeologic
setting of the facility, including the attenuative capacity and thickness of
the liners and soils present between the impoundment and ground water or
surface water; and
(4) All other
factors which would influence the quality and mobility of the leachate produced
and the potential for it to migrate to ground water or surface water.
(c) The owner or operator of each
new surface impoundment unit on which construction commences after January 29,
1992, each lateral expansion of a surface impoundment unit on which
construction commences after July 29, 1992 and each replacement of an existing
surface impoundment unit that is to commence reuse after July 29, 1992 must
install two or more liners and a leachate collection and removal system between
such liners. "Construction commences" is as defined in § 260.10 of this
rule under "existing facility".
(1)
(i) The liner system must include:
(A) A top liner designed and constructed of
materials (e.g., a geomembrane) to prevent the migration of hazardous
constituents into such liner during the active life and post-closure care
period; and
(B) A composite bottom
liner, consisting of at least two components. The upper component must be
designed and constructed of materials (e.g., a geomembrane) to prevent the
migration of hazardous constituents into this component during the active life
and post-closure care period. The lower component must be designed and
constructed of materials to minimize the migration of hazardous constituents if
a breach in the upper component were to occur. The lower component must be
constructed of at least 3 feet (91 cm) of compacted soil material with a
hydraulic conductivity of no more than 1x10-7
cm/sec.
(ii) The liners
must comply with paragraphs (a) (1), (2), and (3) of this section.
(2) The leachate collection and
removal system between the liners, and immediately above the bottom composite
liner in the case of multiple leachate collection and removal systems, is also
a leak detection system. This leak detection system must be capable of
detecting, collecting, and removing leaks of hazardous constituents at the
earliest practicable time through all areas of the top liner likely to be
exposed to waste or leachate during the active life and post-closure care
period. The requirements for a leak detection system in this paragraph are
satisfied by installation of a system that is, at a minimum:
(i) Constructed with a bottom slope of one
percent or more;
(ii) Constructed
of granular drainage materials with a hydraulic conductivity of
1x10- 1 cm/sec or more and a thickness of 12 inches
(30.5 cm) or more; or constructed of synthetic or geonet drainage materials
with a transmissivity of 3x10-4
m2/sec or more;
(iii) Constructed of materials that are
chemically resistant to the waste managed in the surface impoundment and the
leachate expected to be generated, and of sufficient strength and thickness to
prevent collapse under the pressures exerted by overlying wastes and any waste
cover materials or equipment used at the surface impoundment;
(iv) Designed and operated to minimize
clogging during the active life and post-closure care period; and
(v) Constructed with sumps and liquid removal
methods (e.g., pumps) of sufficient size to collect and remove liquids from the
sump and prevent liquids from backing up into the drainage layer. Each unit
must have its own sump(s). The design of each sump and removal system must
provide a method for measuring and recording the volume of liquids present in
the sump and of liquids removed.
(3) The owner or operator shall collect and
remove pumpable liquids in the sumps to minimize the head on the bottom
liner.
(4) The owner or operator of
a leak detection system that is not located completely above the seasonal high
water table must demonstrate that the operation of the leak detection system
will not be adversely affected by the presence of ground water.
(d) The Director may approve
alternative design or operating practices to those specified in paragraph (c)
of this section if the owner or operator demonstrates to the Director that such
design and operating practices, together with location characteristics:
(1) Will prevent the migration of any
hazardous constituent into the ground water or surface water at least as
effectively as the liners and leachate collection and removal system specified
in paragraph (c) of this section; and
(2) Will allow detection of leaks of
hazardous constituents through the top liner at least as effectively.
(e) The double liner requirement
set forth in paragraph (c) of this section may be waived by the Director for
any monofill, if:
(1) The monofill contains
only hazardous wastes from foundry furnace emission controls or metal casting
molding sand, and such wastes do not contain constituents which would render
the wastes hazardous for reasons other than the toxicity characteristic in
§ 261.24 of this rule; and
(2)
(i)
(A) The
monofill has at least one liner for which there is no evidence that such liner
is leaking. For the purposes of this paragraph, the term "liner" means a liner
designed, constructed, installed, and operated to prevent hazardous waste from
passing into the liner at any time during the active life of the facility, or a
liner designed, constructed, installed, and operated to prevent hazardous waste
from migrating beyond the liner to adjacent subsurface soil, ground water, or
surface water at any time during the active life of the facility. In the case
of any surface impoundment which has been exempted from the requirements of
paragraph (c) of this section on the basis of a liner designed, constructed,
installed, and operated to prevent hazardous waste from passing beyond the
liner, at the closure of such impoundment, the owner or operator must remove or
decontaminate all waste residues, all contaminated liner material, and
contaminated soil to the extent practicable. If all contaminated soil is not
removed or decontaminated, the owner or operator of such impoundment will
comply with appropriate post-closure requirements, including but not limited to
ground-water monitoring and corrective action;
(B) The monofill is located more than
one-quarter mile from an "underground source of drinking water" (as that term
is defined in APC&EC Rule 23 § 270.2); and
(C) The monofill is in compliance with
generally applicable ground-water monitoring requirements for facilities with
permits under RCRA section 3005(c); or
(ii) The owner or operator demonstrates that
the monofill is located, designed and operated so as to assure that there will
be no migration of any hazardous constituent into ground water or surface water
at any future time.
(f) The owner or operator of any replacement
surface impoundment unit is exempt from paragraph (c) of this section if:
(1) The existing unit was constructed in
compliance with the design standards of sections 3004 (o)(1)(A)(i) and (o)(5)
of the Resource Conservation and Recovery Act; and
(2) There is no reason to believe that the
liner is not functioning as designed.
(g) A surface impoundment must be designed,
constructed, maintained, and operated to prevent overtopping resulting from
normal or abnormal operations; overfilling; wind and wave action; rainfall;
run-on; malfunctions of level controllers, alarms, and other equipment; and
human error.
(h) A surface
impoundment must have dikes that are designed, constructed, and maintained with
sufficient structural integrity to prevent massive failure of the dikes. In
ensuring structural integrity, it must not be presumed that the liner system
will function without leakage during the active life of the unit.
(i) The Director will specify in the permit
all design and operating practices that are necessary to ensure that the
requirements of this section are satisfied.
§ 264.222
Action leakage
rate
(a) The Director shall approve an
action leakage rate for surface impoundment units subject to § 264.221 (c)
or (d). The action leakage rate is the maximum design flow rate that the leak
detection system (LDS) can remove without the fluid head on the bottom liner
exceeding 1 foot. The action leakage rate must include an adequate safety
margin to allow for uncertainties in the design (e.g., slope, hydraulic
conductivity, thickness of drainage material), construction, operation, and
location of the LDS, waste and leachate characteristics, likelihood and amounts
of other sources of liquids in the LDS, and proposed response actions (e.g.,
the action leakage rate must consider decreases in the flow capacity of the
system over time resulting from siltation and clogging, rib layover and creep
of synthetic components of the system, overburden pressures, etc.).
(b) To determine if the action leakage rate
has been exceeded, the owner or operator must convert the weekly or monthly
flow rate from the monitoring data obtained under § 264.226(d) to an
average daily flow rate (gallons per acre per day) for each sump. Unless the
Director approves a different calculation, the average daily flow rate for each
sump must be calculated weekly during the active life and closure period, and
if the unit is closed in accordance with § 264.228(b), monthly during the
post-closure care period when monthly monitoring is required under §
264.226(d).
§
264.223
Response actions
(a) The owner or operator of surface
impoundment units subject to § 264.221 (c) or (d) must have an approved
response action plan before receipt of waste. The response action plan must set
forth the actions to be taken if the action leakage rate has been exceeded. At
a minimum, the response action plan must describe the actions specified in
paragraph (b) of this section.
(b)
If the flow rate into the leak detection system exceeds the action leakage rate
for any sump, the owner or operator must:
(1)
Notify the Director in writing of the exceedance within 7 days of the
determination;
(2) Submit a
preliminary written assessment to the Director within 14 days of the
determination, as to the amount of liquids, likely sources of liquids, possible
location, size, and cause of any leaks, and short-term actions taken and
planned;
(3) Determine to the
extent practicable the location, size, and cause of any leak;
(4) Determine whether waste receipt should
cease or be curtailed, whether any waste should be removed from the unit for
inspection, repairs, or controls, and whether or not the unit should be
closed;
(5) Determine any other
short-term and longer-term actions to be taken to mitigate or stop any leaks;
and
(6) Within 30 days after the
notification that the action leakage rate has been exceeded, submit to the
Director the results of the analyses specified in paragraphs (b) (3), (4), and
(5) of this section, the results of actions taken, and actions planned. Monthly
thereafter, as long as the flow rate in the leak detection system exceeds the
action leakage rate, the owner or operator must submit to the Director a report
summarizing the results of any remedial actions taken and actions
planned.
(c) To make the
leak and/or remediation determinations in paragraphs (b) (3), (4), and (5) of
this section, the owner or operator must:
(1)
(i) Assess the source of liquids and amounts
of liquids by source,
(ii) Conduct
a fingerprint, hazardous constituent, or other analyses of the liquids in the
leak detection system to identify the source of liquids and possible location
of any leaks, and the hazard and mobility of the liquid; and
(iii) Assess the seriousness of any leaks in
terms of potential for escaping into the environment; or
(2) Document why such assessments are not
needed.
§§ 264.224
- 264.225
[Reserved]
§ 264.226
Monitoring and
inspection
(a) During construction and
installation, liners (except in the case of existing portions of surface
impoundments exempt from § 264.221(a)) and cover systems (e.g., membranes,
sheets, or coatings) must be inspected for uniformity, damage, and
imperfections (e.g., holes, cracks, thin spots, or foreign materials).
Immediately after construction or installation:
(1) Synthetic liners and covers must be
inspected to ensure tight seams and joints and the absence of tears, punctures,
or blisters; and
(2) Soil-based and
admixed liners and covers must be inspected for imperfections including lenses,
cracks, channels, root holes, or other structural non-uniformities that may
cause an increase in the permeability of the liner or cover.
(b) While a surface impoundment is
in operation, it must be inspected weekly and after storms to detect evidence
of any of the following:
(1) Deterioration,
malfunctions, or improper operation of overtopping control systems;
(2) Sudden drops in the level of the
impoundment's contents; and
(3)
Severe erosion or other signs of deterioration in dikes or other containment
devices.
(c) Prior to the
issuance of a permit, and after any extended period of time (at least six
months) during which the impoundment was not in service, the owner or operator
must obtain a certification from a qualified engineer that the impoundment's
dike, including that portion of any dike which provides freeboard, has
structural integrity. The certification must establish, in particular, that the
dike:
(1) Will withstand the stress of the
pressure exerted by the types and amounts of wastes to be placed in the
impoundment; and
(2) Will not fail
due to scouring or piping, without dependence on any liner system included in
the surface impoundment construction.
(d)
(1) An
owner or operator required to have a leak detection system under § 264.221
(c) or (d) must record the amount of liquids removed from each leak detection
system sump at least once each week during the active life and closure
period.
(2) After the final cover
is installed, the amount of liquids removed from each leak detection system
sump must be recorded at least monthly. If the liquid level in the sump stays
below the pump operating level for two consecutive months, the amount of
liquids in the sumps must be recorded at least quarterly. If the liquid level
in the sump stays below the pump operating level for two consecutive quarters,
the amount of liquids in the sumps must be recorded at least semi-annually. If
at any time during the post-closure care period the pump operating level is
exceeded at units on quarterly or semi-annual recording schedules, the owner or
operator must return to monthly recording of amounts of liquids removed from
each sump until the liquid level again stays below the pump operating level for
two consecutive months.
(3) "Pump
operating level" is a liquid level proposed by the owner or operator and
approved by the Director based on pump activation level, sump dimensions, and
level that avoids backup into the drainage layer and minimizes head in the
sump.
§
264.227
Emergency repairs; contingency plans
(a) A surface impoundment must be removed
from service in accordance with paragraph (b) of this section when:
(1) The level of liquids in the impoundment
suddenly drops and the drop is not known to be caused by changes in the flows
into or out of the impoundment; or
(2) The dike leaks.
(b) When a surface impoundment must be
removed from service as required by paragraph (a) of this section, the owner or
operator must:
(1) Immediately shut off the
flow or stop the addition of wastes into the impoundment;
(2) Immediately contain any surface leakage
which has occurred or is occurring;
(3) Immediately stop the leak;
(4) Take any other necessary steps to stop or
prevent catastrophic failure;
(5)
If a leak cannot be stopped by any other means, empty the impoundment;
and
(6) Notify the Director of the
problem in writing within seven days after detecting the problem.
(c) As part of the contingency
plan required in Subsection D of this section, the owner or operator must
specify a procedure for complying with the requirements of paragraph (b) of
this section.
(d) No surface
impoundment that has been removed from service in accordance with the
requirements of this section may be restored to service unless the portion of
the impoundment which was failing is repaired and the following steps are
taken:
(1) If the impoundment was removed from
service as the result of actual or imminent dike failure, the dike's structural
integrity must be recertified in accordance with § 264.226(c).
(2) If the impoundment was removed from
service as the result of a sudden drop in the liquid level, then:
(i) For any existing portion of the
impoundment, a liner must be installed in compliance with § 264.221(a);
and
(ii) For any other portion of
the impoundment, the repaired liner system must be certified by a qualified
engineer as meeting the design specifications approved in the permit.
(e) A surface
impoundment that has been removed from service in accordance with the
requirements of this section and that is not being repaired must be closed in
accordance with the provisions of § 264.228.
§ 264.228
Closure and post-closure
care
(a) At closure, the owner or
operator must:
(1) Remove or decontaminate
all waste residues, contaminated containment system components (liners, etc.),
contaminated subsoils, and structures and equipment contaminated with waste and
leachate, and manage them as hazardous waste unless § 261.3(d) of this
rule applies; or
(2)
(i) Eliminate free liquids by removing liquid
wastes or solidifying the remaining wastes and waste residues;
(ii) Stabilize remaining wastes to a bearing
capacity sufficient to support final cover; and
(iii) Cover the surface impoundment with a
final cover designed and constructed to:
(A)
Provide long-term minimization of the migration of liquids through the closed
impoundment;
(B) Function with
minimum maintenance;
(C) Promote
drainage and minimize erosion or abrasion of the final cover;
(D) Accommodate settling and subsidence so
that the cover's integrity is maintained; and
(E) Have a permeability less than or equal to
the permeability of any bottom liner system or natural subsoils
present.
(b) If some waste residues or contaminated
materials are left in place at final closure, the owner or operator must comply
with all post-closure requirements contained in §§ 264.117 through
264.120, including maintenance and monitoring throughout the post-closure care
period (specified in the permit under § 264.117). The owner or operator
must:
(1) Maintain the integrity and
effectiveness of the final cover, including making repairs to the cap as
necessary to correct the effects of settling, subsidence, erosion, or other
events;
(2) Maintain and monitor
the leak detection system in accordance with §§ 264.221(c)(2)(iv) and
(3) and 264.226(d), and comply with all other applicable leak detection system
requirements of this part;
(3)
Maintain and monitor the ground-water monitoring system and comply with all
other applicable requirements of Subsection F of this part; and
(4) Prevent run-on and run-off from eroding
or otherwise damaging the final cover.
(c)
(1) If
an owner or operator plans to close a surface impoundment in accordance with
paragraph (a)(1) of this section, and the impoundment does not comply with the
liner requirements of § 264.221(a) and is not exempt from them in
accordance with § 264.221(b), then:
(i)
The closure plan for the impoundment under § 264.112 must include both a
plan for complying with paragraph (a)(1) of this section and a contingent plan
for complying with paragraph (a)(2) of this section in case not all
contaminated subsoils can be practicably removed at closure; and
(ii) The owner or operator must prepare a
contingent post-closure plan under § 264.118 for complying with paragraph
(b) of this section in case not all contaminated subsoils can be practicably
removed at closure.
(2)
The cost estimates calculated under §§ 264.142 and 264.144 for
closure and post-closure care of an impoundment subject to this paragraph must
include the cost of complying with the contingent closure plan and the
contingent post-closure plan, but are not required to include the cost of
expected closure under paragraph (a)(1) of this section.
§ 264.229
Special
requirements for ignitable or reactive wastes
Ignitable or reactive waste must not be placed in a surface impoundment, unless the waste and impoundment satisfy all applicable requirements of § 268 and 40 CFR Part 268, and:
(a) The waste is treated, rendered, or mixed
before or immediately after placement in the impoundment so that:
(1) The resulting waste, mixture, or
dissolution of material no longer meets the definition of ignitable or reactive
waste under § 261.21 or § 261.23 of this rule; and
(2) Section 264.17(b) is complied with;
or
(b) The waste is
managed in such a way that it is protected from any material or conditions
which may cause it to ignite or react; or
(c) The surface impoundment is used solely
for emergencies.
§
264.230
Special requirements for incompatible wastes
Incompatible wastes, or incompatible wastes and materials, (see Appendix V of this Section for examples) must not be placed in the same surface impoundment, unless § 264.17(b) is complied with.
§ 264.231
Special requirements for
hazardous wastes F020, F021, F022, F023, F026, and F027
(a) Hazardous Wastes F020, F021, F022, F023,
F026, and F027 must not be placed in a surface impoundment unless the owner or
operator operates the surface impoundment in accordance with a management plan
for these wastes that is approved by the Director pursuant to the standards set
out in this paragraph, and in accord with all other applicable requirements of
this part. The factors to be considered are:
(1) The volume, physical, and chemical
characteristics of the wastes, including their potential to migrate through
soil or to volatilize or escape into the atmosphere;
(2) The attenuative properties of underlying
and surrounding soils or other materials;
(3) The mobilizing properties of other
materials co-disposed with these wastes; and
(4) The effectiveness of additional
treatment, design, or monitoring techniques.
(b) The Director may determine that
additional design, operating, and monitoring requirements are necessary for
surface impoundments managing hazardous wastes F020, F021, F022, F023, F026,
and F027 in order to reduce the possibility of migration of these wastes to
ground water, surface water, or air so as to protect human health and the
environment.
§
264.232
Air emission standards
The owner or operator shall manage all hazardous waste placed in a surface impoundment in accordance with the requirements of subsections BB and CC of this Section.
Subsection L
-- Waste Piles
§ 264.250
Applicability
(a) The rules in this Subsection apply to
owners and operators of facilities that store or treat hazardous waste in
piles, except as § 264.1 provides otherwise.
(b) The rules in this Subsection do not apply
to owners or operators of waste piles that are closed with wastes left in
place. Such waste piles are subject to regulation under Subsection N of this
section (Landfills).
(c) The owner
or operator of any waste pile that is inside or under a structure that provides
protection from precipitation so that neither run-off nor leachate is generated
is not subject to regulation under § 264.251 or under Subsection F of this
section, provided that:
(1) Liquids or
materials containing free liquids are not placed in the pile;
(2) The pile is protected from surface water
run-on by the structure or in some other manner;
(3) The pile is designed and operated to
control dispersal of the waste by wind, where necessary, by means other than
wetting; and
(4) The pile will not
generate leachate through decomposition or other reactions.
§ 264.251
Design and operating requirements
(a) A
waste pile (except for an existing portion of a waste pile) must have:
(1) A liner that is designed, constructed,
and installed to prevent any migration of wastes out of the pile into the
adjacent subsurface soil or ground water or surface water at any time during
the active life (including the closure period) of the waste pile. The liner may
be constructed of materials that may allow waste to migrate into the liner
itself (but not into the adjacent subsurface soil or ground water or surface
water) during the active life of the facility. The liner must be:
(i) Constructed of materials that have
appropriate chemical properties and sufficient strength and thickness to
prevent failure due to pressure gradients (including static head and external
hydrogeologic forces), physical contact with the waste or leachate to which
they are exposed, climatic conditions, the stress of installation, and the
stress of daily operation;
(ii)
Placed upon a foundation or base capable of providing support to the liner and
resistance to pressure gradients above and below the liner to prevent failure
of the liner due to settlement, compression, or uplift; and
(iii) Installed to cover all surrounding
earth likely to be in contact with the waste or leachate; and
(2) A leachate collection and
removal system immediately above the liner that is designed, constructed,
maintained, and operated to collect and remove leachate from the pile. The
Director will specify design and operating conditions in the permit to ensure
that the leachate depth over the liner does not exceed 30 cm (one foot). The
leachate collection and removal system must be:
(i) Constructed of materials that are:
(A) Chemically resistant to the waste managed
in the pile and the leachate expected to be generated; and
(B) Of sufficient strength and thickness to
prevent collapse under the pressures exerted by overlaying wastes, waste cover
materials, and by any equipment used at the pile; and
(ii) Designed and operated to function
without clogging through the scheduled closure of the waste pile.
(b) The owner or
operator will be exempted from the requirements of paragraph (a) of this
section, if the Director finds, based on a demonstration by the owner or
operator, that alternate design and operating practices, together with location
characteristics, will prevent the migration of any hazardous constituents (see
§ 264.93) into the ground water or surface water at any future time. In
deciding whether to grant an exemption, the Director will consider:
(1) The nature and quantity of the
wastes;
(2) The proposed alternate
design and operation;
(3) The
hydrogeologic setting of the facility, including attenuative capacity and
thickness of the liners and soils present between the pile and ground water or
surface water; and
(4) All other
factors which would influence the quality and mobility of the leachate produced
and the potential for it to migrate to ground water or surface water.
(c) The owner or operator of each
new waste pile unit, each lateral expansion of a waste pile unit, and each
replacement of an existing waste pile unit must install two or more liners and
a leachate collection and removal system above and between such liners.
(1)
(i) The
liner system must include:
(A) A top liner
designed and constructed of materials (e.g., a geomembrane) to prevent the
migration of hazardous constituents into such liner during the active life and
post-closure care period; and
(B) A
composite bottom liner, consisting of at least two components. The upper
component must be designed and constructed of materials (e.g., a geomembrane)
to prevent the migration of hazardous constituents into this component during
the active life and post-closure care period. The lower component must be
designed and constructed of materials to minimize the migration of hazardous
constituents if a breach in the upper component were to occur. The lower
component must be constructed of at least 3 feet (91 cm) of compacted soil
material with a hydraulic conductivity of no more than
1X10-7 cm/sec.
(ii) The liners must comply with paragraphs
(a)(1)(i), (ii), and (iii) of this section.
(2) The leachate collection and removal
system immediately above the top liner must be designed, constructed, operated,
and maintained to collect and remove leachate from the waste pile during the
active life and post-closure care period. The Director will specify design and
operating conditions in the permit to ensure that the leachate depth over the
liner does not exceed 30 cm (one foot). The leachate collection and removal
system must comply with paragraphs (c)(3)(iii) and (iv) of this
section.
(3) The leachate
collection and removal system between the liners, and immediately above the
bottom composite liner in the case of multiple leachate collection and removal
systems, is also a leak detection system. This leak detection system must be
capable of detecting, collecting, and removing leaks of hazardous constituents
at the earliest practicable time through all areas of the top liner likely to
be exposed to waste or leachate during the active life and post-closure care
period. The requirements for a leak detection system in this paragraph are
satisfied by installation of a system that is, at a minimum:
(i) Constructed with a bottom slope of one
percent or more;
(ii) Constructed
of granular drainage materials with a hydraulic conductivity of
1X10-2 cm/sec or more and a thickness of 12 inches
(30.5 cm) or more; or constructed of synthetic or geonet drainage materials
with a transmissivity of 3x10-5
m2/sec or more:
(iii) Constructed of materials that are
chemically resistant to the waste managed in the waste pile and the leachate
expected to be generated, and of sufficient strength and thickness to prevent
collapse under the pressures exerted by overlying wastes, waste cover
materials, and equipment used at the waste pile;
(iv) Designed and operated to minimize
clogging during the active life and post-closure care period; and
(v) Constructed with sumps and liquid removal
methods (e.g., pumps) of sufficient size to collect and remove liquids from the
sump and prevent liquids from backing up into the drainage layer. Each unit
must have its own sump(s). The design of each sump and removal system must
provide a method for measuring and recording the volume of liquids present in
the sump and of liquids removed.
(4) The owner or operator shall collect and
remove pumpable liquids in the leak detection system sumps to minimize the head
on the bottom liner.
(5) The owner
or operator of a leak detection system that is not located completely above the
seasonal high water table must demonstrate that the operation of the leak
detection system will not be adversely affected by the presence of ground
water.
(d) The Director
may approve alternative design or operating practices to those specified in
paragraph (c) of this section if the owner or operator demonstrates to the
Director that such design and operating practices, together with location
characteristics:
(1) Will prevent the
migration of any hazardous constituent into the ground water or surface water
at least as effectively as the liners and leachate collection and removal
systems specified in paragraph (c) of this section; and
(2) Will allow detection of leaks of
hazardous constituents through the top liner at least as effectively.
(e) Paragraph (c) of this section
does not apply to monofills that are granted a waiver by the Director in
accordance with § 264.221(e).
(f) The owner or operator of any replacement
waste pile unit is exempt from paragraph (c) of this section if:
(1) The existing unit was constructed in
compliance with the design standards of Section 3004(o)(1)(A)(i) and (o)(5) of
the federal Resource Conservation and Recovery Act; and
(2) There is no reason to believe that the
liner is not functioning as designed.
(g) The owner or operator must design,
construct, operate, and maintain a run-on control system capable of preventing
flow onto the active portion of the pile during peak discharge from at least a
25-year storm.
(h) The owner or
operator must design, construct, operate, and maintain a run-off management
system to collect and control at least the water volume resulting from a
24-hour, 25-year storm.
(i)
Collection and holding facilities (e.g., tanks or basins) associated with
run-on and run-off control systems must be emptied or otherwise managed
expeditiously after storms to maintain design capacity of the system.
(j) If the pile contains any particulate
matter which may be subject to wind dispersal, the owner or operator must cover
or otherwise manage the pile to control wind dispersal.
(k) The Director will specify in the permit
all design and operating practices that are necessary to ensure that the
requirements of this section are satisfied.
§ 264.252
Action leakage
rate
(a) The Director shall approve an
action leakage rate for waste pile units subject to § 264.251(c) or (d).
The action leakage rate is the maximum design flow rate that the leak detection
system (LDS) can remove without the fluid head on the bottom liner exceeding 1
foot. The action leakage rate must include an adequate safety margin to allow
for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness
of drainage material), construction, operation, and location of the LDS, waste
and leachate characteristics, likelihood and amounts of other sources of
liquids in the LDS, and proposed response actions (e.g., the action leakage
rate must consider decreases in the flow capacity of the system over time
resulting from siltation and clogging, rib layover and creep of synthetic
components of the system, overburden pressures, etc.).
(b) To determine if the action leakage rate
has been exceeded, the owner or operator must convert the weekly flow rate from
the monitoring data obtained under § 264.254(c) to an average daily flow
rate (gallons per acre per day) for each sump. Unless the Director approves a
different calculation, the average daily flow rate for each sump must be
calculated weekly during the active life and closure period.
§ 264.253
Response
actions
(a) The owner or operator of
waste pile units subject to § 264.251 (c) or (d) must have an approved
response action plan before receipt of waste. The response action plan must set
forth the actions to be taken if the action leakage rate has been exceeded. At
a minimum, the response action plan must describe the actions specified in
paragraph (b) of this section.
(b)
If the flow rate into the leak detection system exceeds the action leakage rate
for any sump, the owner or operator must:
(1)
Notify the Director in writing of the exceedance within 7 days of the
determination;
(2) Submit a
preliminary written assessment to the Director within 14 days of the
determination, as to the amount of liquids, likely sources of liquids, possible
location, size, and cause of any leaks, and short-term actions taken and
planned;
(3) Determine to the
extent practicable the location, size, and cause of any leak;
(4) Determine whether waste receipt should
cease or be curtailed, whether any waste should be removed from the unit for
inspection, repairs, or controls, and whether or not the unit should be
closed;
(5) Determine any other
short-term and long-term actions to be taken to mitigate or stop any leaks;
and
(6) Within 30 days after the
notification that the action leakage rate has been exceeded, submit to the
Director the results of the analyses specified in paragraphs (b) (3), (4), and
(5) of this section, the results of actions taken, and actions planned. Monthly
thereafter, as long as the flow rate in the leak detection system exceeds the
action leakage rate, the owner or operator must submit to the Director a report
summarizing the results of any remedial actions taken and actions
planned.
(c) To make the
leak and/or remediation determinations in paragraphs (b) (3), (4), and (5) of
this section, the owner or operator must:
(1)
(i) Assess the source of liquids and amounts
of liquids by source,
(ii) Conduct
a fingerprint, hazardous constituent, or other analyses of the liquids in the
leak detection system to identify the source of liquids and possible location
of any leaks, and the hazard and mobility of the liquid; and
(iii) Assess the seriousness of any leaks in
terms of potential for escaping into the environment; or
(2) Document why such assessments are not
needed.
§
264.254
Monitoring and inspection
(a) During construction or installation,
liners (except in the case of existing portions of piles exempt from §
264.251(a)) and cover systems (e.g., membranes, sheets, or coatings) must be
inspected for uniformity, damage, and imperfections (e.g., holes, cracks, thin
spots, or foreign materials). Immediately after construction or installation:
(1) Synthetic liners and covers must be
inspected to ensure tight seams and joints and the absence of tears, punctures,
or blisters; and
(2) Soil-based and
admixed liners and covers must be inspected for imperfections including lenses,
cracks, channels, root holes, or other structural non-uniformities that may
cause an increase in the permeability of the liner or cover.
(b) While a waste pile is in
operation, it must be inspected weekly and after storms to detect evidence of
any of the following:
(1) Deterioration,
malfunctions, or improper operation of run-on and run-off control
systems;
(2) Proper functioning of
wind dispersal control systems, where present; and
(3) The presence of leachate in and proper
functioning of leachate collection and removal systems, where
present.
(c) An owner or
operator required to have a leak detection system under § 264.251(c) must
record the amount of liquids removed from each leak detection system sump at
least once each week during the active life and closure period.
§ 264.255
[Reserved]
§ 264.256
Special requirements for ignitable or reactive waste
Ignitable or reactive waste must not be place in a waste pile unless the waste and waste pile satisfy all applicable requirements of § 268 and 40 CFR part 268, and:
(a) The
waste is treated, rendered, or mixed before or immediately after placement in
the pile so that:
(1) The resulting waste,
mixture, or dissolution of material no longer meets the definition of ignitable
or reactive waste under § 261.21 or § 261.23 of this rule;
and
(2) Section 264.17(b) is
complied with; or
(b) The
waste is managed in such a way that it is protected from any material or
conditions which may cause it to ignite or react.
§ 264.257
Special requirements for
incompatible wastes
(a) Incompatible
wastes, or incompatible wastes and materials, (see Appendix V of this section
for examples) must not be placed in the same pile, unless § 264.17(b) is
complied with.
(b) A pile of
hazardous waste that is incompatible with any waste or other material stored
nearby in containers, other piles, open tanks, or surface impoundments must be
separated from the other materials, or protected from them by means of a dike,
berm, wall, or other device.
(c)
Hazardous waste must not be piled on the same base where incompatible wastes or
materials were previously piled, unless the base has been decontaminated
sufficiently to ensure compliance with § 264.17(b).
§ 264.258
Closure and post-closure
care
(a) At closure, the owner or
operator must remove or decontaminate all waste residues, contaminated
containment system components (liners, etc.), contaminated subsoils, and
structures and equipment contaminated with waste and leachate, and manage them
as hazardous waste unless § 261.3(d) of this rule applies.
(b) If, after removing or decontaminating all
residues and making all reasonable efforts to effect removal or decontamination
of contaminated components, subsoils, structures, and equipment as required in
paragraph (a) of this section, the owner or operator finds that not all
contaminated subsoils can be practicably removed or decontaminated, he must
close the facility and perform post-closure care in accordance with the closure
and post-closure care requirements that apply to landfills (§
264.310).
(c)
(1) The owner or operator of a waste pile
that does not comply with the liner requirements of § 264.251(a)(1) and is
not exempt from them in accordance with § 264.250(c) or § 264.251(b),
must:
(i) Include in the closure plan for the
pile under § 264.112 both a plan for complying with paragraph (a) of this
section and a contingent plan for complying with paragraph (b) of this section
in case not all contaminated subsoils can be practicably removed at closure;
and
(ii) Prepare a contingent
post-closure plan under § 264.118 for complying with paragraph (b) of this
section in case not all contaminated subsoils can be practicably removed at
closure.
(2) The cost
estimates calculated under §§ 264.142 and 264.144 for closure and
post-closure care of a pile subject to this paragraph must include the cost of
complying with the contingent closure plan and the contingent post-closure
plan, but are not required to include the cost of expected closure under
paragraph (a) of this section.
§ 264.259
Special requirements for
hazardous wastes F020, F021, F022, F023, F026, and F027
(a) Hazardous Wastes F020, F021, F022, F023,
F026, and F027 must not be placed in waste piles that are not enclosed (as
defined in § 264.250(c)) unless the owner or operator operates the waste
pile in accordance with a management plan for these wastes that is approved by
the Director pursuant to the standards set out in this paragraph, and in accord
with all other applicable requirements of this part. The factors to be
considered are:
(1) The volume, physical, and
chemical characteristics of the wastes, including their potential to migrate
through soil or to volatilize or escape into the atmosphere;
(2) The attenuative properties of underlying
and surrounding soils or other materials;
(3) The mobilizing properties of other
materials co-disposed with these wastes; and
(4) The effectiveness of additional
treatment, design, or monitoring techniques.
(b) The Director may determine that
additional design, operating, and monitoring requirements are necessary for
piles managing hazardous wastes F020, F021, F022, F023, F026, and, F027 in
order to reduce the possibility of migration of these wastes to ground water,
surface water, or air so as to protect human health and the environment.
Subsection M
-- Land Treatment
§ 264.270
Applicability
The rules in this Subsection apply to owners and operators of facilities that treat or dispose of hazardous waste in land treatment units, except as § 264.1 provides otherwise.
§ 264.271
Treatment Program
(a) An owner or operator subject to this
Subsection must establish a land treatment program that is designed to ensure
that hazardous constituents placed in or on the treatment zone are degraded,
transformed, or immobilized within the treatment zone. The Director will
specify in the facility permit the elements of the treatment program,
including:
(1) The wastes that are capable of
being treated at the unit based on a demonstration under §
264.272;
(2) Design measures and
operating practices necessary to maximize the success of degradation,
transformation, and immobilization processes in the treatment zone in
accordance with § 264.273(a); and
(3) Unsaturated zone monitoring provisions
meeting the requirements of § 264.278.
(b) The Director will specify in the facility
permit the hazardous constituents that must be degraded, transformed, or
immobilized under this Subsection. Hazardous constituents are constituents
identified in Appendix VIII of § 261 of this rule that are reasonably
expected to be in, or derived from, waste placed in or on the treatment
zone.
(c) The Director will specify
the vertical and horizontal dimensions of the treatment zone in the facility
permit. The treatment zone is the portion of the unsaturated zone below and
including the land surface in which the owner or operator intends to maintain
the conditions necessary for effective degradation, transformation, or
immobilization of hazardous constituents. The maximum depth of the treatment
zone must be:
(1) No more than 1.5 meters (5
feet) from the initial soil surface; and
(2) More than 1 meter (3 feet) above the
seasonal high water table.
§ 264.272
Treatment
demonstration
(a) For each waste that
will be applied to the treatment zone, the owner or operator must demonstrate,
prior to application of the waste, that hazardous constituents in the waste can
be completely degraded, transformed, or immobilized in the treatment
zone.
(b) In making this
demonstration, the owner or operator may use field tests, laboratory analyses,
available data, or, in the case of existing units, operating data. If the owner
or operator intends to conduct field tests or laboratory analyses in order to
make the demonstration required under paragraph (a) of this section, he must
obtain a treatment or disposal permit under § 270.63. The Director will
specify in this permit the testing, analytical, design, and operating
requirements (including the duration of the tests and analyses, and, in the
case of field tests, the horizontal and vertical dimensions of the treatment
zone, monitoring procedures, closure and clean-up activities) necessary to meet
the requirements in paragraph (c) of this section.
(c) Any field test or laboratory analysis
conducted in order to make a demonstration under paragraph (a) of this section
must:
(1) Accurately simulate the
characteristics and operating conditions for the proposed land treatment unit
including:
(i) The characteristics of the
waste (including the presence of Appendix VIII of § 261 of this rule
constituents);
(ii) The climate in
the area;
(iii) The topography of
the surrounding area;
(iv) The
characteristics of the soil in the treatment zone (including depth);
and
(v) The operating practices to
be used at the unit.
(2)
Be likely to show that hazardous constituents in the waste to be tested will be
completely degraded, transformed, or immobilized in the treatment zone of the
proposed land treatment unit; and
(3) Be conducted in a manner that protects
human health and the environment considering:
(i) The characteristics of the waste to be
tested;
(ii) The operating and
monitoring measures taken during the course of the test;
(iii) The duration of the test;
(iv) The volume of waste used in the
test;
(v) In the case of field
tests, the potential for migration of hazardous constituents to ground water or
surface water.
§ 264.273
Design and operating
requirements
The Director will specify in the facility permit how the owner or operator will design, construct, operate, and maintain the land treatment unit in compliance with this section.
(a) The owner or operator must design,
construct, operate, and maintain the unit to maximize the degradation,
transformation, and immobilization of hazardous constituents in the treatment
zone. The owner or operator must design, construct, operate, and maintain the
unit in accord with all design and operating conditions that were used in the
treatment demonstration under § 264.272. At a minimum, the Director will
specify the following in the facility permit:
(1) The rate and method of waste application
to the treatment zone;
(2) Measures
to control soil pH;
(3) Measures to
enhance microbial or chemical reactions (e.g., fertilization, tilling);
and
(4) Measures to control the
moisture content of the treatment zone.
(b) The owner or operator must design,
construct, operate, and maintain the treatment zone to minimize run-off of
hazardous constituents during the active life of the land treatment
unit.
(c) The owner or operator
must design, construct, operate, and maintain a run-on control system capable
of preventing flow onto the treatment zone during peak discharge from at least
a 25-year storm.
(d) The owner or
operator must design, construct, operate, and maintain a run-off management
system to collect and control at least the water volume resulting from a
24-hour, 25-year storm.
(e)
Collection and holding facilities (e.g., tanks or basins) associated with
run-on and run-off control systems must be emptied or otherwise managed
expeditiously after storms to maintain the design capacity of the
system.
(f) If the treatment zone
contains particulate matter which may be subject to wind dispersal, the owner
or operator must manage the unit to control wind dispersal.
(g) The owner or operator must inspect the
unit weekly and after storms to detect evidence of:
(1) Deterioration, malfunctions, or improper
operation of run-on and run-off control systems; and
(2) Improper functioning of wind dispersal
control measures.
§§ 264.274 - 264.275 [Reserved]
§ 264.276
Food-chain crops
The Director may allow the growth of food-chain crops in or on the treatment zone only if the owner or operator satisfies the conditions of this section. The Director will specify in the facility permit the specific food-chain crops which may be grown.
(a)
(1) The
owner or operator must demonstrate that there is no substantial risk to human
health caused by the growth of such crops in or on the treatment zone by
demonstrating, prior to the planting of such crops, that hazardous constituents
other than cadmium:
(i) Will not be
transferred to the food or feed portions of the crop by plant uptake or direct
contact, and will not otherwise be ingested by food-chain animals (e.g., by
grazing); or
(ii) Will not occur in
greater concentrations in or on the food or feed portions of crops grown on the
treatment zone than in or on identical portions of the same crops grown on
untreated soils under similar conditions in the same region.
(2) The owner or operator must
make the demonstration required under this paragraph prior to the planting of
crops at the facility for all constituents identified in Appendix VIII of
§ 261 of this rule that are reasonably expected to be in, or derived from,
waste placed in or on the treatment zone.
(3) In making a demonstration under this
paragraph, the owner or operator may use field tests, greenhouse studies,
available data, or, in the case of existing units, operating data, and must:
(i) Base the demonstration on conditions
similar to those present in the treatment zone, including soil characteristics
(e.g., pH, cation exchange capacity), specific wastes, application rates,
application methods, and crops to be grown; and
(ii) Describe the procedures used in
conducting any tests, including the sample selection criteria, sample size,
analytical methods, and statistical procedures.
(4) If the owner or operator intends to
conduct field tests or greenhouse studies in order to make the demonstration
required under this paragraph, he must obtain a permit for conducting such
activities.
(b) The owner
or operator must comply with the following conditions if cadmium is contained
in wastes applied to the treatment zone:
(1)
(i) The pH of the waste and soil mixture must
be 6.5 or greater at the time of each waste application, except for waste
containing cadmium at concentrations of 2 mg/kg (dry weight) or less;
(ii) The annual application of cadmium from
waste must not exceed 0.5 kilograms per hectare (kg/ha) on land used for
production of tobacco, leafy vegetables, or root crops grown for human
consumption. For other food-chain crops, the annual cadmium application rate
must not exceed:
|
Time period |
Annual Cd application rate (kilograms per hectare) |
|
Present to June 30, 1984 |
2.0 |
|
July 1, 1984 to Dec. 31, 1986 |
1.25 |
|
Beginning January 1, 1987 |
0.5 |
(iii)
The cumulative application of cadmium from waste must not exceed 5 kg/ha if the
waste and soil mixture has a pH of less than 6.5; and
(iv) If the waste and soil mixture has a pH
of 6.5 or greater or is maintained at a pH of 6.5 or greater during crop
growth, the cumulative application of cadmium from waste must not exceed: 5
kg/ha if soil cation exchange capacity (CEC) is less than 5 meq/100g; 10 kg/ha
if soil CEC is 5-15 meq/100g; and 20 kg/ha if soil CEC is greater than 15
meq/100g; or
(2)
(i) Animal feed must be the only food-chain
crop produced;
(ii) The pH of the
waste and soil mixture must be 6.5 or greater at the time of waste application
or at the time the crop is planted, whichever occurs later, and this pH level
must be maintained whenever food-chain crops are grown;
(iii) There must be an operating plan which
demonstrates how the animal feed will be distributed to preclude ingestion by
humans. The operating plan must describe the measures to be taken to safeguard
against possible health hazards from cadmium entering the food chain, which may
result from alternative land uses; and
(iv) Future property owners must be notified
by a stipulation in the land record or property deed which states that the
property has received waste at high cadmium application rates and that
food-chain crops must not be grown except in compliance with paragraph (b)(2)
of this section.
§ 264.277
[Reserved]
§ 264.278
Unsaturated zone monitoring
An owner or operator subject to this Subsection must establish an unsaturated zone monitoring program to discharge the following responsibilities:
(a) The owner or
operator must monitor the soil and soil-pore liquid to determine whether
hazardous constituents migrate out of the treatment zone.
(1) The Director will specify the hazardous
constituents to be monitored in the facility permit. The hazardous constituents
to be monitored are those specified under § 264.271(b).
(2) The Director may require monitoring for
principal hazardous constituents (PHCs) in lieu of the constituents specified
under § 264.271(b). PHCs are hazardous constituents contained in the
wastes to be applied at the unit that are the most difficult to treat,
considering the combined effects of degradation, transformation, and
immobilization. The Director will establish PHCs if he finds, based on waste
analyses, treatment demonstrations, or other data, that effective degradation,
transformation, or immobilization of the PHCs will assure treatment at least
equivalent levels for the other hazardous constituents in the wastes.
(b) The owner or operator must
install an unsaturated zone monitoring system that includes soil monitoring
using soil cores and soil-pore liquid monitoring using devices such as
lysimeters. The unsaturated zone monitoring system must consist of a sufficient
number of sampling points at appropriate locations and depths to yield samples
that:
(1) Represent the quality of background
soil-pore liquid quality and the chemical make-up of soil that has not been
affected by leakage from the treatment zone; and
(2) Indicate the quality of soil-pore liquid
and the chemical make-up of the soil below the treatment zone.
(c) The owner or operator must
establish a background value for each hazardous constituent to be monitored
under paragraph (a) of this section. The permit will specify the background
values for each constituent or specify the procedures to be used to calculate
the background values.
(1) Background soil
values may be based on a one-time sampling at a background plot having
characteristics similar to those of the treatment zone.
(2) Background soil-pore liquid values must
be based on at least quarterly sampling for one year at a background plot
having characteristics similar to those of the treatment zone.
(3) The owner or operator must express all
background values in a form necessary for the determination of statistically
significant increases under paragraph (f) of this section.
(4) In taking samples used in the
determination of all background values, the owner or operator must use an
unsaturated zone monitoring system that complies with paragraph (b)(1) of this
section.
(d) The owner or
operator must conduct soil monitoring and soil-pore liquid monitoring
immediately below the treatment zone. The Director will specify the frequency
and timing of soil and soil-pore liquid monitoring in the facility permit after
considering the frequency, timing, and rate of waste application, and the soil
permeability. The owner or operator must express the results of soil and
soil-pore liquid monitoring in a form necessary for the determination of
statistically significant increases under paragraph (f) of this
section.
(e) The owner or operator
must use consistent sampling and analysis procedures that are designed to
ensure sampling results that provide a reliable indication of soil-pore liquid
quality and the chemical make-up of the soil below the treatment zone. At a
minimum, the owner or operator must implement procedures and techniques for:
(1) Sample collection;
(2) Sample preservation and
shipment;
(3) Analytical
procedures; and
(4) Chain of
custody control.
(f) The
owner or operator must determine whether there is a statistically significant
change over background values for any hazardous constituent to be monitored
under paragraph (a) of this section below the treatment zone each time he
conducts soil monitoring and soil-pore liquid monitoring under paragraph (d) of
this section.
(1) In determining whether a
statistically significant increase has occurred, the owner or operator must
compare the value of each constituent, as determined under paragraph (d) of
this section, to the background value for that constituent according to the
statistical procedure specified in the facility permit under this
paragraph.
(2) The owner or
operator must determine whether there has been a statistically significant
increase below the treatment zone within a reasonable time period after
completion of sampling. The Director will specify that time period in the
facility permit after considering the complexity of the statistical test and
the availability of laboratory facilities to perform the analysis of soil and
soil-pore liquid samples.
(3) The
owner or operator must determine whether there is a statistically significant
increase below the treatment zone using a statistical procedure that provides
reasonable confidence that migration from the treatment zone will be
identified. The Director will specify a statistical procedure in the facility
permit that he finds:
(i) Is appropriate for
the distribution of the data used to establish background values; and
(ii) Provides a reasonable balance between
the probability of falsely identifying migration from the treatment zone and
the probability of failing to identify real migration from the treatment
zone.
(g) If
the owner or operator determines, pursuant to paragraph (f) of this section,
that there is a statistically significant increase of hazardous constituents
below the treatment zone, he must:
(1) Notify
the Director of this finding in writing within seven days. The notification
must indicate what constituents have shown statistically significant
increases.
(2) Within 90 days,
submit to the Director an application for a permit modification to modify the
operating practices at the facility in order to maximize the success of
degradation, transformation, or immobilization processes in the treatment
zone.
(h) If the owner or
operator determines, pursuant to paragraph (f) of this section, that there is a
statistically significant increase of hazardous constituents below the
treatment zone, he may demonstrate that a source other than regulated units
caused the increase or that the increase resulted from an error in sampling,
analysis, or evaluation. While the owner or operator may make a demonstration
under this paragraph in addition to, or in lieu of, submitting a permit
modification application under paragraph (g)(2) of this section, he is not
relieved of the requirement to submit a permit modification application within
the time specified in paragraph (g)(2) of this section unless the demonstration
made under this paragraph successfully shows that a source other than regulated
units caused the increase or that the increase resulted from an error in
sampling, analysis, or evaluation. In making a demonstration under this
paragraph, the owner or operator must:
(1)
Notify the Director in writing within seven days of determining a statistically
significant increase below the treatment zone that he intends to make a
determination under this paragraph;
(2) Within 90 days, submit a report to the
Director demonstrating that a source other than the regulated units caused the
increase or that the increase resulted from error in sampling, analysis, or
evaluation;
(3) Within 90 days,
submit to the Director an application for a permit modification to make any
appropriate changes to the unsaturated zone monitoring program at the facility;
and
(4) Continue to monitor in
accordance with the unsaturated zone monitoring program established under this
section.
§
264.279
Recordkeeping
The owner or operator must include hazardous waste application dates and rates in the operating record required under § 264.73.
§ 264.280
Closure and post-closure care
(a) During the closure period the owner or
operator must:
(1) Continue all operations
(including pH control) necessary to maximize degradation, transformation, or
immobilization of hazardous constituents within the treatment zone as required
under § 264.273(a), except to the extent such measures are inconsistent
with paragraph (a)(8) of this section.
(2) Continue all operations in the treatment
zone to minimize run-off of hazardous constituents as required under §
264.273(b);
(3) Maintain the run-on
control system required under § 264.273(c);
(4) Maintain the run-off management system
required under § 264.273(d);
(5) Control wind dispersal of hazardous waste
if required under § 264.273(f);
(6) Continue to comply with any prohibitions
or conditions concerning growth of food-chain crops under §
264.276;
(7) Continue unsaturated
zone monitoring in compliance with § 264.278, except that soil-pore liquid
monitoring may be terminated 90 days after the last application of waste to the
treatment zone; and
(8) Establish a
vegetative cover on the portion of the facility being closed at such time that
the cover will not substantially impede degradation, transformation, or
immobilization of hazardous constituents in the treatment zone. The vegetative
cover must be capable of maintaining growth without extensive
maintenance.
(b) For the
purpose of complying with § 264.115, when closure is completed the owner
or operator may submit to the Director certification by an independent
qualified soil scientist, in lieu of an independent Arkansas-registered
professional engineer, that the facility has been closed in accordance with the
specifications in the approved closure plan.
(c) During the post-closure care period the
owner or operator must:
(1) Continue all
operations (including pH control) necessary to enhance degradation and
transformation and sustain immobilization of hazardous constituents in the
treatment zone to the extent that such measures are consistent with other
post-closure care activities;
(2)
Maintain a vegetative cover over closed portions of the facility;
(3) Maintain the run-on control system
required under § 264.273(c);
(4) Maintain the run-off management system
required under § 264.273(d);
(5) Control wind dispersal of hazardous waste
if required under § 264.273(f);
(6) Continue to comply with any prohibitions
or conditions concerning growth of food-chain crops under § 264.276;
and
(7) Continue unsaturated zone
monitoring in compliance with § 264.278, except that soil-pore liquid
monitoring may be terminated 90 days after the last application of waste to the
treatment zone.
(d) The
owner or operator is not subject to regulation under paragraphs (a)(8) and (c)
of this section if the Director finds that the level of hazardous constituents
in the treatment zone soil does not exceed the background value of those
constituents by an amount that is statistically significant when using the test
specified in paragraph (d)(3) of this section. The owner or operator may submit
such a demonstration to the Director at any time during the closure or
post-closure care periods. For the purposes of this paragraph:
(1) The owner or operator must establish
background soil values and determine whether there is a statistically
significant increase over those values for all hazardous constituents specified
in the facility permit under § 264.271 (b).
(i) Background soil values may be based on a
one-time sampling of a background plot having characteristics similar to those
of the treatment zone.
(ii) The
owner or operator must express background values and values for hazardous
constituents in the treatment zone in a form necessary for the determination of
statistically significant increases under paragraph (d)(3) of this
section.
(2) In taking
samples used in the determination of background and treatment zone values, the
owner or operator must take samples at a sufficient number of sampling points
and at appropriate locations and depths to yield samples that represent the
chemical make-up of soil that has not been affected by leakage from the
treatment zone and the soil within the treatment zone, respectively.
(3) In determining whether a statistically
significant increase has occurred, the owner or operator must compare the value
of each constituent in the treatment zone to the background value for that
constituent using a statistical procedure that provides reasonable confidence
that constituent presence in the treatment zone will be identified. The owner
or operator must use a statistical procedure that:
(i) Is appropriate for the distribution of
the data used to establish background values; and
(ii) Provides a reasonable balance between
the probability of falsely identifying hazardous constituent presence in the
treatment zone and the probability of failing to identify real presence in the
treatment zone.
(e) The owner or operator is not subject to
regulation under Subsection F of this rule if the Director finds that the owner
or operator satisfies paragraph (d) of this section and if unsaturated zone
monitoring under § 264.278 indicates that hazardous constituents have not
migrated beyond the treatment zone during the active life of the land treatment
unit.
§ 264.281
Special requirements for ignitable or reactive waste
The owner or operator must not apply ignitable or reactive waste to the treatment zone unless the waste and the treatment zone meet all applicable requirements of § 268 and 40 CFR Part 268, and:
(a) The waste is immediately incorporated
into the soil so that:
(1) The resulting
waste, mixture, or dissolution of material no longer meets the definition of
ignitable or reactive waste under § 261.21 or § 261.23 of this rule;
and
(2) Section 264.17(b) is
complied with; or
(b) The
waste is managed in such a way that it is protected from any material or
conditions which may cause it to ignite or react.
§ 264.282
Special requirements for
incompatible wastes
The owner or operator must not place incompatible wastes, or incompatible wastes and materials (see Appendix V of this section for examples), in or on the same treatment zone, unless § 264.17(b) is complied with.
§
264.283
Special requirements for hazardous wastes F020,
F021, F022, F023, F026, and F027
(a)
Hazardous Wastes F020, F021, F022, F023, F026, and F027 must not be placed in a
land treatment unit unless the owner or operator operates the facility in
accordance with a management plan for these wastes that is approved by the
Director pursuant to the standards set out in this paragraph, and in accord
with all other applicable requirements of this part. The factors to be
considered are:
(1) The volume, physical, and
chemical characteristics of the wastes, including their potential to migrate
through soil or to volatilize or escape into the atmosphere;
(2) The attenuative properties of underlying
and surrounding soils or other materials;
(3) The mobilizing properties of other
materials co-disposed with these wastes; and
(4) The effectiveness of additional
treatment, design, or monitoring techniques.
(b) The Director may determine that
additional design, operating, and monitoring requirements are necessary for
land treatment facilities managing hazardous wastes F020, F021, F022, F023,
F026, and F027 in order to reduce the possibility of migration of these wastes
to ground water, surface water, or air so as to protect human health and the
environment.
Subsection
N
-- Landfills
§
264.300
Applicability
The rules in this Subsection apply to owners and operators of facilities that dispose of hazardous waste in landfills, except as § 264.1 provides otherwise.
§
264.301
Design and operating requirements
(a) Any landfill that is not covered by
paragraph (c) of this section or § 265.301(a) of this rule must have a
liner system for all portions of the landfill (except for existing portions of
such landfill). The liner system must have:
(1) A liner that is designed, constructed,
and installed to prevent any migration of wastes out of the landfill to the
adjacent subsurface soil or ground water or surface water at anytime during the
active life (including the closure period) of the landfill. The liner must be
constructed of materials that prevent wastes from passing into the liner during
the active life of the facility. The liner must be:
(i) Constructed of materials that have
appropriate chemical properties and sufficient strength and thickness to
prevent failure due to pressure gradients (including static head and external
hydrogeologic forces), physical contact with the waste or leachate to which
they are exposed, climatic conditions, the stress of installation, and the
stress of daily operation;
(ii)
Placed upon a foundation or base capable of providing support to the liner and
resistance to pressure gradients above and below the liner to prevent failure
of the liner due to settlement, compression, or uplift; and
(iii) Installed to cover all surrounding
earth likely to be in contact with the waste or leachate; and
(2) A leachate collection and
removal system immediately above the liner that is designed, constructed,
maintained, and operated to collect and remove leachate from the landfill. The
Director will specify design and operating conditions in the permit to ensure
that the leachate depth over the liner does not exceed 30 cm (one foot). The
leachate collection and removal system must be:
(i) Constructed of materials that are:
(A) Chemically resistant to the waste managed
in the landfill and the leachate expected to be generated; and
(B) Of sufficient strength and thickness to
prevent collapse under the pressures exerted by overlying wastes, waste cover
materials, and by any equipment used at the landfill; and
(ii) Designed and operated to function
without clogging through the scheduled closure of the landfill.
(b) The owner or
operator will be exempted from the requirements of paragraph (a) of this
section if the Director finds, based on a demonstration by the owner or
operator, that alternative design and operating practices, together with
location characteristics, will prevent the migration of any hazardous
constituents (see § 264.93) into the ground water or surface water at any
future time. In deciding whether to grant an exemption, the Director will
consider:
(1) The nature and quantity of the
wastes;
(2) The proposed alternate
design and operation;
(3) The
hydrogeologic setting of the facility, including the attenuative capacity and
thickness of the liners and soils present between the landfill and ground water
or surface water; and
(4) All other
factors which would influence the quality and mobility of the leachate produced
and the potential for it to migrate to ground water or surface water.
(c) The owner or operator of each
new landfill unit on which construction commences after January 29, 1992, each
lateral expansion of a landfill unit on which construction commences after July
29, 1992, and each replacement of an existing landfill unit that is to commence
reuse after July 29, 1992 must install two or more liners and a leachate
collection and removal system above and between such liners. "Construction
commences" is as defined in § 260.10 of this rule under "existing
facility".
(1)
(i) The liner system must include:
(A) A top liner designed and constructed of
materials (e.g., a geomembrane) to prevent the migration of hazardous
constituents into such liner during the active life and post-closure care
period; and
(B) A composite bottom
liner, consisting of at least two components. The upper component must be
designed and constructed of materials (e.g., a geomembrane) to prevent the
migration of hazardous constituents into this component during the active life
and post-closure care period. The lower component must be designed and
constructed of materials to minimize the migration of hazardous constituents if
a breach in the upper component were to occur. The lower component must be
constructed of at least 3 feet (91 cm) of compacted soil material with a
hydraulic conductivity of no more than 1X10-7
cm/sec.
(ii) The liners
must comply with paragraphs (a)(1) (i), (ii), and (iii) of this
section.
(2) The leachate
collection and removal system immediately above the top liner must be designed,
constructed, operated, and maintained to collect and remove leachate from the
landfill during the active life and post-closure care period. The Director will
specify design and operating conditions in the permit to ensure that the
leachate depth over the liner does not exceed 30 cm (one foot). The leachate
collection and removal system must comply with paragraphs (c)(3) (iii) and (iv)
of this section.
(3) The leachate
collection and removal system between the liners, and immediately above the
bottom composite liner in the case of multiple leachate collection and removal
systems, is also a leak detection system. This leak detection system must be
capable of detecting, collecting, and removing leaks of hazardous constituents
at the earliest practicable time through all areas of the top liner likely to
be exposed to waste or leachate during the active life and post-closure care
period. The requirements for a leak detection system in this paragraph are
satisfied by installation of a system that is, at a minimum:
(i) Constructed with a bottom slope of one
percent or more;
(ii) Constructed
of granular drainage materials with a hydraulic conductivity of
1x10- 2 cm/sec or more and a thickness of 12 inches
(30.5 cm) or more; or constructed of synthetic or geonet drainage materials
with a transmissivity of 3x10-5
m2/sec or more;
(iii) Constructed of materials that are
chemically resistant to the waste managed in the landfill and the leachate
expected to be generated, and of sufficient strength and thickness to prevent
collapse under the pressures exerted by overlying wastes, waste cover
materials, and equipment used at the landfill;
(iv) Designed and operated to minimize
clogging during the active life and post-closure care period; and
(v) Constructed with sumps and liquid removal
methods (e.g., pumps) of sufficient size to collect and remove liquids from the
sump and prevent liquids from backing up into the drainage layer. Each unit
must have its own sump(s). The design of each sump and removal system must
provide a method for measuring and recording the volume of liquids present in
the sump and of liquids removed.
(4) The owner or operator shall collect and
remove pumpable liquids in the leak detection system sumps to minimize the head
on the bottom liner.
(5) The owner
or operator of a leak detection system that is not located completely above the
seasonal high water table must demonstrate that the operation of the leak
detection system will not be adversely affected by the presence of ground
water.
(d) The Director
may approve alternative design or operating practices to those specified in
paragraph (c) of this section if the owner or operator demonstrates to the
Director that such design and operating practices, together with location
characteristics:
(1) Will prevent the
migration of any hazardous constituent into the ground water or surface water
at least as effectively as the liners and leachate collection and removal
systems specified in paragraph (c) of this section; and
(2) Will allow detection of leaks of
hazardous constituents through the top liner at least as effectively.
(e) The double liner requirement
set forth in paragraph (c) of this section may be waived by the Director for
any monofill, if:
(1) The monofill contains
only hazardous wastes from foundry furnace emission controls or metal casting
molding sand, and such wastes do not contain constituents which would render
the wastes hazardous for reasons other than the Toxicity Characteristic in
§ 261.24 of this rule, with EPA Hazardous Waste Numbers D004 through D017;
and
(2)
(i)
(A) The
monofill has at least one liner for which there is no evidence that such liner
is leaking;
(B) The monofill is
located more than one-quarter mile from an "underground source of drinking
water" (as that term is defined in APC&EC Reg. 23 § 270.2);
and
(C) The monofill is in
compliance with generally applicable ground-water monitoring requirements for
facilities with permits under RCRA 3005(c); or
(ii) The owner or operator demonstrates that
the monofill is located, designed and operated so as to assure that there will
be no migration of any hazardous constituent into ground water or surface water
at any future time.
(f) The owner or operator of any replacement
landfill unit is exempt from paragraph (c) of this section if:
(1) The existing unit was constructed in
compliance with the design standards of section 3004(o)(1)(A)(i) and (o)(5) of
the federal Resource Conservation and Recovery Act; and
(2) There is no reason to believe that the
liner is not functioning as designed.
(g) The owner or operator must design,
construct, operate, and maintain a run-on control system capable of preventing
flow onto the active portion of the landfill during peak discharge from at
least a 25-year storm.
(h) The
owner or operator must design, construct, operate, and maintain a run-off
management system to collect and control at least the water volume resulting
from a 24-hour, 25-year storm.
(i)
Collection and holding facilities (e.g., tanks or basins) associated with
run-on and run-off control systems must be emptied or otherwise managed
expeditiously after storms to maintain design capacity of the system.
(j) If the landfill contains any particulate
matter which may be subject to wind dispersal, the owner or operator must cover
or otherwise manage the landfill to control wind dispersal.
(k) The Director will specify in the permit
all design and operating practices that are necessary to ensure that the
requirements of this section are satisfied.
(l) [Reserved]
§ 264.302
Action leakage
rate
(a) The Director shall approve an
action leakage rate for landfill units subject to § 264.301(c) or (d). The
action leakage rate is the maximum design flow rate that the leak detection
system (LDS) can remove without the fluid head on the bottom liner exceeding l
foot. The action leakage rate must include an adequate safety margin to allow
for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness
of drainage material), construction, operation, and location of the LDS, waste
and leachate characteristics, likelihood and amounts of other sources of
liquids in the LDS, and proposed response actions (e.g., the action leakage
rate must consider decreases in the flow capacity of the system over time
resulting from siltation and clogging, rib layover and creep of synthetic
components of the system, overburden pressures, etc.).
(b) To determine if the action leakage rate
has been exceeded, the owner or operator must convert the weekly or monthly
flow rate from the monitoring data obtained under § 264.303(c) to an
average daily flow rate (gallons per acre per day) for each sump. Unless the
Director approves a different calculation, the average daily flow rate for each
sump must be calculated weekly during the active life and closure period, and
monthly during the post-closure care period when monthly monitoring is required
under § 264.303(c).
§
264.303
Monitoring and inspection
(a) During construction or installation,
liners (except in the case of existing portions of landfills exempt from §
264.301(a)) and cover systems (e.g., membranes, sheets, or coatings) must be
inspected for uniformity, damage, and imperfections (e.g., holes, cracks, thin
spots, or foreign materials). Immediately after construction or installation:
(1) Synthetic liners and covers must be
inspected to ensure tight seams and joints and the absence of tears, punctures,
or blisters; and
(2) Soil-based and
admixed liners and covers must be inspected for imperfections including lenses,
cracks, channels, root holes, or other structural non-uniformities that may
cause an increase in the permeability of the liner or cover.
(b) While a landfill is in
operation, it must be inspected weekly and after storms to detect evidence of
any of the following:
(1) Deterioration,
malfunctions, or improper operation of run-on and run-off control
systems;
(2) Proper functioning of
wind dispersal control systems, where present; and
(3) The presence of leachate in and proper
functioning of leachate collection and removal systems, where
present.
(c)
(1) An owner or operator required to have a
leak detection system under § 264.301(c) or (d) must record the amount of
liquids removed from each leak detection system sump at least once each week
during the active life and closure period.
(2) After the final cover is installed, the
amount of liquids removed from each leak detection system sump must be recorded
at least monthly. If the liquid level in the sump stays below the pump
operating level for two consecutive months, the amount of liquids in the sumps
must be recorded at least quarterly. If the liquid level in the sump stays
below the pump operating level for two consecutive quarters, the amount of
liquids in the sumps must be recorded at least semi-annually. If at any time
during the post-closure care period the pump operating level is exceeded at
units on quarterly or semi-annual recording schedules, the owner or operator
must return to monthly recording of amounts of liquids removed from each sump
until the liquid level again stays below the pump operating level for two
consecutive months.
(3) "Pump
operating level" is a liquid level proposed by the owner or operator and
approved by the Director based on pump activation level, sump dimensions, and
level that avoids backup into the drainage layer and minimizes head in the
sump.
§
264.304
Response actions
(a) The owner or operator of landfill units
subject to § 264.301(c) or (d) must have an approved response action plan
before receipt of waste. The response action plan must set forth the actions to
be taken if the action leakage rate has been exceeded. At a minimum, the
response action plan must describe the actions specified in paragraph (b) of
this section.
(b) If the flow rate
into the leak detection system exceeds the action leakage rate for any sump,
the owner or operator must:
(1) Notify the
Director in writing of the exceedance within 7 days of the
determination;
(2) Submit a
preliminary written assessment to the Director within 14 days of the
determination, as to the amount of liquids, likely sources of liquids, possible
location, size, and cause of any leaks, and short-term actions taken and
planned;
(3) Determine to the
extent practicable the location, size, and cause of any leak;
(4) Determine whether waste receipt should
cease or be curtailed, whether any waste should be removed from the unit for
inspection, repairs, or controls, and whether or not the unit should be
closed;
(5) Determine any other
short-term and longer-term actions to be taken to mitigate or stop any leaks;
and
(6) Within 30 days after the
notification that the action leakage rate has been exceeded, submit to the
Director the results of the analyses specified in paragraphs (b)(3), (4), and
(5) of this section, the results of actions taken, and actions planned. Monthly
thereafter, as long as the flow rate in the leak detection system exceeds the
action leakage rate, the owner or operator must submit to the Director a report
summarizing the results of any remedial actions taken and actions
planned.
(c) To make the
leak and/or remediation determinations in paragraphs (b)(3), (4), and (5) of
this section, the owner or operator must:
(1)
(i) Assess the source of liquids and amounts
of liquids by source,
(ii) Conduct
a fingerprint, hazardous constituent, or other analyses of the liquids in the
leak detection system to identify the source of liquids and possible location
of any leaks, and the hazard and mobility of the liquid; and
(iii) Assess the seriousness of any leaks in
terms of potential for escaping into the environment; or
(2) Document why such assessments are not
needed.
§§ 264.305
- 264.308
[Reserved]
§ 264.309
Surveying and
recordkeeping
The owner or operator of a landfill must maintain the following items in the operating record required under § 264.73:
(a) On a map, the exact location and
dimensions, including depth, of each cell with respect to permanently surveyed
benchmarks; and
(b) The contents of
each cell and the approximate location of each hazardous waste type within each
cell.
§ 264.310
Closure and post-closure care
(a) At final closure of the landfill or upon
closure of any cell, the owner or operator must cover the landfill or cell with
a final cover designed and constructed to:
(1) Provide long-term minimization of
migration of liquids through the closed landfill;
(2) Function with minimum
maintenance;
(3) Promote drainage
and minimize erosion or abrasion of the cover;
(4) Accommodate settling and subsidence so
that the cover's integrity is maintained; and
(5) Have a permeability less than or equal to
the permeability of any bottom liner system or natural subsoils
present.
(b) After final
closure, the owner or operator must comply with all post-closure requirements
contained in §§ 264.117 through 264.120, including maintenance and
monitoring throughout the post-closure care period (specified in the permit
under § 264.117). The owner or operator must:
(1) Maintain the integrity and effectiveness
of the final cover, including making repairs to the cap as necessary to correct
the effects of settling, subsidence, erosion, or other events;
(2) Continue to operate the leachate
collection and removal system until leachate is no longer detected;
(3) Maintain and monitor the leak detection
system in accordance with §§ 264.301(c)(3)(iv) and (4) and
264.303(c), and comply with all other applicable leak detection system
requirements of this part;
(4)
Maintain and monitor the ground-water monitoring system and comply with all
other applicable requirements of Subsection F of this section;
(5) Prevent run-on and run-off from eroding
or otherwise damaging the final cover; and
(6) Protect and maintain surveyed benchmarks
used in complying with § 264.309.
§ 264.311
[Reserved]
§ 264.312
Special requirements for ignitable or reactive waste
(a) Except as provided in paragraph (b) of
this section, and in § 264.316, ignitable or reactive waste must not be
placed in a landfill, unless the waste and landfill meet all applicable
requirements of § 268 and 40 CFR Part 268, and:
(1) The resulting waste, mixture, or
dissolution of material no longer meets the definition of ignitable or reactive
waste under § 261.21 or § 261.23 of this rule; and
(2) Section 264.17(b) is complied
with.
(b)
[Reserved]
§ 264.313
Special requirements for incompatible wastes Incompatible wastes,
or incompatible wastes and materials, (see Appendix V of this section for
examples) must not be placed in the same landfill cell, unless § 264.17(b)
is complied with.
§ 264.314
Special requirements for bulk and containerized liquids
(a) The placement of bulk or
non-containerized liquid hazardous waste or hazardous waste containing free
liquids (whether or not sorbents have been added) in any landfill is
prohibited.
(b) To demonstrate the
absence or presence of free liquids in either a containerized or a bulk waste,
the following test must be used: Method 9095B (Paint Filter Liquids Test) as
described in "Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods," EPA Publication SW-846, as incorporated by reference in § 260.11
of this rule.
(c) Containers
holding free liquids must not be placed in a landfill unless:
(1) All free-standing liquid:
(i) has been removed by decanting, or other
methods;
(ii) has been mixed with
sorbent or solidified so that free-standing liquid is no longer observed;
or
(iii) has been otherwise
eliminated; or
(2) The
container is very small, such as an ampule; or
(3) The container is designed to hold free
liquids for use other than storage, such as a battery or capacitor;
or
(4) The container is a lab pack
as defined in § 264.316 and is disposed of in accordance with §
264.316.
(d) Sorbents
used to treat liquids to be disposed of in landfills must be nonbiodegradable.
Nonbiodegradable sorbents are materials listed or described in paragraph (e)(1)
of this Subsection; or materials that are determined by the Division to be
nonbiodegradable through the Section 260 petition process.
(1) Nonbiodegradable sorbents (i) Inorganic
minerals, other inorganic materials, and elemental carbon (e.g.,
aluminosilicates, clays, smectites, Fuller's earth, bentonite, calcium
bentonite, montmorillonite, calcined montmorillonite, kaolinite, micas
(illite), vermiculites, zeolites, calcium carbonate (organic-free limestone),
oxides/hydroxides, alumina, lime, silica (sand), diatomaceous earth, perlite
(volcanic glass), expanded volcanic rock, volcanic ash, cement kiln dust, fly
ash, rice hull ash, activated charcoal/activated carbon), or
(ii) High molecular weight synthetic polymers
(e.g., polyethylene, high density polyethylene (HDPE), polypropylene,
polystyrene, polyurethane, polyacrylate, polynorborene, polyisobutylene, ground
synthetic rubber, cross-linked allylstyrene and tertiary butyl copolymers).
This does not include polymers derived from biological materials or polymers
specifically designed to be degradable; or
(iii) Mixtures of these nonbiodegradable
materials.
(2) Tests for
nonbiodegradable sorbents.
(i) The sorbent
material is determined to be nonbiodegradable under ASTM Method G21-70(1984a) -
Standard Practice for Determining Resistance of Synthetic Polymer Material to
Fungi; or
(ii) The sorbent material
is determined to be nonbiodegradable under ASTM Method G22-76 (1984b)-Standard
Practice for Determining Resistance of Plastics to Bacteria; or
(iii) The sorbent material is determined to
be non-biodegradable under OECD test 301B: [CO2
Evolution (Modified Sturm Test)].
(e) The placement of any liquid which is not
a hazardous waste in a landfill is prohibited unless the owner or operator of
such landfill demonstrates to the Director, or the Director determines, that:
(1) The only reasonably available alternative
to the placement in such landfill is placement in a landfill or unlined surface
impoundment, whether or not permitted or operating under interim status, which
contains, or may reasonably be anticipated to contain, hazardous waste;
and
(2) Placement in such owner or
operator's landfill will not present a risk of contamination of any underground
source of drinking water (as that term is defined in § 270.2 of this
rule.)
§
264.315
Special requirements for containers
Unless they are very small, such as an ampule, containers must be either:
(a) At least 90 percent
full when placed in the landfill; or
(b) Crushed, shredded, or similarly reduced
in volume to the maximum practical extent before burial in the
landfill.
§ 264.316
Disposal of small containers of hazardous wastes in overpacked drums
("lab packs")
Small containers of hazardous waste in overpacked drums (lab packs) may be placed in a landfill if the following requirements are met:
(a) Hazardous waste must be
packaged in non-leaking inside containers. The inside containers must be of a
design and constructed of a material that will not react dangerously with, be
decomposed by, or be ignited by the contained waste. Inside containers must be
tightly and securely sealed. The inside containers must be of the size and type
specified in the Department of Transportation (DOT) hazardous materials
regulations (49 CFR parts 173, 178, and 179), if those regulations specify a
particular inside container for the waste.
(b) The inside containers must be overpacked
in an open head DOT-specification metal shipping container (49 CFR parts 178
and 179) of no more than 416-liter (110 gallon) capacity and surrounded by, at
a minimum, a sufficient quantity of sorbent material, determined to be
nonbiodegradable in accordance with 264.314(e), to completely sorb all of the
liquid contents of the inside containers. The metal outer container must be
full after packing with inside containers and absorbent material.
(c) The sorbent material used must not be
capable of reacting dangerously with, being decomposed by, or being ignited by
the contents of the inside containers in accordance with §
264.17(b).
(d) Incompatible wastes,
as defined in § 260.10 of this rule, must not be placed in the same
outside container.
(e) Reactive
wastes, other than cyanide- or sulfide-bearing waste as defined in §
261.23(a)(5) of this rule, must be treated or rendered non-reactive prior to
packaging in accordance with paragraphs (a) through (d) of this section.
Cyanide- and sulfide-bearing reactive waste may be packed in accordance with
paragraphs (a) through (d) of this section without first being treated or
rendered non-reactive.
(f) Such
disposal is in compliance with the requirements of Section 268 of this rule.
Persons who incinerate lab packs according to the requirements in §
268.42(c)(1) may use fiber drums in place of metal outer containers. Such fiber
drums must meet the DOT specifications in
49 CFR
173.12 and be overpacked according to the
requirements in paragraph (b) of this section.
§ 264.317
Special requirements for
hazardous wastes F020, F021, F022, F023, F026, and F027
(a) Hazardous Wastes F020, F021, F022, F023,
F026, and F027 must not be placed in a landfill unless the owner or operator
operates the landfill in accord with a management plan for these wastes that is
approved by the Director pursuant to the standards set out in this paragraph,
and in accord with all other applicable requirements of this part. The factors
to be considered are:
(1) The volume,
physical, and chemical characteristics of the wastes, including their potential
to migrate through the soil or to volatilize or escape into the
atmosphere;
(2) The attenuative
properties of underlying and surrounding soils or other materials;
(3) The mobilizing properties of other
materials co-disposed with these wastes; and
(4) The effectiveness of additional
treatment, design, or monitoring requirements.
(b) The Director may determine that
additional design, operating, and monitoring requirements are necessary for
landfills managing hazardous wastes F020, F021, F022, F023, F026, and F027 in
order to reduce the possibility of migration of these wastes to ground water,
surface water, or air so as to protect human health and the
environment.
Subsection
O
-- Incinerators
§
264.340
Applicability
(a) The rules of this Subsection apply to
owners and operators of hazardous waste incinerators (as defined in §
260.10 of this rule), except as § 264.1 provides otherwise.
(b) Integration of the MACT standards.
(1) Except as provided by paragraphs (b)(2)
through (b)(4) of this subsection, the standards of this section do not apply
to a new hazardous waste incineration unit that becomes subject to RCRA permit
requirements after October 12, 2005; or no longer apply when an owner or
operator of an existing hazardous waste incineration unit demonstrates
compliance with the maximum achievable control technology (MACT) requirements
of 40 CFR Part 63, Subpart EEE, by conducting a comprehensive performance test
and submitting to the Administrator a Notification of Compliance under
40 CFR
63.1207(j) and
63.1210(d)
documenting compliance with the requirements of 40 CFR Part 63, subpart EEE.
Nevertheless, even after this demonstration of compliance with the MACT
standards, RCRA permit conditions that were based on the standards of this part
will continue to be in effect until they are removed from the permit or the
permit is terminated or revoked, unless the permit expressly provides
otherwise.
(2) The MACT standards
do not replace the closure requirements of § 264.351 of this rule, or the
applicable requirements of subsections A through H, BB and CC of this
section.
(3) The particulate matter
standard of § 264.343(c) remains in effect for incinerators that elect to
comply with the alternative to the particulate matter standard of 40 CFR Parts
63.1206(b)(14) and 63.1219(e).
(4)
The following requirements remain in effect for startup, shutdown, and
malfunction events if you elect to comply with § 270.235(a)(1)(i) of this
rule to minimize emissions of toxic compounds from these events:
(i) Section 264.345(a) requiring that an
incinerator operate in accordance with operating requirements specified in the
permit; and
(ii) Section 264.345(c)
requiring compliance with the emission standards and operating requirements
during startup and shutdown if hazardous waste is in the combustion chamber,
except for particular hazardous wastes.
(c) After consideration of the waste analysis
included with Part B of the permit application, the Director, in establishing
the permit conditions, must exempt the applicant from all requirements of this
Subsection except § 264.341 (Waste analysis) and § 264.351 (Closure),
(1) If the Director finds that the waste to
be burned is:
(i) Listed as a hazardous waste
in Section 261, Subsection D, of this rule solely because it is ignitable
(Hazard Code I), corrosive (Hazard Code C), or both; or
(ii) Listed as a hazardous waste in Section
261, Subsection D, of this rule solely because it is reactive (Hazard Code R)
for characteristics other than those listed in § 261.23(a) (4) and (5),
and will not be burned when other hazardous wastes are present in the
combustion zone; or
(iii) A
hazardous waste solely because it possesses the characteristic of ignitability,
corrosivity, or both, as determined by the test for characteristics of
hazardous wastes under Section 261, Subsection C, of this rule; or
(iv) A hazardous waste solely because it
possesses any of the reactivity characteristics described by § 261.23(a)
(1), (2), (3), (6), (7), and (8) of this rule, and will not be burned when
other hazardous wastes are present in the combustion zone; and
(2) If the waste analysis shows
that the waste contains none of the hazardous constituents listed in Section
261, Appendix VIII, of this rule, which would reasonably be expected to be in
the waste.
(d) If the
waste to be burned is one which is described by paragraphs (b)(1)(i), (ii),
(iii), or (iv) of this section and contains insignificant concentrations of the
hazardous constituents listed in Section 261, Appendix VIII, of this rule, then
the Director may, in establishing permit conditions, exempt the applicant from
all requirements of this Subsection, except § 264.341 (Waste analysis) and
§ 264.351 (Closure), after consideration of the waste analysis included
with Part B of the permit application, unless the Director finds that the waste
will pose a threat to human health and the environment when burned in an
incinerator.
(e) The owner or
operator of an incinerator may conduct trial burns subject only to the
requirements of § 270.62 of this rule (Short term and incinerator
permits).
§ 264.341
Waste analysis
(a) As a portion
of the trial burn plan required by § 270.62 of this rule, or with Part B
of the permit application, the owner or operator must have included an analysis
of the waste feed sufficient to provide all information required by §
270.62(b) or § 270.19 of this rule. Owners or operators of new hazardous
waste incinerators must provide the information required by § 270.62(c) or
§ 270.19 of this rule to the greatest extent possible.
(b) Throughout normal operation the owner or
operator must conduct sufficient waste analysis to verify that waste feed to
the incinerator is within the physical and chemical composition limits
specified in his permit (under § 264.345(b)).
§ 264.342
Principal organic
hazardous constituents (POHCs)
(a)
Principal Organic Hazardous Constituents (POHCs) in the waste feed must be
treated to the extent required by the performance standard of §
264.343.
(b)
(1) One or more POHCs will be specified in
the facility's permit, from among those constituents listed in Section 261,
Appendix VIII of this rule, for each waste feed to be burned. This
specification will be based on the degree of difficulty of incineration of the
organic constituents in the waste and on their concentration or mass in the
waste feed, considering the results of waste analyses and trial burns or
alternative data submitted with Part B of the facility's permit application.
Organic constituents which represent the greatest degree of difficulty of
incineration will be those most likely to be designated as POHCs. Constituents
are more likely to be designated as POHCs if they are present in large
quantities or concentrations in the waste.
(2) Trial POHCs will be designated for
performance of trial burns in accordance with the procedure specified in §
270.62 of this rule for obtaining trial burn permits.
§ 264.343
Performance
standards
An incinerator burning hazardous waste must be designed, constructed, and maintained so that, when operated in accordance with operating requirements specified under § 264.345, it will meet the following performance standards:
(a)
(1) Except as provided in paragraph (a)(2) of
this section, an incinerator burning hazardous waste must achieve a destruction
and removal efficiency (DRE) of 99.99% for each principal organic hazardous
constituent (POHC) designated (under § 264.342) in its permit for each
waste feed. DRE is determined for each POHC from the following equation:
where:
Win = mass feed rate of one principal organic hazardous constituent (POHC) in the waste stream feeding the incinerator, and
Wout = mass emission rate of the same POHC present in exhaust emissions prior to release to the atmosphere.
(2) An incinerator burning
hazardous wastes F020, F021, F022, F023, F026, or F027 must achieve a
destruction and removal efficiency (DRE) of 99.9999% for each principal organic
hazardous constituent (POHC) designated (under § 264.342) in its permit.
This performance must be demonstrated on POHCs that are more difficult to
incinerate than tetra-, penta-, and hexachlorodibenzo-p-dioxins and
dibenzofurans. DRE is determined for each POHC from the equation in §
264.343(a)(1).
(b) An
incinerator burning hazardous waste and producing stack emissions of more than
1.8 kilograms per hour (4 pounds per hour) of hydrogen chloride (HCl) must
control HCl emissions such that the rate of emission is no greater than the
larger of either 1.8 kilograms per hour or 1% of the HCl in the stack gas prior
to entering any pollution control equipment.
(c) An incinerator burning hazardous waste
must not emit particulate matter in excess of 180 milligrams per dry standard
cubic meter (0.08 grains per dry standard cubic foot) when corrected for the
amount of oxygen in the stack gas according to the formula:
Where Pc is the corrected concentration of particulate matter, Pm is the measured concentration of particulate matter, and Y is the measured concentration of oxygen in the stack gas, using the Orsat method for oxygen analysis of dry flue gas, presented in part 60, Appendix A (Method 3), of this section. This correction procedure is to be used by all hazardous waste incinerators except those operating under conditions of oxygen enrichment. For these facilities, the Director will select an appropriate correction procedure, to be specified in the facility permit.
(d) For
purposes of permit enforcement, compliance with the operating requirements
specified in the permit (under § 264.345) will be regarded as compliance
with this section. However, evidence that compliance with those permit
conditions is insufficient to ensure compliance with the performance
requirements of this section may be "information" justifying modification,
revocation, or reissuance of a permit under § 270.41 of this rule.
§ 264.344
Hazardous waste incinerator permits
(a)
The owner or operator of a hazardous waste incinerator may burn only wastes
specified in his permit and only under operating conditions specified for those
wastes under § 264.345, except:
(1) In
approved trial burns under § 270.62 of this rule; or
(2) Under exemptions created by §
264.340.
(b) Other
hazardous wastes may be burned only after operating conditions have been
specified in a new permit or a permit modification as applicable. Operating
requirements for new wastes may be based on either trial burn results or
alternative data included with Part B of a permit application under §
270.19 of this rule.
(c) The permit
for a new hazardous waste incinerator must establish appropriate conditions for
each of the applicable requirements of this Subsection, including but not
limited to allowable waste feeds and operating conditions necessary to meet the
requirements of § 264.345, sufficient to comply with the following
standards:
(1) For the period beginning with
initial introduction of hazardous waste to the incinerator and ending with
initiation of the trial burn, and only for the minimum time required to
establish operating conditions required in paragraph (c)(2) of this section,
not to exceed a duration of 720 hours operating time for treatment of hazardous
waste, the operating requirements must be those most likely to ensure
compliance with the performance standards of § 264.343, based on the
Director's engineering judgment. The Director may extend the duration of this
period once for up to 720 additional hours when good cause for the extension is
demonstrated by the applicant.
(2)
For the duration of the trial burn, the operating requirements must be
sufficient to demonstrate compliance with the performance standards of §
264.343 and must be in accordance with the approved trial burn plan;
(3) For the period immediately following
completion of the trial burn, and only for the minimum period sufficient to
allow sample analysis, data computation, and submission of the trial burn
results by the applicant, and review of the trial burn results and modification
of the facility permit by the Director, the operating requirements must be
those most likely to ensure compliance with the performance standards of §
264.343, based on the Director's engineering judgement.
(4) For the remaining duration of the permit,
the operating requirements must be those demonstrated, in a trial burn or by
alternative data specified in § 270.19(c) of this rule, as sufficient to
ensure compliance with the performance standards of § 264.343.
§ 264.345
Operating requirements
(a) An
incinerator must be operated in accordance with operating requirements
specified in the permit. These will be specified on a case-by-case basis as
those demonstrated (in a trial burn or in alternative data as specified in
§ 264.344(b) and included with Part B of a facility's permit application)
to be sufficient to comply with the performance standards of §
264.343.
(b) Each set of operating
requirements will specify the composition of the waste feed (including
acceptable variations in the physical or chemical properties of the waste feed
which will not affect compliance with the performance requirement of §
264.343) to which the operating requirements apply. For each such waste feed,
the permit will specify acceptable operating limits including the following
conditions:
(1) Carbon monoxide (CO) level in
the stack exhaust gas;
(2) Waste
feed rate;
(3) Combustion
temperature;
(4) An appropriate
indicator of combustion gas velocity;
(5) Allowable variations in incinerator
system design or operating procedures; and
(6) Such other operating requirements as are
necessary to ensure that the performance standards of § 264.343 are
met.
(c) During start-up
and shut-down of an incinerator, hazardous waste (except wastes exempted in
accordance with § 264.340) must not be fed into the incinerator unless the
incinerator is operating within the conditions of operation (temperature, air
feed rate, etc.) specified in the permit.
(d) Fugitive emissions from the combustion
zone must be controlled by:
(1) Keeping the
combustion zone totally sealed against fugitive emissions; or
(2) Maintaining a combustion zone pressure
lower than atmospheric pressure; or
(3) An alternate means of control
demonstrated (with Part B of the permit application) to provide fugitive
emissions control equivalent to maintenance of combustion zone pressure lower
than atmospheric pressure.
(e) An incinerator must be operated with a
functioning system to automatically cut off waste feed to the incinerator when
operating conditions deviate from limits established under paragraph (a) of
this section.
(f) An incinerator
must cease operation when changes in waste feed, incinerator design, or
operating conditions exceed limits designated in its permit.
§ 264.346
[Reserved]
§ 264.347
Monitoring and inspections
(a)
The owner or operator must conduct, as a minimum, the following monitoring
while incinerating hazardous waste:
(1)
Combustion temperature, waste feed rate, and the indicator of combustion gas
velocity specified in the facility permit must be monitored on a continuous
basis.
(2) CO must be monitored on
a continuous basis at a point in the incinerator downstream of the combustion
zone and prior to release to the atmosphere.
(3) Upon request by the Director, sampling
and analysis of the waste and exhaust emissions must be conducted to verify
that the operating requirements established in the permit achieve the
performance standards of § 264.343.
(b) The incinerator and associated equipment
(pumps, valves, conveyors, pipes, etc.) must be subjected to thorough visual
inspection, at least daily, for leaks, spills, fugitive emissions, and signs of
tampering.
(c) The emergency waste
feed cutoff system and associated alarms must be tested at least weekly to
verify operability, unless the applicant demonstrates to the Director that
weekly inspections will unduly restrict or upset operations and that less
frequent inspection will be adequate. At a minimum, operational testing must be
conducted at least monthly.
(d)
This monitoring and inspection data must be recorded and the records must be
placed in the operating log required by § 264.73 and maintained in the
operating record for five years.
§§ 264.348 - 264.350
[Reserved]
§ 264.351
Closure
At closure the owner or operator must remove all hazardous waste and hazardous waste residues (including, but not limited to, ash, scrubber waters, and scrubber sludges) from the incinerator site.
[Comment: At closure, as throughout the operating period, unless the owner or operator can demonstrate, in accordance with § 261.3(d) of this rule, that the residue removed from the incinerator is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and must manage it in accordance with applicable requirements of sections 262 through 266 of this rule.]
Subsections P-R
[Reserved]
Subsection
S-- Special Provisions for Cleanup
§ 264.550
Applicability of
Corrective Action Management Unit (CAMU) Rules
(a) Except as provided in paragraph (b) of
this section, CAMUs are subject to the requirements of §
264.552.
(b) CAMUs that were
approved before April 22, 2002, or for which substantially complete
applications (or equivalents) were submitted to the Division or EPA on or
before November 20, 2000, are subject to the requirements in § 264.551 for
grandfathered CAMUs; CAMU waste, activities, and design will not be subject to
the standards in § 264.552, so long as the waste, activities, and design
remain within the general scope of the CAMU as approved.
§ 264.551
Grandfathered Corrective
Action Management Units
(a) To
implement remedies under § 264.101 of this rule, or the Arkansas Remedial
Trust Fund Act (A.C.A. §
8-7-501 et seq.), or to implement remedies at a
permitted facility that is not subject to § 264.101, the Director may
designate an area at the facility as a corrective action management unit under
the requirements in this subsection. Corrective action management unit means an
area within a facility that is used only for managing remediation wastes for
implementing corrective action or cleanup at the facility. A CAMU must be
located within the contiguous property under the control of the owner or
operator where the wastes to be managed in the CAMU originated. One or more
CAMUs may be designated at a facility.
(1)
Placement of remediation wastes into or within a CAMU does not constitute land
disposal of hazardous wastes.
(2)
Consolidation or placement of remediation wastes into or within a CAMU does not
constitute creation of a unit subject to minimum technology
requirements.
(b)
(1) The Director may designate a regulated
unit (as defined in § 264.90(a)(2)) as a CAMU, or may incorporate a
regulated unit into a CAMU, if:
(i) The
regulated unit is closed or is closing, meaning it has begun the closure
process under § 264.113 or 265.113; and
(ii) Inclusion of the regulated unit will
enhance implementation of effective, protective, and reliable remedial actions
for the facility.
(2) The
Subsection F, G, and H requirements and the unit-specific requirements of
Sections 264 or 265 of this rule that applied to that regulated unit will
continue to apply to that portion of the CAMU after incorporation into the
CAMU.
(c) The Director
shall designate a CAMU in accordance with the following:
(1) The CAMU shall facilititate the
implementation of reliable, effective, protective, and cost-effective
remedies;
(2) Waste management
activities associated with the CAMU shall not create unacceptable risks to
humans or to the environment resulting from exposure to hazardous wastes or
hazardous constituents;
(3) The
CAMU itself shall include uncontaminated areas of the facility only if
including such areas for the purpose of managing remediation waste is more
protective than management of such wastes at contaminated areas of the
facility;
(4) Areas within the
CAMU, where wastes remain in place after closure of the CAMU, shall be managed
and contained so as to minimize future releases to the extent
practicable;
(5) The CAMU shall
expedite the timing of remedial activity implementation, when appropriate and
practicable;
(6) The CAMU shall
enable the use, when appropriate, of treatment technologies (including
innovative technologies) to enhance the long-term effectiveness of remedial
actions by reducing the toxicity, mobility, or volume of wastes that will
remain in place after closure of the CAMU; and
(7) The CAMU shall, to the extent
practicable, minimize the land area of the facility upon which wastes will
remain in place after closure of the CAMU.
(d) The owner/operator shall provide
sufficient information to enable the Director to designate a CAMU in accordance
with the criteria in § 264.552.
(e) The Director shall specify, in the permit
or order, requirements for CAMUs to include the following:
(1) The areal configuration of the
CAMU.
(2) Requirements for
remediation waste management to include the specification of applicable design,
operation, and closure requirements.
(3) Requirements for groundwater monitoring
that are sufficient to:
(i) Continue to detect
and to characterize the nature, extent, concentration, direction, and movement
of existing releases of hazardous constituents in ground water from sources
located within the CAMU; and
(ii)
Detect and subsequently characterize releases of hazardous constitutents to
groundwater that may occur from areas of the CAMU in which wastes will remain
in place after closure of the CAMU.
(4) Closure and post-closure requirements.
(i) Closure of corrective action management
units shall:
(A) Minimize the need for
further maintenance; and
(B)
Control, minimize, or eliminate, to the extent necessary to protect human
health and the environment, for areas where wastes remain in place,
post-closure escape of hazardous waste, hazardous constituents, leachate,
contaminated runoff, or hazardous waste decomposition products to the ground,
to surface waters, or to the atmosphere.
(ii) Requirements for closure of CAMUs shall
include the following, as appropriate and as deemed necessary by the Director
for a given CAMU:
(A) Requirements for
excavation, removal, treatment, or containment of wastes;
(B) For areas in which wastes will remain
after closure of the CAMU, requirements for capping of such areas;
and
(C) Requirements for removal
and decontamination of equipment, devices, and structures used in remediation
waste management activities within the CAMU.
(iii) In establishing specific closure
requirements for CAMUs under 264.552(e), the Director shall consider the
following factors:
(A) CAMU
characteristics;
(B) Volume of
wastes which remain in place after closure,
(C) Potential for releases from the
CAMU;
(D) Physical and chemical
characteristics of the waste;
(E)
Hydrological and other relevant environmental conditions at the facility which
may influence the migration of any potential or actual releases; and
(F) Potential for exposure of humans and
environmental receptors if releases were to occur from the CAMU.
(iv) Post-closure requirements as
necessary to protect human health and the environment, to include, for areas
where wastes will remain in place, monitoring and maintenance activities, and
the frequency with which such activities shall be performed to ensure the
integrity of any cap, final cover, or other containment system.
(f) The Director shall
document the rationale for designating CAMUs and shall make such documentation
available to the public.
(g)
Incorporation of a CAMU into an existing permit must be approved by the
Director according to the Division -initiated permit modifications under §
270.41, or according to the permit modification procedures of §
270.42.
(h) The designation of a
CAMU does not change the Division's or EPA's existing authority to address
clean-up levels, media-specific points of compliance to be applied to
remediation at a facility, or other remedy selection decisions.
§ 264.552
Corrective
Action Management Units (CAMU)
(a) To
implement remedies under § 264.101 or the Arkansas Remedial Trust Fund Act
(A.C.A. §
8-7-501
et seq.), or to implement remedies at a
permitted facility that is not subject to § 264.101, the Director may
designate an area at the facility as a corrective action management unit under
the requirements in this section. Corrective action management unit means an
area within a facility that is used only for managing CAMU-eligible wastes for
implementing corrective action or cleanup at the facility. A CAMU must be
located within the contiguous property under the control of the owner or
operator where the wastes to be managed in the CAMU originated. One or more
CAMUs may be designated at a facility.
(1)
CAMU-eligible waste means:
(i) All solid and
hazardous wastes, and all media (including ground water, surface water, soils,
and sediments) and debris, that are managed for implementing cleanup.
As-generated wastes (either hazardous or nonhazardous) from ongoing industrial
operations at a site are not CAMU-eligible wastes.
(ii) Wastes that would otherwise meet the
description in paragraph (a)(1)(i) of this section are not ''CAMU-eligible
Wastes'' where:
(A) The wastes are hazardous
wastes found during cleanup in intact or substantially intact containers,
tanks, or other non-land-based units found above ground, unless the wastes are
first placed in the tanks, containers or nonland-based units as part of
cleanup, or containers or tanks are excavated during the course of cleanup;
or
(B) The Director exercises the
discretion in paragraph 2) of this section to prohibit the wastes from
management in a CAMU.
(iii) Notwithstanding paragraph (a)(1)(i) of
this section, where appropriate, as-generated nonhazardous waste may be placed
in a CAMU where such waste is being used facilitate treatment or the
performance of the CAMU.
(2) The Director may prohibit, where
appropriate, the placement of waste in a CAMU where the Director has or
receives information that such wastes have not been managed in compliance with
applicable land disposal treatment standards of Section 268 of this rule, or
applicable unit design requirements of this section, or applicable unit design
requirements of Section 265 of this rule, that non-compliance with other
applicable requirements of this rule likely contributed to the release of the
waste.
(3) Prohibition against
placing liquids in CAMUs.
(i) The placement of
bulk or noncontainerized liquid hazardous waste or free liquids contained in
hazardous waste (whether or not sorbents have been added) in any CAMU is
prohibited except where placement of such wastes facilitates the remedy
selected for the waste.
(ii) The
requirements in § 264.314(c) for placement of containers holding free
liquids in landfills apply to placement of a CAMU except where placement
facilitates the remedy selected for the waste.
(iii) The placement of any liquid which is
not a hazardous waste in a CAMU is prohibited unless such placement facilitates
the remedy selected for the waste or a demonstration is made pursuant to §
264.314(e).
(iv) The absence or
presence of free liquids in either a containerized or a bulk waste must be
determined in accordance with § 264.314(b). Sorbents used to treat free
liquids in CAMUs must meet the requirements of § 264.314(d).
(4) Placement of CAMU-eligible
wastes into or within a CAMU does not constitute land disposal of hazardous
wastes.
(5) Consolidation or
placement of CAMU-eligible wastes into or within a CAMU does not constitute
creation of a unit subject to minimum technology requirements.
(b)
(1) The Director may designate a regulated
unit (as defined in § 264.90(a)(2)) as a CAMU, or may incorporate a
regulated unit into a CAMU, if:
(i) The
regulated unit is closed or closing, meaning it has begun the closure process
under § 264.113 or § 265.113 of this rule; and
(ii) Inclusion of the regulated unit will
enhance implementation of effective, protective and reliable remedial actions
for the facility.
(2) The
subsection F, G, and H requirements and the unit-specific requirements of this
Section 264 or Section 265 of this rule that applied to the regulated unit will
continue to apply to that portion of the CAMU after incorporation into the
CAMU.
(c) The Director
shall designate a CAMU that will be used for storage and/or treatment only in
accordance with paragraph (f) of this section. The Director shall designate all
other CAMUs in accordance with the following:
(1) The CAMU shall facilitate the
implementation of reliable, effective, protective, and cost-effective
remedies;
(2) Waste management
activities associated with the CAMU shall not create unacceptable risks to
humans or to the environment resulting from exposure to hazardous wastes or
hazardous constituents;
(3) The
CAMU shall include uncontaminated areas of the facility, only if including such
areas for the purpose of managing CAMU-eligible waste is more protective than
management of such wastes at contaminated areas of the facility;
(4) Areas within the CAMU, where wastes
remain in place after closure of the CAMU, shall be managed and contained so as
to minimize future releases, to the extent practicable;
(5) The CAMU shall expedite the timing of
remedial activity implementation, when appropriate and practicable;
(6) The CAMU shall enable the use, when
appropriate, of treatment technologies (including innovative technologies) to
enhance the long-term effectiveness of remedial actions by reducing the
toxicity, mobility, or volume of wastes that will remain in place after closure
of the CAMU; and
(7) The CAMU
shall, to the extent practicable, minimize the land area of the facility upon
which wastes will remain in place after closure of the CAMU.
(d) The owner/operator shall
provide sufficient information to enable the Director to designate a CAMU in
accordance with the criteria in this section. This must include, unless not
reasonably available, information on:
(1) The
origin of the waste and how it was subsequently managed (including a
description of the timing and circumstances surrounding the disposal and/or
release);
(2) Whether the waste was
listed or identified as hazardous at the time of disposal and/or release;
and
(3) Whether the disposal and/or
release of the waste occurred before or after the land disposal requirements of
Section 268 of this rule were in effect for the waste listing or
characteristic.
(e) The
Director shall specify, in the permit or order, requirements for CAMUs to
include the following:
(1) The areal
configuration of the CAMU.
(2)
Except as provided in paragraph (g) of this section, requirements for
CAMU-eligible waste management to include the specification of applicable
design, operation, treatment and closure requirements.
(3) Minimum design requirements. CAMUs,
except as provided in paragraph (f) of this section, into which wastes are
placed must be designed in accordance with the following:
(i) Unless the Director approves alternate
requirements under paragraph (e)(3)(ii) of this section, CAMUs that consist of
new, replacement, or laterally expanded units must include a composite liner
and a leachate collection system that is designed and constructed to maintain
less than a 30-cm depth of leachate over the liner. For purposes of this
section, composite liner means a system consisting of two components; the upper
component must consist of a minimum 30-mil flexible membrane liner (FML), and
the lower component must consist of at least a two-foot layer of compacted soil
with a hydraulic conductivity of no more than 1x10-7
cm/sec. FML components consisting of high density polyethylene (HDPE) must be
at least 60 mil thick. The FML component must be installed in direct and
uniform contact with the compacted soil component;
(ii) Alternate requirements. The Director may
approve alternate requirements if:
(A) The
Director finds that alternate design and operating practices, together with
location characteristics, will prevent the migration of any hazardous
constituents into the ground water or surface water at least as effectively as
the liner and leachate collection systems in paragraph (e)(3)(i) of this
section; or
(B) The CAMU is to be
established in an area with existing significant levels of contamination, and
the Director finds that an alternative design, including a design that does not
include a liner, would prevent migration from the unit that would exceed
long-term remedial goals.
(4) Minimum treatment requirements: Unless
the wastes will be placed in a CAMU for storage and/or treatment only in
accordance with paragraph (f) of this section, CAMU-eligible wastes that,
absent this section, would be subject to the treatment requirements of Section
268 of this rule, and that the Director determines contain principal hazardous
constituents must be treated to the standards specified in paragraph
(e)(4)(iii) of this section.
(i) Principal
hazardous constituents are those constituents that the Director determines pose
a risk to human health and the environment substantially higher than the
cleanup levels or goals at the site.
(A) In
general, the Director will designate as principal hazardous constituents:
(1) Carcinogens that pose a potential direct
risk from ingestion or inhalation at the site at or above
10-3; and
(2) Non-carcinogens that pose a potential
direct risk from ingestion or inhalation at the site an order of magnitude or
greater over their reference dose.
(B) The Director will also designate
constituents as principal hazardous constituents, where appropriate, when risks
to human health and the environment posed by the potential migration of
constituents in wastes to ground water are substantially higher than cleanup
levels or goals at the site; when making such designation, the Director may
consider such factors as constituent concentrations, and fate and transport
characteristics under site conditions.
(C) The Director may also designate other
constituents as principal hazardous constituents that the Director determines
pose a risk to human health and the environment substantially higher than the
cleanup levels or goals at the site.
(ii) In determining which constituents are
"principal hazardous constituents," the Director must consider all constituents
which, absent this section, would be subject to the treatment requirements in
Section 268 of this rule.
(iii)
Waste that the Director determines contains principal hazardous constituents
must meet treatment standards determined in accordance with paragraph
(e)(4)(iv) or (e)(4)(v) of this section.
(iv) Treatment standards for wastes placed in
CAMUs.
(A) For non-metals, treatment must
achieve 90 percent reduction in total principal hazardous constituent
concentrations, except as provided by paragraph (e)(4)(iv)(C) of this
section.
(B) For metals, treatment
must achieve 90 percent reduction in principal hazardous constituent
concentrations as measured in leachate from the treated waste or media (tested
according to the TCLP) or 90 percent reduction in total constituent
concentrations (when a metal removal treatment technology is used), except as
provided by paragraph (e)(4)(iv)(C) of this section.
(C) When treatment of any principal hazardous
constituent to a 90 percent reduction standard would result in a concentration
less than 10 times the Universal Treatment Standard for that constituent,
treatment to achieve constituent concentrations less than 10 times the
Universal Treatment Standard not required. Universal Treatment Standards are
identified in § 268.48 Table UTS of this rule.
(D) For waste exhibiting the hazardous
characteristic of ignitability, corrosivity or reactivity, the waste must also
be treated to eliminate these characteristics.
(E) For debris, the debris must be treated in
accordance with § 268.45 of this rule, or by methods or to levels
established under paragraphs (e)(4)(iv)(A) through (D) or paragraph e)(4)(v) of
this section, whichever the Director determines is appropriate.
(F) Alternatives to TCLP. For metal bearing
wastes for which metals removal treatment is not used, the Director may specify
a leaching test other than the TCLP (SW-846 Method 1311, § 260.11(c)(3)(v)
of this rule) to measure treatment effectiveness, provided the Director
determines that an alternative leach testing protocol is appropriate for use,
and that the alternative more accurately reflects conditions at the site that
affect leaching.
(v)
Adjusted standards. The Director may adjust the treatment level or method in
paragraph (e)(4)(iv) this section to a higher or lower level, based on one or
more of the following factors, as appropriate. The adjusted level or method
must be protective of human health and the environment:
(A) The technical impracticability of
treatment to the levels or by the methods in paragraph (e)(4)(iv) of this
section;
(B) The levels or methods
in paragraph (e)(4)(iv) of this section would result in concentrations of
principal hazardous constituents (PHCs) that are significantly above or below
cleanup standards applicable to the site (established either site-specifically,
or promulgated under state or federal law);
(C) The views of the affected local community
on the treatment levels or methods in paragraph (e)(4)(iv) of this section as
applied at the site, and, for treatment levels, the treatment methods necessary
to achieve these levels;
(D) The
short-term risks presented by the on-site treatment method necessary to achieve
the levels or treatment methods in paragraph (e)(4)(iv) of this
section;
(E) The long-term
protection offered by the engineering design of the CAMU and related
engineering controls:
(1) Where the treatment
standards in paragraph (e)(4)(iv) of this section are substantially met and the
principal hazardous constituents in the waste or residuals are of very low
mobility; or
(2) Where
cost-effective treatment has been used and the CAMU meets the Subtitle C liner
and leachate collection requirements for new land disposal units at §
264.301(c) and (d); or
(3) Where,
after review of appropriate treatment technologies, the Director determines
that cost-effective treatment is not reasonably available, and the CAMU meets
the Subtitle C liner and leachate collection requirements for new land disposal
units at § 264.301(c) and (d); or
(4) Where cost-effective treatment has been
used and the principal hazardous constituents in the treated wastes are of very
low mobility; or
(5) Where, after
review of appropriate treatment technologies, the Director determines that
cost-effective treatment is not reasonably available, the principal hazardous
constituents in the wastes are of very low mobility, and either the CAMU meets
or exceeds the liner standards for new, replacement, or laterally expanded
CAMUs in paragraphs (e)(3)(i) and (ii) of this section, or the CAMU provides
substantially equivalent or greater protection.
(vi) The treatment required by the treatment
standards must be completed prior to, or within a reasonable time after,
placement in the CAMU.
(vii) For
the purpose of determining whether wastes placed in CAMUs have met
site-specific treatment standards, the Director may, as appropriate, specify a
subset of the principal hazardous constituents in the waste as analytical
surrogates for determining whether treatment standards have been met for other
principal hazardous constituents. This specification will be based on the
degree of difficulty of treatment and analysis of constituents with similar
treatment properties.
(5)
Except as provided in paragraph (f) of this section, requirements for ground
water monitoring and corrective action that are sufficient to:
(i) Continue to detect and to characterize
the nature, extent, concentration, direction, and movement of existing releases
of hazardous constituents in ground water from sources located within the CAMU;
and
(ii) Detect and subsequently
characterize releases of hazardous constituents to ground water that may occur
from areas of the CAMU in which wastes will remain in place after closure of
the CAMU; and
(iii) Require
notification to the Director and corrective action as necessary to protect
human health and the environment for releases to ground water from the
CAMU.
(6) Except as
provided in paragraph (f) of this section, closure and post-closure
requirements:
(i) Closure of corrective
action management units shall:
(A) Minimize
the need for further maintenance; and
(B) Control, minimize, or eliminate, to the
extent necessary to protect human health and the environment, for areas where
wastes remain in place, post-closure escape of hazardous wastes, hazardous
constituents, leachate, contaminated runoff, or hazardous waste decomposition
products to the ground, to surface waters, or to the
atmosphere.
(ii)
Requirements for closure of CAMUs shall include the following, as appropriate
and as deemed necessary by the Director for a given CAMU:
(A) Requirements for excavation, removal,
treatment or containment of wastes; and
(B) Requirements for removal and
decontamination of equipment, devices, and structures used in CAMU-eligible
waste management activities within the CAMU.
(iii) In establishing specific closure
requirements for CAMUs under paragraph (e) of this section, the Director shall
consider the following factors:
(A) CAMU
characteristics;
(B) Volume of
wastes which remain in place after closure;
(C) Potential for releases from the
CAMU;
(D) Physical and chemical
characteristics of the waste;
(E)
Hydrogeological and other relevant environmental conditions at the facility
which may influence the migration of any potential or actual releases;
and
(F) Potential for exposure of
humans and environmental receptors if releases were to occur from the
CAMU.
(iv) Cap
requirements:
(A) At final closure of the
CAMU, for areas in which wastes will remain after closure of the CAMU, with
constituent concentrations at or above remedial levels or goals applicable to
the site, the owner or operator must cover the CAMU with a final cover designed
and constructed to meet the following performance criteria, except as provided
paragraph (e)(6)(iv)(B) of this section:
(1)
Provide long-term minimization of migration of liquids through the closed
unit;
(2) Function with minimum
maintenance;
(3) Promote drainage
and minimize erosion or abrasion of the cover;
(4) Accommodate settling and subsidence so
that the cover's integrity maintained; and
(5) Have a permeability less than or equal to
the permeability of any bottom liner system or natural subsoils
present.
(B) The Director
may determine that modifications to paragraph (e)(6)(iv)(A) of this section are
needed to facilitate treatment or the performance of the CAMU (e.g., to promote
biodegradation).
(v)
Post-closure requirements as necessary to protect human health and the
environment, to include, for areas where wastes will remain in place,
monitoring and maintenance activities, and the frequency with which such
activities shall be performed to ensure the integrity of any cap, final cover,
or other containment system.
(f) CAMUs used for storage and/or treatment
only are CAMUs in which wastes will not remain after closure. Such CAMUs must
be designated in accordance with all of the requirements this section, except
as follows.
(1) CAMUs that are used for
storage and/or treatment only and that operate accordance with the time limits
established in the staging pile rules at § 264.554(d)(1)(iii), (h), and
(i) are subject to the requirements for staging piles at §
264.554(d)(1)(i) and ii), § 264.554(d)(2), § 264.554(e) and (f), and
§ 264.554(j) and (k) in lieu of the performance standards and requirements
for CAMUs in this section at paragraphs (c) and (e)(3) through (6).
(2) CAMUs that are used for storage and/or
treatment only and that do not operate in accordance with the time limits
established in the staging pile rules at § 264.554(d)(1)(iii), (h), and
(i):
(i) Must operate in accordance with a
time limit, established by the Director, that is no longer than necessary to
achieve a timely remedy selected for the waste, and
(ii) Are subject to the requirements for
staging piles at § 264.554(d)(1)(i) and (ii), § 264.554(d)(2), §
264.554(e) and (f), and § 264.554(j) and (k) in lieu of the performance
standards and requirements for CAMUs in this section at paragraphs (c) and
(e)(4) and (6). (g) CAMUs into which wastes are placed where all wastes have
constituent levels at or below remedial levels or goals applicable to the site
do not have to comply with the requirements for liners at paragraph (e)(3)(i)
of this section, caps at paragraph (e)(6)(iv) of this section, ground water
monitoring requirements at paragraph (e)(5) of this section or, for treatment
and/or storage-only CAMUs, the design standards at paragraph (f) of this
section.
(g)
CAMUs into which wastes are placed where all wastes have constituent levels at
or below remedial levels or goals applicable to the site do not have to comply
with the requirements for liners at paragraph (e)(3)(i) of this section, caps
at paragraph (e)(6)(iv) of this section, ground water monitoring requirements
at paragraph (e)(5) of this section or, for treatment and/or storage-only
CAMUs, the design standards at paragraph (f) of this section.
(h) The Director shall provide public notice
and a reasonable opportunity for public comment before designating a CAMU. Such
notice shall include the rationale for any proposed adjustments under paragraph
(e)(4)(v) of this section to the treatment standards in paragraph (e)(4)(iv) of
this section.
(i) Notwithstanding
any other provision of this section, the Director may impose additional
requirements as necessary to protect human health and the
environment.
(j) Incorporation of a
CAMU into an existing permit must be approved by the Director according to the
procedures for Division -initiated permit modifications under § 270.41 of
this rule, or according to the permit modification procedures of § 270.42
of this rule.
(k) The designation
of a CAMU does not change DEQ's existing authority to address clean-up levels,
media-specific points of compliance to be applied to remediation at a facility,
or other remedy selection decisions.
§ 264.553
Temporary Units
(a) For temporary tanks and container storage
areas used to treat or store hazardous remediation wastes during remedial
activities required under § 264.101 of this rule or the Arkansas Remedial
Action Trust Fund Act (A.C.A. §§
8-7-501 et seq.), or at a permitted
facility that is not subject to § 264.101, the Director may designate a
unit at the facility as a temporary unit. A temporary unit must be located
within the contiguous property under the control of the owner/operator where
the wastes to be managed in the temporary unit originated. For temporary units,
the Director may replace the design, operating, or closure standard applicable
to these units under this Section 264 or Section 265 of this rule with
alternative requirements which protect human health and the
environment.
(b) Any temporary unit
to which alternative requirements are applied in accordance with paragraph (a)
of this subsection shall be:
(1) Located
within the facility boundary; and
(2) Used only for treatment or storage of
remediation wastes.
(c)
In establishing standards to be applied to a temporary unit, the Director shall
consider the following factors:
(1) Length of
time such a unit will be in operation;
(2) Type of unit;
(3) Volumes of waste to be managed;
(4) Physical and chemical characteristics of
the wastes to be managed in the unit;
(5) Potential for releases from the
unit;
(6) Hydrogeological and other
relevant environmental conditions at the facility which may influence the
migration of any potential releases; and
(7) Potential for exposure of humans and
environmental receptors if releases were to occur from the unit.
(d) The Director shall specify in
the permit or order the length of time a temporary unit will be allowed to
operate, to be no longer than a period of one year. The Director shall also
specify the design, operating, and closure requirements for the unit.
(e) The Director may extend the operational
period of a temporary unit once for no longer than a period of one year beyond
that originally specified in the permit or consent order, if he determines
that:
(1) Continued operation of the unit
will not pose a threat to human health and the environment; and
(2) Continued operation of the unit is
necessary to ensure timely and efficient remedial actions at the
facility.
(f)
Incorporation of a temporary unit or a time extension for a temporary unit into
an existing permit shall be:
(1) Approved in
accordance with the procedures for Division -initiated permit modifications
under § 270.41; or
(2)
Requested by the facility owner/operator as a Class II modification according
to the procedures under § 270.42.
(g) The Director shall document the rationale
for designating a temporary unit and for granting time extensions for temporary
units and shall make such documentation available to the public.
§ 264.554
Staging
piles
(This section is written in a special format to make it easier to understand the regulatory requirements. Like other Commission rules, this establishes enforceable legal requirements. For this section, "I" and "you" refer to the owner/operator.)
(a) What
is a staging pile? A staging pile is an accumulation of solid, non-flowing
remediation waste (as defined in § 260.10 of this rule) that is not a
containment building and is used only during remedial operations for temporary
storage at a facility. A staging pile must be located within the contiguous
property under the control of the owner/operator where the wastes to be managed
in the staging pile originated. Staging piles must be designated by the
Director according to the requirements in this section.
(1) For the purposes of this section, storage
includes mixing, sizing, blending, or other similar physical operations as long
as they are intended to prepare the wastes for subsequent management or
treatment.
(2) [Reserved]
(b) When may I use a staging pile?
You may use a staging pile to store hazardous remediation waste (or remediation
waste otherwise subject to land disposal restrictions) only if you follow the
standards and design criteria the Director has designated for that staging
pile. The Director must designate the staging pile in a permit or, at an
interim status facility, in a closure plan or order (consistent with §
270.72(a)(5) and (b)(5) of this rule). The Director must establish conditions
in the permit, closure plan, or order that comply with paragraphs (d) through
(k) of this section.
(c) What
information must I provide to get a staging pile designated? When seeking a
staging pile designation, you must provide:
(1) Sufficient and accurate information to
enable the Director to impose standards and design criteria for your staging
pile according to paragraphs (d) through (k) of this section;
(2) Certification by an independent,
qualified, Arkansas-registered professional engineer for technical data, such
as design drawings and specifications, and engineering studies, unless the
Director determines, based on information that you provide, that this
certification is not necessary to ensure that a staging pile will protect human
health and the environment; and
(3)
Any additional information the Director determines is necessary to protect
human health and the environment.
(d) What performance criteria must a staging
pile satisfy? The Director must establish the standards and design criteria for
the staging pile in the permit, closure plan, or order.
(1) The standards and design criteria must
comply with the following:
(i) The staging
pile must facilitate a reliable, effective and protective remedy;
(ii) The staging pile must be designed so as
to prevent or minimize releases of hazardous wastes and hazardous constituents
into the environment, and minimize or adequately control cross-media transfer,
as necessary to protect human health and the environment (for example, through
the use of liners, covers, run-off/run-on controls, as appropriate);
and
(iii) The staging pile must not
operate for more than two years, except when the Director grants an operating
term extension under paragraph (i) of this section (entitled "May I receive an
operating extension for a staging pile?"). You must measure the two-year limit,
or other operating term specified by the Director in the permit, closure plan,
or order, from the first time you place remediation waste into a staging pile.
You must maintain a record of the date when you first placed remediation waste
into the staging pile for the life of the permit, closure plan, or order, or
for three years, whichever is longer.
(2) In setting the standards and design
criteria, the Director must consider the following factors:
(i) Length of time the pile will be in
operation;
(ii) Volumes of wastes
you intend to store in the pile;
(iii) Physical and chemical characteristics
of the wastes to be stored in the unit;
(iv) Potential for releases from the
unit;
(v) Hydrogeological and other
relevant environmental conditions at the facility that may influence the
migration of any potential releases; and
(vi) Potential for human and environmental
exposure to potential releases from the unit;
(e) May a staging pile receive ignitable or
reactive remediation waste? You must not place ignitable or reactive
remediation waste in a staging pile unless:
(1) You have treated, rendered or mixed the
remediation waste before you placed it in the staging pile so that:
(i) The remediation waste no longer meets the
definition of ignitable or reactive under § 261.21 or § 261.23 of
this rule; and
(ii) You have
complied with § 264.17(b); or
(2) You manage the remediation waste to
protect it from exposure to any material or condition that may cause it to
ignite or react.
(f) How
do I handle incompatible remediation wastes in a staging pile? The term
"incompatible waste" is defined in § 260.10 of this rule. You must comply
with the following requirements for incompatible wastes in staging piles:
(1) You must not place incompatible
remediation wastes in the same staging pile unless you have complied with
§ 264.17(b);
(2) If
remediation waste in a staging pile is incompatible with any waste or material
stored nearby in containers, other piles, open tanks or land disposal units
(for example, surface impoundments), you must separate the incompatible
materials, or protect them from one another by using a dike, berm, wall or
other device; and
(3) You must not
pile remediation waste on the same base where incompatible wastes or materials
were previously piled, unless the base has been decontaminated sufficiently to
comply with § 264.17(b).
(g) Are staging piles subject to Land
Disposal Restrictions (LDR) and Minimum Technological Requirements (MTR)? No.
Placing hazardous remediation wastes into a staging pile does not constitute
land disposal of hazardous wastes or create a unit that is subject to the
minimum technological requirements of RCRA 3004(o).
(h) How long may I operate a staging pile?
The Director may allow a staging pile to operate for up to two years after
hazardous remediation waste is first placed into the pile. You must use a
staging pile no longer than the length of time designated by the Director in
the permit, closure plan, or order (the "operating term"), except as provided
in paragraph (i) of this section.
(i) May I receive an operating extension for
a staging pile?
(1) The Director may grant one
operating term extension of up to 180 days beyond the operating term limit
contained in the permit, closure plan, or order (see paragraph (l) of this
section for modification procedures). To justify to the Director the need for
an extension, you must provide sufficient and accurate information to enable
the Director to determine that continued operation of the staging pile:
(i) Will not pose a threat to human health
and the environment; and
(ii) Is
necessary to ensure timely and efficient implementation of remedial actions at
the facility.
(2) The
Director may, as a condition of the extension, specify further standards and
design criteria in the permit, closure plan, or order, as necessary, to ensure
protection of human health and the environment.
(j) What is the closure requirement for a
staging pile located in a previously contaminated area?
(1) Within 180 days after the operating term
of the staging pile expires, you must close a staging pile located in a
previously contaminated area of the site by removing or decontaminating all:
(i) Remediation waste;
(ii) Contaminated containment system
components; and
(iii) Structures
and equipment contaminated with waste and leachate.
(2) You must also decontaminate contaminated
subsoils in a manner and according to a schedule that the Director determines
will protect human health and the environment.
(3) The Director must include the above
requirements in the permit, closure plan, or order in which the staging pile is
designated.
(k) What is
the closure requirement for a staging pile located in an uncontaminated area?
(1) Within 180 days after the operating term
of the staging pile expires, you must close a staging pile located in an
uncontaminated area of the site according to §§ 264.258(a) and
264.111; or according to §§ 265.258(a) and 265.111 of this
rule.
(2) The Director must include
the above requirement in the permit, closure plan, or order in which the
staging pile is designated.
(l) How may my existing permit (for example,
RAP), closure plan, or order be modified to allow me to use a staging pile?
(1) To modify a permit, other than a RAP, to
incorporate a staging pile or staging pile operating term extension, either:
(i) The Director must approve the
modification under the procedures for EPA- or State-initiated permit
modifications in § 270.41 of this rule; or
(ii) You must request a Class 2 modification
under § 270.42 of this rule.
(2) To modify a RAP to incorporate a staging
pile or staging pile operating term extension, you must comply with the RAP
modification requirements under §§ 270.170 and 270.175 of this
rule.
(3) To modify a closure plan
to incorporate a staging pile or staging pile operating term extension, you
must follow the applicable requirements under § 264.112(c) or §
265.112(c) of this rule.
(4) To
modify an order to incorporate a staging pile or staging pile operating term
extension, you must follow the terms of the order and the applicable provisions
of § 270.72(a)(5) or (b)(5) of this rule.
(m) Is information about the staging pile
available to the public? The Director must document the rationale for
designating a staging pile or staging pile operating term extension and make
this documentation available to the public.
§ 264.555
Disposal of
CAMU-eligible wastes in permitted hazardous waste landfills
(a) The Director may approve placement of
CAMU-eligible wastes in hazardous waste landfills not located at the site from
which the waste originated, without the wastes meeting the requirements of
Section 268 of this rule, if the conditions in paragraphs (a)(1) through (3) of
this section are met:
(1) The waste meets the
definition of CAMU-eligible waste in § 264.552(a)(1) and (2).
(2) The Director identifies principal
hazardous constitutes in such waste, in accordance with § 264.552(e)(4)(i)
and (ii), and requires that such principal hazardous constituents are treated
to any of the following standards specified for CAMU-eligible wastes:
(i) The treatment standards under
264.552(e)(4)(iv); or
(ii)
Treatment standards adjusted in accordance with § 264.552(e)(4)(v)(A),
(C), (D) or (E)(1); or
(iii) Treatment standards adjusted in
accordance with § 264.552(e)(4)(v)(E)(2), where treatment
has been used and that treatment significantly reduces the toxicity or mobility
of the principal hazardous constituents in the waste, minimizing the short-term
and long term threat posed by the waste, including the threat at the
remediation site.
(3) The
landfill receiving the CAMU-eligible waste must have a RCRA hazardous waste
permit, meet the requirements for new landfills in Subsection N of this
section, and be authorized to accept CAMU-eligible wastes; for the purposes of
this requirement, ''permit'' does not include interim status.
(b) The person seeking approval
shall provide sufficient information to enable the Director with regulatory
oversight at the location where the cleanup is taking place to approve
placement of CAMU-eligible waste in accordance with paragraph (a) this section.
Information required by § 264.552(d)(1) through (3) for CAMU applications
must be provided, unless not reasonably available.
(c) The Director shall provide public notice
and a reasonable opportunity for public comment before approving CAMU eligible
waste for placement in an off-site permitted hazardous waste landfill,
consistent with the requirements for CAMU approval at § 264.552(h). The
approval must be specific to a single remediation.
(d) Applicable hazardous waste management
requirements in this part, including recordkeeping requirements to demonstrate
compliance with treatment standards approved under this section, for
CAMU-eligible waste must be incorporated into the receiving facility permit
through permit issuance or a permit modification, providing notice and an
opportunity for comment and a hearing. Notwithstanding § 270.4(a) of this
rule, a landfill may not receive hazardous CAMU-eligible waste under this
section unless its permit specifically authorizes receipt of such
waste.
(e) For each remediation,
CAMU-eligible waste may not be placed in an off-site landfill authorized to
receive CAMU-eligible waste in accordance with paragraph (d) of this section
until the following additional conditions have been met:
(1) The landfill owner/operator notifies the
Director and persons on the facility mailing list, maintained in accordance
with
40 CFR
124.10(c)(1)(ix), of his or
her intent to receive CAMU-eligible waste in accordance with this section; the
notice must identify the source of the remediation waste, the principal
hazardous constituents in the waste, and treatment requirements.
(2) Persons on the facility mailing list may
provide comments, including objections to the receipt of the CAMU-eligible
waste, to the Director within 15 days of notification.
(3) The Director may object to the placement
of the CAMU-eligible waste in the landfill within 30 days of notification; the
Director may extend the review period an additional 30 days because of public
concerns or insufficient information.
(4) CAMU-eligible wastes may not be placed in
the landfill until the Director has notified the facility owner/operator that
he or she does not object to its placement.
(5) If the Director objects to the placement
or does not notify the facility owner/operator that he or she has chosen not to
object, the facility may not receive the waste, notwithstanding §
270.4(a), until the objection has been resolved, or the owner/operator obtains
a permit modification in accordance with the procedures of § 270.42
specifically authorizing receipt of the waste.
(6) As part of the permit issuance or permit
modification process of paragraph (d) of this section, the Director may modify,
reduce, or eliminate the notification requirements of this paragraph as they
apply to specific categories of CAMU-eligible waste, based on minimal
risk.
(f) Generators of
CAMU-eligible wastes sent off-site to a hazardous waste landfill under this
section must comply with the requirements of § 268.7(a)(4); off-site
facilities treating CAMU-eligible wastes to comply with this section must
comply with the requirements of § 268.7(b)(4), except that the
certification must be with respect to the treatment requirements of paragraph
(a)(2) of this section.
(g) For the
purposes of this section only, the ''design of the CAMU'' in §
264.552(e)(4)(v)(E) means design of the permitted Subtitle C landfill.
Subsections
T-V
[Reserved]
Subsection W
-- Drip Pads
§ 264.570
Applicability
(a) The requirements of this Subsection apply
to owners and operators of facilities that use new or existing drip pads to
convey treated wood drippage, precipitation, and/or surface water run-off to an
associated collection system. Existing drip pads are those constructed before
December 6, 1990 and those for which the owner or operator has a design and has
entered into binding financial or other agreements for construction prior to
December 6, 1990. All other drip pads are new drip pads. The requirement at
§ 264.573(b)(3) to install a leak collection system applies only to those
drip pads that are constructed after December 24, 1992, except for those
constructed after December 24, 1992 for which the owner or operator has a final
design and has entered into binding financial or other agreements for
construction prior to December 24, 1992.
(b) The owner or operator of any drip pad
that is inside or under a structure that provides protection from precipitation
so that neither run-off nor run-on is generated is not subject to rule under
§ 264.573(e) or § 264.573(f), as appropriate.
(c) The requirements of this subsection are
not applicable to the management of infrequent and incidental drippage in
storage yards provided that:
(1) The owner or
operator maintains and complies with a written contingency plan that descibes
how the owner or operator will respond immediately to the discharge of such
infrequent and incidental drippage. At a minimum, the contingency plan must
describe how the owner or operator will do the following:
(i) Clean up the drippage;
(ii) Document the cleanup of the
drippage;
(iii) Retain documents
regarding the cleanup for three years;
(iv) Manage the contaminated media in a
manner consistent with this rule.
§ 264.571
Assessment of existing
drip pad integrity
(a) For each
existing drip pad as defined in § 264.570 of this Subsection, the owner or
operator must evaluate the drip pad and determine that it meets all of the
requirements of this Subsection, except the requirements for liners and leak
detection systems of § 264.573(b). No later than the effective date of
this rule, the owner or operator must obtain and keep on file at the facility a
written assessment of the drip pad, reviewed and certified by an
independent, qualified Arkansas-registered professional
engineer that attests to the results of the evaluation. The assessment must be
reviewed, updated and re-certified annually until all upgrades, repairs, or
modifications necessary to achieve compliance with all of the standards of
§ 264.573 of this Subsection are complete. The evaluation must document
the extent to which the drip pad meets each of the design and operating
standards of § 264.573 except the standards for liners and leak detection
systems, specified in § 264.573(b).
(b)
For immediate protection of the
environment, all existing drip pads, regardless of age, must have an
impermeable (as specified at § 264.573(a)(4)(i)) coating or cover in place
no later than September 30, 1995. In addition, the owner or operator
must develop a written plan for the eventual upgrading, repairing, and
modifying of the drip pad to meet the requirements of § 264.573(b) and
submit the plan to the Director no later than 2 years before the date that all
repairs, upgrades, and modifications are complete. This written plan must
describe all changes to be made to the drip pad in sufficient detail to
document compliance with all the requirements of § 264.573.
The plan must be reviewed and certified by an independent qualified Arkansas-registered professional engineer.
Note: A properly installed and maintained drip pad coating which is installed to meet the September 30, 1995 deadline should satisfy the eventual coating option of § 264.573(a)(4).
(c) Upon completion of all
upgrades, repairs, and modifications, the owner or operator must submit to the
Director the as-built drawings for the drip pad together with a certification
by an independent qualified Arkansas-registered professional engineer
attesting that the drip pad conforms to the drawings.
(d) If the drip pad is found to be leaking or
unfit for use, the owner or operator must comply with the provisions of §
264.573 (m) of this Subsection or close the drip pad in accordance with §
264.575 of this Subsection.
§
264.572
Design and installation of new drip pads
Owners and operators of new drip pads must ensure that the pads are designed, installed, and operated in accordance with one of the following:
(a) All of the applicable
requirements of §§ 264.573 (except 264.573(a)(4)), 264.574 and
264.575 of this Subsection, or
(b)
All of the applicable requirements of §§ 264.573 (except 264.573(b)),
264.574 and 264.575 of this Subsection.
§ 264.573
Design and operating
requirements
(a) Drip pads must:
(1) Be constructed of non-earthern materials,
excluding wood and non-structurally supported asphalt:
(2) Be sloped to free-drain treated wood
drippage, rain and other waters, or solutions of drippage and water or other
wastes to the associated collection system;
(3) Have a curb or berm around the
perimeter;
(4)
(i) Have a hydraulic conductivity of less
than or equal to 1x10-7 centimeters per second,
e.g., existing concrete drip pads must be sealed, coated, or covered with a
surface material with a hydraulic conductivity of less than or equal to
1x10-7 centimeters per second such that the entire
surface where drippage occurs or may run across is capable of containing all
such drippage and mixtures of drippage and precipitation, materials, or other
wastes while being routed to an associated collection system. This surface
material must be maintained free of cracks and gaps that could adversely affect
its hydraulic conductivity, and the material must be chemically compatible with
the preservatives that contact the drip pad. The requirements of this provision
apply to existing drip pads, and those drip pads for which the owner or
operator elects to comply with § 264.572(b) instead of § 264.572(a).
Penetrating sealants are not adequate to meet this coating or cover
requirement.
(ii) The owner
or operator must obtain and keep on file at the facility a written assessment
(§ 264.571) of the drip pad, reviewed and certified by an
independent, qualified, Arkansas-registered professional engineer
that attests to the results of the evaluation. This assessment must
be renewed, updated, and recertified annually. The evaluation must document the
extent to which the drip pad meets the design and operating standards of this
Subsection.
(5) Be of
sufficient structural strength and thickness to prevent failure due to physical
contact, climatic conditions, the stress of daily operations, e.g., variable
and moving loads such as vehicle traffic, movement of wood, etc.
Note: The Division will generally consider applicable standards established by professional organizations generally recognized by the industry such as the American Concrete Institute (ACI) or the American Society of Testing and Materials (ASTM) in judging the structural integrity requirement of this paragraph.
(b) If the owner or operator elects to comply
with § 265.572(a) instead of § 264.572(b), the drip pad must have:
(1) A synthetic liner installed below the
drip pad that is designed, constructed, and installed to prevent leakage from
the drip pad into the adjacent subsurface soil or groundwater or surface water
at any time during the active life (including the closure period) of the drip
pad. The liner must be constructed of materials that will prevent waste from
being absorbed into the liner and to prevent releases into the adjacent
subsurface soil or groundwater or surface water during the active life of the
facility. The liner must be:
(i) Constructed
of materials that have appropriate chemical properties and sufficient strength
and thickness to prevent failure due to pressure gradients (including static
head and external hydrogeologic forces), physical contact with the waste or
drip pad leakage to which they are exposed, climatic conditions, the stress of
installation, and the stress of daily operation (including stresses from
vehicular traffic on the drip pad);
(ii) Placed upon a foundation or base capable
of providing support to the liner and resistance to pressure gradients above
and below the liner to prevent failure of the liner due to settlement,
compression or uplift; and
(iii)
Installed to cover all surrounding earth that could come in contact with the
waste or leakage; and
(2)
A leakage detection system immediately above the liner that is designed,
constructed, maintained and operated to detect leakage from the drip pad. The
leakage detection system must be:
(i)
Constructed of materials that are:
(A)
Chemically resistant to the waste managed in the drip pad and the leakage that
might be generated; and
(B) Of
sufficient strength and thickness to prevent collapse under the pressures
exerted by overlaying materials and by any equipment used at the drip
pad;
(ii) Designed and
operated to function without clogging through the scheduled closure of the drip
pad; and
(iii) Designed so that it
will detect the failure of the drip pad or the presence of a release of
hazardous waste or accumulated liquid at the earliest practicable
time.
(3) A leakage
collection system immediately above the liner that is designed, constructed,
maintained, and operated to collect leakage from the drip pad such that it can
be removed from below the drip pad. The date, time, and quantity of any leakage
collected in this system and removed must be documented in the operating
log.
(c) Drip pads must
be maintained such that they remain free of cracks, gaps, corrosion, or other
deterioration that could cause hazardous waste to be released from the drip
pad.
Note: See § 264.573(m) for remedial action required if deterioration or leakage is detected.
(d) The drip pad and associated collection
system must be designed and operated to convey, drain, and collect liquid
resulting from drippage or precipitation in order to prevent run-off.
(e) Unless protected by a structure, as
described in § 264.570(b) of this subsection, the owner or operator must
design, construct, operate and maintain a run-on control system capable of
preventing flow onto the drip pad during peak discharge from at least a
24-hour, 25-year storm, unless the system has sufficient excess capacity to
contain any run-off that might enter the system.
(f) Unless protected by a structure or cover
as described in § 264.570(b) of this subsection, the owner or operator
must design, construct, operate and maintain a run-off management system to
collect and control at least the water volume resulting from a 24-hour, 25-year
storm.
(g) The drip pad must be
evaluated to determine that it meets the requirements of paragraphs (a) through
(f) of this section and the owner or operator must obtain a statement from an
independent, qualified Arkansas-registered professional engineer
certifying that the drip pad design meets the requirements of this
section.
(h) Drippage and
accumulated precipitation must be removed from the associated collection system
as necessary to prevent overflow onto the drip pad.
(i) The drip pad surface must be cleaned
thoroughly in a manner and frequency such that accumulated residues of
hazardous waste or other materials are removed, with residues being properly
managed as hazardous waste, so as to allow weekly inspections of the entire
drip pad surface without interference or hindrance from accumulated residues of
hazardous wastes or other materials on the drip pad. The owner or operator must
document the date and time of each cleaning and the cleaning and the cleaning
procedure used in the facility's operating log. The owner/operator must
determine if the residues are hazardous as per § 262.11of this rule and,
if so, must manage them under Sections 261-279 of this rule and the Arkansas
Hazardous Waste Management Act.
(j)
Drip pads must be operated and maintained in a manner to minimize tracking of
hazardous waste or hazardous waste constituents off the drip pad as a result of
activities by personnel or equipment.
(k) After being removed from the treatment
vessel, treated wood from pressure and non-pressure processes must be held on
the drip pad until drippage has ceased. The owner or operator must maintain
records sufficient to document that all treated wood is held on the pad
following treatment in accordance with this requirement.
(l) Collection and holding units associated
with run-on and run-off control systems must be emptied or otherwise managed as
soon as possible after storms to maintain design capacity of the
system.
(m) Throughout the active
life of the drip pad and as specified in the permit, if the owner or operator
detects a condition that may have caused or has caused a release of hazardous
waste, the condition must be repaired within a reasonably prompt period of time
following discovery, in accordance with the following procedures:
(1) Upon detection of a condition that may
have caused or has caused a release of hazardous waste (e.g., upon detection of
leakage in the leak detection system), the owner or operator must:
(i) Enter a record of the discovery in the
facility operating log;
(ii)
Immediately remove the portion of the drip pad affected by the condition from
service;
(iii) Determine what steps
must be taken to repair the drip pad and clean up any leakage from below the
drip pad, and establish a schedule for accomplishing the repairs;
(iv) Within 24 hours after discovery of the
condition, notify the Director of the condition and, within 10 working days,
provide written notice to the Director with a description of the steps that
will be taken to repair the drip pad and clean up any leakage, and the schedule
for accomplishing this work.
(2) The Director will review the information
submitted, make a determination regarding whether the pad must be removed from
service completely or partially until repairs and cleanup are complete and
notify the owner or operator of the determination and the underlying rationale
in writing.
(3) Upon completing all
repairs and cleanup, the owner or operator must notify the Director in writing
and provide a certification signed by an independent, qualified
Arkansas-registered professional engineer, that the repairs and
cleanup have been completed according to the written plan submitted in
accordance with paragraph (m)(1)(iv) of this section. (n) Should a permit be
necessary, the Director will specify in the permit all design and operating
practices that are necessary to ensure that the requirements of this section
are satisfied.
(o) The
owner or operator must maintain, as part of the facility operating log,
documentation of past operating and waste handling practices. This must include
identification of preservative formulations used in the past, a description of
drippage management practices, and a description of treated wood storage and
handling practices.
§
264.574
Inspections
(a) During construction or installation,
liners and cover systems (e.g., membranes, sheets, or coatings) must be
inspected for uniformity, damage and imperfections (e.g., holes, cracks, thin
spots, or foreign materials). Immediately after construction or installation,
liners must be inspected and certified as meeting the requirements of §
264.573 of this subsection by an independent qualified,
Arkansas-registered professional engineer. This certification must be
maintained at the facility as part of the facility operating record. After
installation, liners and covers must be inspected to ensure tight seams and
joints and the absence of tears, punctures, or blisters.
(b) While a drip pad is in operation, it must
be inspected weekly and after storms to detect evidence of any of the
following:
(1) Deterioration, malfunctions or
improper operation of run-on and run-off control systems;
(2) The presence of leakage in and proper
functioning of leak detection system.
(3) Deterioration or cracking of the drip pad
surface.
Note: See § 264.573(m) for remedial action required if deterioration or leakage is detected.
§ 264.575
Closure
(a) At closure, the owner or operator must
remove or decontaminate all waste residues, contaminated containment system
components (pad, liners, etc.), contaminated subsoils, and structures and
equipment contaminated with waste and leakage, and manage them as hazardous
waste.
(b) If, after removing or
decontaminating all residues and making all reasonable efforts to effect
removal or decontamination of contaminated components, subsoils, structures,
and equipment as required in paragraph (a) of this section, the owner or
operator finds that not all contaminated subsoils can be practicably removed or
decontaminated, he must close the facility and perform post-closure care in
accordance with closure and post-closure care requirements that apply to
landfills (§ 264.310). For permitted units, the requirement to have a
permit continues throughout the post-closure period. In addition, for the
purpose of closure, post-closure, and financial responsibility, such a drip pad
is then considered to be landfill, and the owner or operator must meet all of
the requirements for landfills specified in subsections G and H of this
part.
(c)
(1) The owner or operator of an existing drip
pad, as defined in § 264.570 of this subsection, that does not comply with
the liner requirements of § 264.573(b)(1) must:
(i) Include in the closure plan for the drip
pad under § 264.112 both a plan for complying with paragraph (a) of this
section and a contingent plan for complying with paragraph (b) of this section
in case not all contaminated subsoils can be practicably removed at closure;
and
(ii) Prepare a contingent
post-closure plan under § 264.118 of this part for complying with
paragraph (b) of this section in case not all contaminated subsoils can be
practicably removed at closure.
(2) The cost estimates calculated under
§§ 264.112 and 264.144 of this part for closure and post-closure care
of a drip pad subject to this paragraph must include the cost of complying with
the contingent closure plan and the contingent post-closure plan, but are not
required to include the cost of expected closure under paragraph (a) of this
section.
Subsection X
-- Miscellaneous
Units
§ 264.600
Applicability
The requirements in this Subsection apply to owners and operators of facilities that treat, store, or dispose of hazardous waste in miscellaneous units, except as § 264.1 provide otherwise.
§ 264.601
Environmental
performance standards
A miscellaneous unit must be located, designed, constructed, operated, maintained, and closed in a manner that will ensure protection of human health and the environment. Permits for miscellaneous units are to contain such terms and provisions as necessary to protect human health and the environment, including, but not limited to, as appropriate, design and operating requirements, detection and monitoring requirements, and requirements for responses to releases of hazardous waste hazardous constituents from the unit. Permit terms and provisions must include those requirements of subsections I through O and subsections AA through CC of this section, Section 270 of this rule, 40 CFR Part 63 subpart EEE, and 40 CFR Part 146 that are appropriate for the miscellaneous unit being permitted. Protection of human health and the environment includes, but is not limited to
(a) Prevention of any releases that may have
adverse effects on human health or the environment due to migration of waste
constituents in the ground water or subsurface environment, considering:
(1) The volume and physical and chemical
characteristics of the waste in the unit, including its potential for migration
through soil, liners, or other containing structures;
(2) The hydrologic and geologic
characteristics of the unit and the surrounding area;
(3) The existing quality of ground water,
including other sources of contamination and their cumulative impact on the
ground water;
(4) The quantity and
direction of ground-water flow;
(5)
The proximity to and withdrawal rates of current and potential ground-water
users;
(6) The patterns of land use
in the region;
(7) The potential
for deposition or migration of waste constituents into subsurface physical
structures, and into the root zone of food-chain crops and other
vegetation;
(8) The potential for
health risks caused by human exposure to waste constituents; and
(9) The potential for damage to domestic
animals, wildlife, crops, vegetation, and physical structures caused by
exposure to waste constituents;
(b) Prevention of any releases that may have
adverse effects on human health or the environment due to migration of waste
constituents in surface water, or wetlands or on the soil surface considering:
(1) The volume and physical and chemical
characteristics of the waste in the unit;
(2) The effectiveness and reliability of
containing, confining, and collecting systems and structures in preventing
migration;
(3) The hydrologic
characteristics of the unit and the surrounding area, including the topography
of the land around the unit;
(4)
The patterns of precipitation in the region;
(5) The quantity, quality, and direction of
ground-water flow;
(6) The
proximity of the unit to surface waters;
(7) The current and potential uses of nearby
surface waters and any water quality standards established for those surface
waters;
(8) The existing quality of
surface waters and surface soils, including other sources of contamination and
their cumulative impact on surface waters and surface soils;
(9) The patterns of land use in the
region;
(10) The potential for
health risks caused by human exposure to waste constituents; and
(11) The potential for damage to domestic
animals, wildlife, crops, vegetation, and physical structures caused by
exposure to waste constituents.
(c) Prevention of any release that may have
adverse effects on human health or the environment due to migration of waste
constituents in the air, considering:
(1) The
volume and physical and chemical characteristics of the waste in the unit,
including its potential for the emission and dispersal of gases, aerosols and
particulates;
(2) The effectiveness
and reliability of systems and structures to reduce or prevent emissions of
hazardous constituents to the air;
(3) The operating characteristics of the
unit;
(4) The atmospheric,
meteorologic, and topographic characteristics of the unit and the surrounding
area;
(5) The existing quality of
the air, including other sources of contamination and their cumulative impact
on the air;
(6) The potential for
health risks caused by human exposure to waste constituents; and
(7) The potential for damage to domestic
animals, wildlife, crops, vegetation, and physical structures caused by
exposure to waste constituents.
(d)
The open burning or the open
detonation of hazardous wastes on unprotected ground surfaces is prohibited.
Open burning or open detonation of wastes must be conducted in or on a
containment device elevated above the ground. The containment device must be
sufficiently impermeable so as to prevent the leaching or migration of waste
residues into the soil beneath or around the containment device. Open burning
of hazardous wastes shall not be allowed when alternate technologies are
available and feasible.
(e)
Applicants for a permit for open
burning or open detonation of hazardous wastes shall be required to demonstrate
that no reasonable alternative to open burning or detonation is currently
available prior to the approval of such a permit.
§ 264.602
Monitoring, analysis,
inspection, response, reporting, and corrective action
Monitoring, testing, analytical data, inspections, response, and reporting procedures and frequencies must ensure compliance with §§ 264.601, 264.15, 264.33, 264.75, 264.76, 264,77, and 264.101 as well as meet any additional requirements needed to protect human health and the environment as specified in the permit.
§ 264.603
Post-closure care
A miscellaneous unit that is a disposal unit must be maintained in a manner that complies with § 264.601 during the post-closure care period. In addition, if a treatment or storage unit has contaminated soils or ground water that cannot be completely removed or decontaminated during closure, then that unit must also meet the requirements of § 264.601 during post-closure care. The post-closure plan under § 264.118 must specify the procedures that will be used to satisfy this requirement.
Subsections Y-Z
[Reserved
Subsection
AA
-- Air Emission Standards for Process Vents
§ 264.1030
Applicability
(a) The rule s in this Subsection apply to
owners and operators of facilities that treat, store, or dispose of hazardous
wastes (except as provided in § 264.1).
(b) Except for §§ 264.1034(d) and
(e), this Subsection applies to process vents associated with distillation,
fractionation, thin-film evaporation, solvent extraction, or air or steam
stripping operations that manage hazardous wastes with organic concentrations
of at least 10-ppmw, if these operations are conducted in:
(1) A unit that is subject to the permitting
requirements of § 270, or
(2)
A unit (including a hazardous waste recycling unit) that is not exempt from
permitting under the provisions of § 262.17(i.e., a hazardous waste
recycling unit that is not a 90-day tank or container) and that is located at a
hazardous waste management facility otherwise subject to the permitting
requirements of § 270, or
(3)
A unit that is exempt from permitting under the provisions of §
262.17(i.e., a "90-day" tank or container) and is not a recycling unit under
the provisions of §261.6.
(c) For the owner and operator of a facility
subject to this subsection and who received a final permit under RCRA section
3005 prior to December 6, 1996, the requirements of this subsection shall be
incorporated into the permit when the permit is reissued in accordance with the
requirements of
40 CFR
124.15 or reviewed in accordance with the
requirements of § 270.50(d). Until such date when the owner and operator
receive a final permit incorporating the requirements of this subsection, the
owner and operator are subject to the requirements of Section 265, Subsection
AA of this rule.
(d) Until such
date when the owner and operator receives a final permit incorporating the
requirements of this subsection, the owner and operator are subject to the
requirements of § 265, subsection AA.
(e) The requirements of this subsection do
not apply to the process vents at a facility where the facility owner or
operator certifies that all of the process vents that would otherwise be
subject to this subsection are equipped with and operating air emission
controls in accordance with the process vent requirements of an applicable
Clean Air Act regulation codified under 40 CFR part 60, part 61, or part 63.
The documentation of compliance under regulations at 40 CFR part 60, part 61,
or part 63 shall be kept with, or made readily available with, the facility
operating record.
[Note: The requirements of §§ 264.1032 through 264.1036 apply to process vents on hazardous waste recycling units previously exempt under § 261.6(c)(1). Other exemptions under §§ 261.4 and 264.1(g) are not affected by these requirements.]
§ 264.1031
Definitions
As used in this Subsection, all terms not defined herein shall have the meaning given them in RCRA, the Act and sections 260-266, 268, 270, and 279 of this rule.
"Air stripping operation" is a desorption operation employed to transfer one or more volatile components from a liquid mixture into a gas (air) either with or without the application of heat to the liquid. Packed towers, spray towers, and bubble-cap, sieve, or valve-type plate towers are among the process configurations used for contacting the air and a liquid.
"Bottoms receiver" means a container or tank used to receive and collect the heavier bottoms fractions of the distillation feed stream that remain in the liquid phase.
"Closed-vent system" means a system that is not open to the atmosphere and that is composed of piping, connections, and, if necessary, flow-inducing devices that transport gas or vapor from a piece or pieces of equipment to a control device.
"Condenser" means a heat-transfer device that reduces a thermodynamic fluid from its vapor phase to its liquid phase.
"Connector" means flanged, screwed, welded, or other joined fittings used to connect two pipelines or a pipeline and a piece of equipment. For the purposes of reporting and recordkeeping, connector means flanged fittings that are not covered by insulation or other materials that prevent location of the fittings.
"Continuous recorder" means a data-recording device recording an instantaneous data value at least once every 15 minutes.
"Control device" means an enclosed combustion device, vapor recovery system, or flare. Any device the primary function of which is the recovery or capture of solvents or other organics for use, reuse, or sale (e.g., a primary condenser on a solvent recovery unit) is not a control device.
"Control device shutdown" means the cessation of operation of a control device for any purpose.
"Distillate receiver'' means a container or tank used to receive and collect liquid material (condensed) from the overhead condenser of a distillation unit and from which the condensed liquid is pumped to larger storage tanks or other process units.
"Distillation operation" means an operation, either batch or continuous, separating one or more feed stream(s) into two or more exit streams, each exit stream having component concentrations different from those in the feed stream(s). The separation is achieved by the redistribution of the components between the liquid and vapor phase as they approach equilibrium within the distillation unit.
"Double block and bleed system" means two block valves connected in series with a bleed valve or line that can vent the line between the two block valves.
"Equipment" means each valve, pump, compressor, pressure relief device, sampling connection system, open-ended valve or line, or flange or other connector, and any control devices or systems required by this Subsection.
"Flame zone" means the portion of the combustion chamber in a boiler occupied by the flame envelope.
"Flow indicator" means a device that indicates whether gas flow is present in a vent stream.
"First attempt at repair" means to take rapid action for the purpose of stopping or reducing leakage of organic material to the atmosphere using best practices.
"Fractionation operation" means a distillation operation or method used to separate a mixture of several volatile components of different boiling points in successive stages, each stage removing from the mixture some proportion of one of the components.
"Hazardous waste management unit shutdown" means a work practice or operational procedure that stops operation of a hazardous waste management unit or part of a hazardous waste management unit. An unscheduled work practice or operational procedure that stops operation of a hazardous waste management unit or part of a hazardous waste management unit for less than 24 hours is not a hazardous waste management unit shutdown. The use of spare equipment and technically feasible bypassing of equipment without stopping operation are not hazardous waste management unit shutdowns.
"Hot well'' means a container for collecting condensate as in a steam condenser serving a vacuum-jet or steam-jet ejector.
"In gas/vapor service'' means that the piece of equipment contains or contacts a hazardous waste stream that is in the gaseous state at operating conditions.
''In heavy liquid service" means that the piece of equipment is not in gas/vapor service or in light liquid service.
"In light liquid service" means that the piece of equipment contains or contacts a waste stream where the vapor pressure of one or more of the components in the stream is greater than 0.3 kilopascals (kPa) at 20°C, the total concentration of the pure organic components having a vapor pressure greater than 0.3 kPa at 20 °C is equal to or greater than 20 percent by weight, and the fluid is a liquid at operating conditions.
"In situ sampling systems" means nonextractive samplers or in-line samplers.
"In vacuum service" means that equipment is operating at an internal pressure that is at least 5 kPa below ambient pressure.
"Malfunction" means any sudden failure of a control device or a hazardous waste management unit or failure of a hazardous waste management unit to operate in a normal or usual manner, so that organic emissions are increased.
"Open-ended valve or line" means any valve, except pressure relief valves, having one side of the valve seat in contact with hazardous waste and one side open to the atmosphere, either directly or through open piping.
"Pressure release" means the emission of materials resulting from the system pressure being greater than the set pressure of the pressure relief device.
"Process heater" means a device that transfers heat liberated by burning fuel to fluids contained in tubes, including all fluids except water that are heated to produce steam.
"Process vent'' means any open-ended pipe or stack that is vented to the atmosphere either directly, through a vacuum-producing system, or through a tank (e.g., distillate receiver, condenser, bottoms receiver, surge control tank, separator tank, or hot well) associated with hazardous waste distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations.
"Repaired" means that equipment is adjusted, or otherwise altered, to eliminate a leak.
"Sampling connection" system means an assembly of equipment within a process or waste management unit used during periods of representative operation to take samples of the process or waste fluid. Equipment used to take non-routine grab samples is not considered a sampling connection system.
"Sensor'' means a device that measures a physical quantity or the change in a physical quantity, such as temperature, pressure, flow rate, pH, or liquid level.
"Separator tank" means a device used for separation of two immiscible liquids.
"Solvent extraction operation" means an operation or method of separation in which a solid or solution is contacted with a liquid solvent (the two being mutually insoluble) to preferentially dissolve and transfer one or more components into the solvent.
"Startup'' means the setting in operation of a hazardous waste management unit or control device for any purpose.
"Steam stripping operation" means a distillation operation in which vaporization of the volatile constituents of a liquid mixture takes place by the introduction of steam directly into the charge.
"Surge control tank" means a large-sized pipe or storage reservoir sufficient to contain the surging liquid discharge of the process tank to which it is connected.
"Thin-film evaporation operation" means a distillation operation that employs a heating surface consisting of a large diameter tube that may be either straight or tapered, horizontal or vertical. Liquid is spread on the tube wall by a rotating assembly of blades that maintain a close clearance from the wall or actually ride on the film of liquid on the wall.
"Vapor incinerator" means any enclosed combustion device that is used for destroying organic compounds and does not extract energy in the form of steam or process heat.
"Vented" means discharged through an opening, typically an open-ended pipe or stack, allowing the passage of a stream of liquids, gases, or fumes into the atmosphere. The passage of liquids, gases, or fumes is caused by mechanical means such as compressors or vacuum-producing systems or by process-related means such as evaporation produced by heating and not caused by tank loading and unloading (working losses) or by natural means such as diurnal temperature changes.
§
264.1032
Standards: Process vents
(a) The owner or operator of a facility with
process vents associated with distillation, fractionation, thin-film
evaporation, solvent extraction, or air or steam stripping operations managing
hazardous wastes with organic concentrations of at least 10 ppmw shall either:
(1) Reduce total organic emissions from all
affected process vents at the facility below 1.4 kg/h (3 lb/h) and 2.8 Mg/yr
(3.1 tons/yr), or
(2) Reduce, by
use of a control device, total organic emissions from all affected process
vents at the facility by 95 weight percent.
(b) If the owner or operator installs a
closed-vent system and control device to comply with the provisions of
paragraph (a) of this section the closed-vent system and control device must
meet the requirements of § 264.1033.
(c) Determinations of vent emissions and
emission reductions or total organic compound concentrations achieved by add-on
control devices may be based on engineering calculations or performance tests.
If performance tests are used to determine vent emissions, emission reductions,
or total organic compound concentrations achieved by add-on control devices,
the performance tests must conform with the requirements of §
264.1034(c).
(d) When an owner or
operator and the Director do not agree on determinations of vent emissions
and/or emission reductions or total organic compound concentrations achieved by
addon control devices based on engineering calculations, the procedures in
§ 264.1034(c) shall be used to resolve the disagreement.
§ 264.1033
Standards:
Closed-vent systems and control devices
(a)
(1)
Owners or operators of closed-vent systems and control devices used to comply
with provisions of this part shall comply with the provisions of this
section.
(2)
(i) The owner or operator of an existing
facility who cannot install a closed-vent system and control device to comply
with the provisions of this Subsection on the effective date that the facility
becomes subject to the provisions of this Subsection must prepare an
implementation schedule that includes dates by which the closed-vent system and
control device will be installed and in operation. The controls must be
installed as soon as possible, but the implementation schedule may allow up to
30 months after the effective date that the facility becomes subject to this
Subsection for installation and startup.
(ii) Any unit that begins operation after
December 21, 1990, and is subject to the provisions of this subsection when
operation begins, must comply with the rules immediately (i.e., must have
control devices installed and operating on startup of the affected unit); the
30-month implementation schedule does not apply.
(iii) The owner or operator of any facility
in existence on the effective date of a statutory or EPA regulatory amendment
that renders the facility subject to this subsection shall comply with all
requirements of this subpart as soon as practicable but no later than 30 months
after the amendment's effective date. When control equipment required by this
subsection can not be installed and begin operation by the effective date of
the amendment, the facility owner or operator shall prepare an implementation
schedule that includes the following information: Specific calendar dates for
award of contracts or issuance of purchase orders for the control equipment,
initiation of on-site installation of the control equipment, completion of the
control equipment installation, and performance of any testing to demonstrate
that the installed equipment meets the applicable standards of this subsection.
The owner or operator shall enter the implementation schedule in the operating
record or in a permanent, readily available file located at the
facility.
(iv) Owners and operators
of facilities and units that become newly subject to the requirements of this
subsection after December 8, 1997, due to an action other than those described
in paragraph (a)(2)(iii) of this section must comply with all applicable
requirements immediately (i.e., must have control devices installed and
operating on the date the facility or unit becomes subject to this subsection;
the 30-month implementation schedule does not apply).
(b) A control device involving
vapor recovery (e.g., a condenser or adsorber) shall be designed and operated
to recover the organic vapors vented to it with an efficiency of 95 weight
percent or greater unless the total organic emission limits of §
264.1032(a)(1) for all affected process vents can be attained at an efficiency
less than 95 weight percent.
(c) An
enclosed combustion device (e.g., a vapor incinerator, boiler, or process
heater) shall be designed and operated to reduce the organic emissions vented
to it by 95 weight percent or greater; to achieve a total organic compound
concentration of 20 ppmv, expressed as the sum of the actual compounds, not
carbon equivalents, on a dry basis corrected to 3 percent oxygen; or to provide
a minimum residence time of 0.50 seconds at a minimum temperature of 760
°C. If a boiler or process heater is used as the control device, then the
vent stream shall be introduced into the flame zone of the boiler or process
heater.
(d)
(1) A flare shall be designed for and
operated with no visible emissions as determined by the methods specified in
paragraph (e)(1) of this section, except for periods not to exceed a total of 5
minutes during any 2 consecutive hours.
(2) A flare shall be operated with a flame
present at all times, as determined by the methods specified in paragraph
(f)(2)(iii) of this section.
(3) A
flare shall be used only if the net heating value of the gas being combusted is
264.2 MJ/scm (300 Btu/scf) or greater if the flare is steam-assisted or
air-assisted; or if the net heating value of the gas being combusted is 260.45
MJ/scm (200 Btu/scf) or greater if the flare is nonassisted. The net heating
value of the gas being combusted shall be determined by the methods specified
in paragraph (e)(2) of this section.
(4)
(i) A
steam-assisted or nonassisted flare shall be designed for and operated with an
exit velocity, as determined by the methods specified in paragraph (e)(3) of
this section, less than 18.3 m/s (60 ft/s), except as provided in paragraphs
(d)(4) (ii) and (iii) of this section. (ii) A steam-assisted or nonassisted
flare designed for and operated with an exit velocity, as determined by the
methods specified in paragraph (e)(3) of this section, equal to or greater than
18.3 m/s (60 ft/s) but less than 122 m/s (400 ft/s) is allowed if the net
heating value of the gas being combusted is greater than 37.3 MJ/scm (1,000
Btu/scf).
(iii) A steam-assisted or
nonassisted flare designed for and operated with an exit velocity, as
determined by the methods specified in paragraph (e)(3) of this section, less
than the velocity, V max, as determined by the method specified in paragraph
(e)(4) of this section and less than 122 m/s (400 ft/s) is allowed.
(5) An air-assisted flare shall be
designed and operated with an exit velocity less than the velocity, V max, as
determined by the method specified in paragraph (e)(5) of this
section.
(6) A flare used to comply
with this section shall be steam-assisted, air-assisted, or
nonassisted.
(e)
(1) Reference Method 22 in 40 CFR part 60
shall be used to determine the compliance of a flare with the visible emission
provisions of this Subsection. The observation period is 2 hours and shall be
used according to Method 22.
(2)
The net heating value of the gas being combusted in a flare shall be calculated
using the following equation:
where:
HT=Net heating value of the sample, MJ/scm; where the net enthalpy per mole of offgas is based on combustion at 25 °C and 760 mm Hg, but the standard temperature for determining the volume corresponding to 1 mol is 20 °C;
K=Constant, 1.74X10-7 (1/ppm) (g mol/scm) (MJ/kcal) where standard temperature for (g mol/scm) is 20 °C;
Ci=Concentration of sample component i in ppm on a wet basis, as measured for organics by Reference Method 18 in 40 CFR part 60 and measured for hydrogen and carbon monoxide by ASTM D 1946-82 (incorporated by reference as specified in § 260.11); and
Hi=Net heat of combustion of sample component i, kcal/9 mol at 25 °C and 760 mm Hg. The heats of combustion may be determined using ASTM D 2382-83 (incorporated by reference as specified in § 260.11) if published values are not available or cannot be calculated.
(3) The actual
exit velocity of a flare shall be determined by dividing the volumetric flow
rate (in units of standard temperature and pressure), as determined by
Reference Methods 2, 2A, 2C, or 2D in 40 CFR part 60 as appropriate, by the
unobstructed (free) cross-sectional area of the flare tip.
(4) The maximum allowed velocity in m/s, V,
for a flare complying with paragraph max (d)(4)(iii) of this section shall be
determined by the following equation:
where:
28.8=Constant,
31.7=Constant,
HT =The net heating value as determined in paragraph (e)(2) of this section.
(5) The maximum allowed velocity in m/s,
Vmax, for an air-assisted flare shall be determined by
the following equation:
where:
8.706=Constant,
0.7084=Constant,
HT =The net heating value as determined in paragraph (e)(2) of this section.
(f) The owner or operator shall monitor and
inspect each control device required to comply with this section to ensure
proper operation and maintenance of the control device by implementing the
following requirements:
(1) Install,
calibrate, maintain, and operate according to the manufacturer's specifications
a flow indicator that provides a record of vent stream flow from each affected
process vent to the control device at least once every hour. The flow indicator
sensor shall be installed in the vent stream at the nearest feasible point to
the control device inlet but before the point at which the vent streams are
combined.
(2) Install, calibrate,
maintain, and operate according to the manufacturer's specifications a device
to continuously monitor control device operation as specified below:
(i) For a thermal vapor incinerator, a
temperature monitoring device equipped with a continuous recorder. The device
shall have an accuracy of ±1 percent of the temperature being monitored
in °C or ±0.5 °C, whichever is greater. The temperature sensor
shall be installed at a location in the combustion chamber downstream of the
combustion zone.
(ii) For a
catalytic vapor incinerator, a temperature monitoring device equipped with a
continuous recorder. The device shall be capable of monitoring temperature at
two locations and have an accuracy of ±1 percent of the temperature
being monitored in °C or ±0.5 °C, whichever is greater. One
temperature sensor shall be installed in the vent stream at the nearest
feasible point to the catalyst bed inlet and a second temperature sensor shall
be installed in the vent stream at the nearest feasible point to the catalyst
bed outlet.
(iii) For a flare, a
heat sensing monitoring device equipped with a continuous recorder that
indicates the continuous ignition of the pilot flame.
(iv) For a boiler or process heater having a
design heat input capacity less than 44 MW, a temperature monitoring device
equipped with a continuous recorder. The device shall have an accuracy of
±1 percent of the temperature being monitored in °C or ±0.5
°C, whichever is greater. The temperature sensor shall be installed at a
location in the furnace downstream of the combustion zone.
(v) For a boiler or process heater having a
design heat input capacity greater than or equal to 44 MW, a monitoring device
equipped with a continuous recorder to measure a parameter(s) that indicates
good combustion operating practices are being used.
(vi) For a condenser, either:
(A) A monitoring device equipped with a
continuous recorder to measure the concentration level of the organic compounds
in the exhaust vent stream from the condenser, or
(B) A temperature monitoring device equipped
with a continuous recorder. The device shall be capable of monitoring
temperature with an accuracy of ±1 percent of the temp-erature being
monitored in degrees Celsius (°C) or ± 0.5 °C, whichever is
greater. The temperature sensor shall be installed at a location in the exhaust
vent stream from the condenser exit (i.e., product side).
(vii) For a carbon adsorption system that
regenerates the carbon bed directly in the control device such as a fixed-bed
carbon adsorber, either:
(A) A monitoring
device equipped with a continuous recorder to measure the concentration level
of the organic compounds in the exhaust vent stream from the carbon bed,
or
(B) A monitoring device equipped
with a continuous recorder to measure a parameter that indicates the carbon bed
is regenerated on a regular, predetermined time cycle.
(3) Inspect the readings from each
monitoring device required by paragraphs (f)(1) and (2) of this section at
least once each operating day to check control device operation and, if
necessary, immediately implement the corrective measures necessary to ensure
the control device operates in compliance with the requirements of this
section.
(g) An owner or
operator using a carbon adsorption system such as a fixed-bed carbon adsorber
that regenerates the carbon bed directly onsite in the control device shall
replace the existing carbon in the control device with fresh carbon at a
regular, predetermined time interval that is no longer than the carbon service
life established as a requirement of § 264.1035(b)(4)(iii)(F).
(h) An owner or operator using a carbon
adsorption system such as a carbon canister that does not regenerate the carbon
bed directly onsite in the control device shall replace the existing carbon in
the control device with fresh carbon on a regular basis by using one of the
following procedures:
(1) Monitor the
concentration level of the organic compounds in the exhaust vent stream from
the carbon adsorption system on a regular schedule, and replace the existing
carbon with fresh carbon immediately when carbon breakthrough is indicated. The
monitoring frequency shall be daily or at an interval no greater than 20
percent of the time required to consume the total carbon working capacity
established as a requirement of § 264.1035(b)(4)(iii)(G), whichever is
longer.
(2) Replace the existing
carbon with fresh carbon at a regular, predetermined time interval that is less
than the design carbon replacement interval established as a requirement of
§ 264.1035(b)(4)(iii)(G).
(i) An alternative operational or process
parameter may be monitored if it can be demonstrated that another parameter
will ensure that the control device is operated in conformance with these
standards and the control device's design specifications.
(j) An owner or operator of an affected
facility seeking to comply with the provisions of this part by using a control
device other than a thermal vapor incinerator, catalytic vapor incinerator,
flare, boiler, process heater, condenser, or carbon adsorption system is
required to develop documentation including sufficient information to describe
the control device operation and identify the process parameter or parameters
that indicate proper operation and maintenance of the control device.
(k) A closed-vent system shall meet either of
the following design requirements:
(1) A
closed-vent system shall be designed to operate with no detectable emissions,
as indicated by an instrument reading of less than 500 ppmv above background as
determined by the procedure in § 264.1034(b) of this subsection, and by
visual inspections; or
(2) A
closed-vent system shall be designed to operate at a pressure below atmospheric
pressure. The system shall be equipped with at least one pressure gauge or
other pressure measurement device that can be read from a readily accessible
location to verify that negative pressure is being maintained in the
closed-vent system when the control device is operating.
(l) The owner or operator shall monitor and
inspect each closed-vent system required to comply with this section to ensure
proper operation and maintenance of the closed-vent system by implementing the
following requirements:
(1) Each closed-vent
system that is used to comply with paragraph (k)(1) of this section shall be
inspected and monitored in accordance with the following requirements:
(i) An initial leak detection monitoring of
the closed-vent system shall be conducted by the owner or operator on or before
the date that the system becomes subject to this section. The owner or operator
shall monitor the closed-vent system components and connections using the
procedures specified in § 264.1034(b) of this subsection to demonstrate
that the closed-vent system operates with no detectable emissions, as indicated
by an instrument reading of less than 500 ppmv above background.
(ii) After initial leak detection monitoring
required in paragraph (l)(1)(i) of this section, the owner or operator shall
inspect and monitor the closed-vent system as follows:
(A) Closed-vent system joints, seams, or
other connections that are permanently or semi-permanently sealed (e.g., a
welded joint between two sections of hard piping or a bolted and gasketed
ducting flange) shall be visually inspected at least once per year to check for
defects that could result in air pollutant emissions. The owner or operator
shall monitor a component or connection using the procedures specified in
§ 264.1034(b) of this subsection to demonstrate that it operates with no
detectable emissions following any time the component is repaired or replaced
(e.g., a section of damaged hard piping is replaced with new hard piping) or
the connection is unsealed (e.g., a flange is unbolted).
(B) Closed-vent system components or
connections other than those specified in paragraph (l)(1)(ii)(A) of this
section shall be monitored annually and at other times as requested by the
Director, except as provided for in paragraph (o) of this section, using the
procedures specified in § 264.1034(b) of this subsection to demonstrate
that the components or connections operate with no detectable
emissions.
(iii) In the
event that a defect or leak is detected, the owner or operator shall repair the
defect or leak in accordance with the requirements of paragraph (l)(3) of this
section.
(iv) The owner or operator
shall maintain a record of the inspection and monitoring in accordance with the
requirements specified in § 264.1035 of this subsection.
(2) Each closed-vent system that
is used to comply with paragraph (k)(2) of this section shall be inspected and
monitored in accordance with the following requirements:
(i) The closed-vent system shall be visually
inspected by the owner or operator to check for defects that could result in
air pollutant emissions. Defects include, but are not limited to, visible
cracks, holes, or gaps in ductwork or piping or loose connections.
(ii) The owner or operator shall perform an
initial inspection of the closed-vent system on or before the date that the
system becomes subject to this section. Thereafter, the owner or operator shall
perform the inspections at least once every year.
(iii) In the event that a defect or leak is
detected, the owner or operator shall repair the defect in accordance with the
requirements of paragraph (l)(3) of this section.
(iv) The owner or operator shall maintain a
record of the inspection and monitoring in accordance with the requirements
specified in § 264.1035 of this subsection.
(3) The owner or operator shall repair all
detected defects as follows:
(i) Detectable
emissions, as indicated by visual inspection, or by an instrument reading
greater than 500 ppmv above background, shall be controlled as soon as
practicable, but not later than 15 calendar days after the emission is
detected, except as provided for in paragraph (l)(3)(iii) of this
section.
(ii) A first attempt at
repair shall be made no later than 5 calendar days after the emission is
detected.
(iii) Delay of repair of
a closed-vent system for which leaks have been detected is allowed if the
repair is technically infeasible without a process unit shutdown, or if the
owner or operator determines that emissions resulting from immediate repair
would be greater than the fugitive emissions likely to result from delay of
repair. Repair of such equipment shall be completed by the end of the next
process unit shutdown.
(iv) The
owner or operator shall maintain a record of the defect repair in accordance
with the requirements specified in § 264.1035 of this
subsection.
(m)
Closed-vent systems and control devices used to comply with provisions of this
subsection shall be operated at all times when emissions may be vented to
them.
(n) The owner or operator
using a carbon adsorption system to control air pollutant emissions shall
document that all carbon that is a hazardous waste and that is removed from the
control device is managed in one of the following manners, regardless of the
average volatile organic concentration of the carbon:
(1) Regenerated or reactivated in a thermal
treatment unit that meets one of the following:
(i) The owner or operator of the unit has
been issued a final permit under § 270 which implements the requirements
of subsection X of this section; or
(ii) The unit is equipped with and operating
air emission controls in accordance with the applicable requirements of
subsections AA and CC of either this section or of § 265; or
(iii) The unit is equipped with and operating
air emission controls in accordance with a national emission standard for
hazardous air pollutants under 40 CFR part 61 or 40 CFR part 63.
(2) Incinerated in a hazardous
waste incinerator for which the owner or operator either:
(i) Has been issued a final permit under
§ 270 which implements the requirements of subsection O of this section;
or
(ii) Has designed and operates
the incinerator in accordance with the interim status requirements of §
265, subsection O.
(3)
Burned in a boiler or industrial furnace for which the owner or operator
either:
(i) Has been issued a final permit
under § 270 which implements the requirements of § 266, subsection H;
or
(ii) Has designed and operates
the boiler or industrial furnace in accordance with the interim status
requirements of § 266, subsection H.
(o) Any components of a closed-vent system
that are designated, as described in § 264.1035(c)(9) of this subsection,
as unsafe to monitor are exempt from the requirements of paragraph
(l)(1)(ii)(B) of this section if:
(1) The
owner or operator of the closed-vent system determines that the components of
the closed-vent system are unsafe to monitor because monitoring personnel would
be exposed to an immediate danger as a consequence of complying with paragraph
(l)(1)(ii)(B) of this section; and
(2) The owner or operator of the closed-vent
system adheres to a written plan that requires monitoring the closed-vent
system components using the procedure specified in paragraph (l)(1)(ii)(B) of
this section as frequently as practicable during safe-to-monitor times.
§
264.1034
Test methods and procedures
(a) Each owner or operator subject to the
provisions of this Subsection shall comply with the test methods and procedures
requirements provided in this section.
(b) When a closed-vent system is tested for
compliance with no detectable emissions, as required in § 264.1033(1) of
this subsection, the test shall comply with the following requirements:
(1) Monitoring shall comply with Reference
Method 21 in 40 CFR part 60.
(2)
The detection instrument shall meet the performance criteria of Reference
Method 21.
(3) The instrument shall
be calibrated before use on each day of its use by the procedures specified in
Reference Method 21.
(4)
Calibration gases shall be:
(i) Zero air (less
than 10 ppm of hydrocarbon in air).
(ii) A mixture of methane or n-hexane and air
at a concentration of approximately, but less than, 10,000 ppm methane or
n-hexane.
(5) The
background level shall be determined as set forth in Reference Method
21.
(6) The instrument probe shall
be traversed around all potential leak interfaces as close to the interface as
possible as described in Reference Method 21.
(7) The arithmetic difference between the
maximum concentration indicated by the instrument and the background level is
compared with 500 ppm for determining compliance.
(c) Performance tests to determine compliance
with § 264.1032(a) and with the total organic compound concentration limit
of § 264.1033(c) shall comply with the following:
(1) Performance tests to determine total
organic compound concentrations and mass flow rates entering and exiting
control devices shall be conducted and data reduced in accordance with the
following reference methods and calculation procedures:
(i) Method 2 in 40 CFR part 60 for velocity
and volumetric flow rate.
(ii)
Method 18 or Method 25 A in 40 CFR part 60 for organic content. If Method 25 A
is used, the organic HAP used as the calibration gas must be the single organic
HAP representing the largest percent by volume of the emissions. The use of
Method 25 A is acceptable if the response from the high-level calibration gas
is at least 20 times the standard deviation of the response from the zero
calibration gas when the instrument is zeroed on the most sensitive
scale.
(iii) Each performance test
shall consist of three separate runs; each run conducted for at least 1 hour
under the conditions that exist when the hazardous waste management unit is
operating at the highest load or capacity level reasonably expected to occur.
For the purpose of determining total organic compound concentrations and mass
flow rates, the average of results of all runs shall apply. The average shall
be computed on a time-weighted basis.
(iv) Total organic mass flow rates shall be
determined by the following equation:
(A) For
sources using Method 18:
where:
Eh=Total organic mass flow rate, kg/h;
Qsd=Volumetric flow rate of gases entering or exiting control device, as determined by Method 2, dscm/h;
n=Number of organic compounds in the vent gas;
Ci=Organic concentration in ppm, dry basis, of compound i in the vent gas, as determined by Method 18;
MWi=Molecular weight of organic compound i in the vent gas, kg/kg-mol;
0. 0416=Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760 mm Hg);
10-6=Conversion from ppm, ppm-1.
(B) For sources utilizing Method 25A.
Where:
Eh = Total organic mass flow rate, kg/h;
Q = Volumetric flow rate of gases entering or exiting control device,as determined by Method 2, dscm/h;
C = Organic concentration in ppm, dry basis, as determined by Method 25A;
MW = Molecular weight of propane, 44;
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760 mm Hg);
10-6 = Conversion from ppm.
(v) The annual total
organic emission rate shall be determined by the following equation:
where:
EA=Total organic mass emission rate, kg/y;
Eh=Total organic mass flow rate for the process vent, kg/h;
H=Total annual hours of operations for the affected unit, h.
(vi) Total organic
emissions from all affected process vents at the facility shall be determined
by summing the hourly total organic mass emission rates
(Eh as determined in paragraph (c)(1)(iv) of this
section) and by summing the annual total organic mass emission rates
(EA, as determined in paragraph (c)(1)(v) of this
section) for all affected process vents at the facility.
(2) The owner or operator shall record such
process information as may be necessary to determine the conditions of the
performance tests. Operations during periods of startup, shutdown, and
malfunction shall not constitute representative conditions for the purpose of a
performance test.
(3) The owner or
operator of an affected facility shall provide, or cause to be provided,
performance testing facilities as follows:
(i) Sampling ports adequate for the test
methods specified in paragraph (c)(1) of this section.
(ii) Safe sampling platform(s).
(iii) Safe access to sampling
platform(s).
(iv) Utilities for
sampling and testing equipment.
(4) For the purpose of making compliance
determinations, the time-weighted average of the results of the three runs
shall apply. In the event that a sample is accidentally lost or conditions
occur in which one of the three runs must be discontinued because of forced
shutdown, failure of an irreplaceable portion of the sample train, extreme
meteorological conditions, or other circumstances beyond the owner or
operator's control, compliance may, upon the Director's approval, be determined
using the average of the results of the two other runs.
(d) To show that a process vent associated
with a hazardous waste distillation, fractionation, thin-film evaporation,
solvent extraction, or air or steam stripping operation is not subject to the
requirements of this Subsection, the owner or operator must make an initial
determination that the time-weighted, annual average total organic
concentration of the waste managed by the waste management unit is less than 10
ppmw using one of the following two methods:
(1) Direct measurement of the organic
concentration of the waste using the following procedures:
(i) The owner or operator must take a minimum
of four grab samples of waste for each waste stream managed in the affected
unit under process conditions expected to cause the maximum waste organic
concentration.
(ii) For waste
generated onsite, the grab samples must be collected at a point before the
waste is exposed to the atmosphere such as in an enclosed pipe or other closed
system that is used to transfer the waste after generation to the first
affected distillation, fractionation, thin-film evaporation, solvent
extraction, or air or steam stripping operation. For waste generated offsite,
the grab samples must be collected at the inlet to the first waste management
unit that receives the waste provided the waste has been transferred to the
facility in a closed system such as a tank truck and the waste is not diluted
or mixed with other waste.
(iii)
Each sample shall be analyzed and the total organic concentration of the sample
shall be computed using Method 9060A (incorporated by reference under §
260.11) of ''Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods,'' EPA Publication SW-846, or analyzed for its individual organic
constituents.
(iv) The arithmetic
mean of the results of the analyses of the four samples shall apply for each
waste stream managed in the unit in determining the time-weighted, annual
average total organic concentration of the waste. The time-weighted average is
to be calculated using the annual quantity of each waste stream processed and
the mean organic concentration of each waste stream managed in the
unit.
(2) Using knowledge
of the waste to determine that its total organic concentration is less than 10
ppmw. Documentation of the waste determination is required. Examples of
documentation that shall be used to support a determination under this
provision include production process information documenting that no organic
compounds are used, information that the waste is generated by a process that
is identical to a process at the same or another facility that has previously
been demonstrated by direct measurement to generate a waste stream having a
total organic content less than 10 ppmw, or prior speciation analysis results
on the same waste stream where it can also be documented that no process
changes have occurred since that analysis that could affect the waste total
organic concentration.
(e) The determination that distillation,
fractionation, thin-film evaporation, solvent extraction, or air or steam
stripping operations manage hazardous wastes with time-weighted, annual average
total organic concentrations less than 10 ppmw shall be made as follows:
(1) By the effective date that the facility
becomes subject to the provisions of this Subsection or by the date when the
waste is first managed in a waste management unit, whichever is later,
and
(2) For continuously generated
waste, annually, or
(3) Whenever
there is a change in the waste being managed or a change in the process that
generates or treats the waste.
(f) When an owner or operator and the
Director do not agree on whether a distillation, fractionation, thin-film
evaporation, solvent extraction, or air or steam stripping operation manages a
hazardous waste with organic concentrations of at least 10 ppmw based on
knowledge of the waste, the dispute may be resolved by using direct measurement
as specified at paragraph (d)(1) of this section.
§ 264.1035
Recordkeeping
requirements
(a)
(1) Each owner or operator subject to the
provisions of this Subsection shall comply with the recordkeeping requirements
of this section.
(2) An owner or
operator of more than one hazardous waste management unit subject to the
provisions of this Subsection may comply with the recordkeeping requirements
for these hazardous waste management units in one recordkeeping system if the
system identifies each record by each hazardous waste management
unit.
(b) Owners and
operators must record the following information in the facility operating
record:
(1) For facilities that comply with
the provisions of § 264.1033(a)(2), an implementation schedule that
includes dates by which the closed-vent system and control device will be
installed and in operation. The schedule must also include a rationale of why
the installation cannot be completed at an earlier date. The implementation
schedule must be in the facility operating record by the effective date that
the facility becomes subject to the provisions of this Subsection.
(2) Up-to-date documentation of compliance
with the process vent standards in § 264.1032, including:
(i) Information and data identifying all
affected process vents, annual throughput and operating hours of each affected
unit, estimated emission rates for each affected vent and for the overall
facility (i.e., the total emissions for all affected vents at the facility),
and the approximate location within the facility of each affected unit (e.g.,
identify the hazardous waste management units on a facility plot
plan).
(ii) Information and data
supporting determinations of vent emissions and emission reductions achieved by
add-on control devices based on engineering calculations or source tests. For
the purpose of determining compliance, determinations of vent emissions and
emission reductions must be made using operating parameter values (e.g.,
temperatures, flow rates, or vent stream organic compounds and concentrations)
that represent the conditions that result in maximum organic emissions, such as
when the waste management unit is operating at the highest load or capacity
level reasonably expected to occur. If the owner or operator takes any action
(e.g., managing a waste of different composition or increasing operating hours
of affected waste management units) that would result in an increase in total
organic emissions from affected process vents at the facility, then a new
determination is required.
(3) Where an owner or operator chooses to use
test data to determine the organic removal efficiency or total organic compound
concentration achieved by the control device, a performance test plan. The test
plan must include:
(i) A description of how
it is determined that the planned test is going to be conducted when the
hazardous waste management unit is operating at the highest load or capacity
level reasonably expected to occur. This shall include the estimated or design
flow rate and organic content of each vent stream and define the acceptable
operating ranges of key process and control device parameters during the test
program.
(ii) A detailed
engineering description of the closed-vent system and control device including:
(A) Manufacturer's name and model number of
control device.
(B) Type of control
device.
(C) Dimensions of the
control device.
(D)
Capacity.
(E) Construction
materials.
(iii) A
detailed description of sampling and monitoring procedures, including sampling
and monitoring locations in the system, the equipment to be used, sampling and
monitoring frequency, and planned analytical procedures for sample
analysis.
(4)
Documentation of compliance with § 264.1033 shall include the following
information:
(i) A list of all information
references and sources used in preparing the documentation.
(ii) Records, including the dates, of each
compliance test required by § 264.1033(k).
(iii) If engineering calculations are used, a
design analysis, specifications, drawings, schematics, and piping and
instrumentation diagrams based on the appropriate sections of "APTI Course 415:
Control of Gaseous Emissions" (incorporated by reference as specified in §
260.11) or other engineering texts acceptable to the Director that present
basic control device design information. Documentation provided by the control
device manufacturer or vendor that describes the control device design in
accordance with paragraphs (b)(4)(iii)(A) through (b)(4)(iii)(G) of this
section may be used to comply with this requirement. The design analysis shall
address the vent stream characteristics and control device operation parameters
as specified below.
(A) For a thermal vapor
incinerator, the design analysis shall consider the vent stream composition,
constituent concentrations, and flow rate. The design analysis shall also
establish the design minimum and average temperature in the combustion zone and
the combustion zone residence time.
(B) For a catalytic vapor incinerator, the
design analysis shall consider the vent stream composition, constituent
concentrations, and flow rate. The design analysis shall also establish the
design minimum and average temperatures across the catalyst bed inlet and
outlet.
(C) For a boiler or process
heater, the design analysis shall consider the vent stream composition,
constituent concentrations, and flow rate. The design analysis shall also
establish the design minimum and average flame zone temperatures, combustion
zone residence time, and description of method and location where the vent
stream is introduced into the combustion zone.
(D) For a flare, the design analysis shall
consider the vent stream composition, constituent concentrations, and flow
rate. The design analysis shall also consider the requirements specified in
§ 264.1033(d).
(E) For a
condenser, the design analysis shall consider the vent stream composition,
constituent concentrations, flow rate, relative humidity, and temperature. The
design analysis shall also establish the design outlet organic compound
concentration level, design average temperature of the condenser exhaust vent
stream, and design average temperatures of the coolant fluid at the condenser
inlet and outlet.
(F) For a carbon
adsorption system such as a fixed-bed adsorber that regenerates the carbon bed
directly onsite in the control device, the design analysis shall consider the
vent stream composition, constituent concentrations, flow rate, relative
humidity, and temperature. The design analysis shall also establish the design
exhaust vent stream organic compound concentration level, number and capacity
of carbon beds, type and working capacity of activated carbon used for carbon
beds, design total steam flow over the period of each complete carbon bed
regeneration cycle, duration of the carbon bed steaming and cooling/drying
cycles, design carbon bed temperature after regeneration, design carbon bed
regeneration time, and design service life of carbon.
(G) For a carbon adsorption system such as a
carbon canister that does not regenerate the carbon bed directly onsite in the
control device, the design analysis shall consider the vent stream composition,
constituent concentrations, flow rate, relative humidity, and temperature. The
design analysis shall also establish the design outlet organic concentration
level, capacity of carbon bed, type and working capacity of activated carbon
used for carbon bed, and design carbon replacement interval based on the total
carbon working capacity of the control device and source operating
schedule.
(iv) A
statement signed and dated by the owner or operator certifying that the
operating parameters used in the design analysis reasonably represent the
conditions that exist when the hazardous waste management unit is or would be
operating at the highest load or capacity level reasonably expected to
occur.
(v) A statement signed and
dated by the owner or operator certifying that the control device is designed
to operate at an efficiency of 95 percent or greater unless the total organic
concentration limit of § 264.1032(a) is achieved at an efficiency less
than 95 weight percent or the total organic emission limits of §
264.1032(a) for affected process vents at the facility can be attained by a
control device involving vapor recovery at an efficiency less than 95 weight
percent. A statement provided by the control device manufacturer or vendor
certifying that the control equipment meets the design specifications may be
used to comply with this requirement.
(vi) If performance tests are used to
demonstrate compliance, all test results.
(c) Design documentation and monitoring,
operating, and inspection information for each closed-vent system and control
device required to comply with the provisions of this part shall be recorded
and kept up-to-date in the facility operating record. The information shall
include:
(1) Description and date of each
modification that is made to the closed-vent system or control device
design.
(2) Identification of
operating parameter, description of monitoring device, and diagram of
monitoring sensor location or locations used to comply with § 264.1033
(f)(1) and (f)(2).
(3) Monitoring,
operating, and inspection information required by paragraphs (f) through (k) of
§ 264.1033.
(4) Date, time,
and duration of each period that occurs while the control device is operating
when any monitored parameter exceeds the value established in the control
device design analysis as specified below:
(i) For a thermal vapor incinerator designed
to operate with a minimum residence time of 0.50 second at a minimum
temperature of 760°C, period when the combustion temperature is below
760°C.
(ii) For a thermal vapor
incinerator designed to operate with an organic emission reduction efficiency
of 95 weight percent or greater, period when the combustion zone temperature is
more than 28°C below the design average combustion zone temperature
established as a requirement of paragraph (b)(4)(iii)(A) of this
section.
(iii) For a catalytic
vapor incinerator, period when:
(A)
Temperature of the vent stream at the catalyst bed inlet is more than 28 °C
below the average temperature of the inlet vent stream established as a
requirement of paragraph (b)(4)(iii)(B) of this section, or
(B) Temperature difference across the
catalyst bed is less than 80 percent of the design average temperature
difference established as a requirement of paragraph (b)(4)(iii)(B) of this
section.
(iv) For a
boiler or process heater, period when:
(A)
Flame zone temperature is more than 28 °C below the design average flame
zone temperature established as a requirement of paragraph (b)(4)(iii)(C) of
this section, or
(B) Position
changes where the vent stream is introduced to the combustion zone from the
location established as a requirement of paragraph (b)(4)(iii)(C) of this
section.
(v) For a flare,
period when the pilot flame is not ignited.
(vi) For a condenser that complies with
§ 264.1033(f)(2)(vi)(A), period when the organic compound concentration
level or readings of organic compounds in the exhaust vent stream from the
condenser are more than 20 percent greater than the design outlet organic
compound concentration level established as a requirement of paragraph
(b)(4)(iii)(E) of this section.
(vii) For a condenser that complies with
§ 264.1033(f)(2)(vi)(B), period when:
(A) Temperature of the exhaust vent stream
from the condenser is more than 6 °C above the design average exhaust vent
stream temperature established as a requirement of paragraph (b)(4)(iii)(E) of
this section; or
(B) Temperature of
the coolant fluid exiting the condenser is more than 6 °C above the design
average coolant fluid temperature at the condenser outlet established as a
requirement of paragraph (b)(4)(iii)(E) of this section.
(viii) For a carbon adsorption system such as
a fixed-bed carbon adsorber that regenerates the carbon bed directly onsite in
the control device and complies with § 264.1033(f)(2) (vii)(A), period
when the organic compound concentration level or readings of organic compounds
in the exhaust vent stream from the carbon bed are more than 20 percent greater
than the design exhaust vent stream organic compound concentration level
established as a requirement of paragraph (b)(4)(iii)(F) of this
section.
(ix) For a carbon
adsorption system such as a fixed-bed carbon adsorber that regenerates the
carbon bed directly onsite in the control device and complies with §
264.1033(f)(2) (vii)(B), period when the vent stream continues to flow through
the control device beyond the predetermined carbon bed regeneration time
established as a requirement of paragraph (b)(4)(iii)(F) of this
section.
(5) Explanation
for each period recorded under paragraph (4) of the cause for control device
operating parameter exceeding the design value and the measures implemented to
correct the control device operation.
(6) For a carbon adsorption system operated
subject to requirements specified in § 264.1033(g) or §
264.1033(h)(2), date when existing carbon in the control device is replaced
with fresh carbon.
(7) For a carbon
adsorption system operated subject to requirements specified in §
264.1033(h)(1), a log that records:
(i) Date
and time when control device is monitored for carbon breakthrough and the
monitoring device reading.
(ii)
Date when existing carbon in the control device is replaced with fresh
carbon.
(8) Date of each
control device startup and shutdown.
(9) An owner or operator designating any
components of a closed-vent system as unsafe to monitor pursuant to §
264.1033(o) of this subsection shall record in a log that is kept in the
facility operating record the identification of closed-vent system components
that are designated as unsafe to monitor in accordance with the requirements of
§ 264.1033(o) of this subsection, an explanation for each closed-vent
system component stating why the closed-vent system component is unsafe to
monitor, and the plan for monitoring each closed-vent system
component.
(10) When each leak is
detected as specified in § 264.1033(l) of this subsection, the following
information shall be recorded:
(i) The
instrument identification number, the closed-vent system component
identification number, and the operator name, initials, or identification
number.
(ii) The date the leak was
detected and the date of first attempt to repair the leak.
(iii) The date of successful repair of the
leak.
(iv) Maximum instrument
reading measured by Method 21 of 40 CFR part 60, Appendix A after it is
successfully repaired or determined to be nonrepairable.
(v) "Repair delayed" and the reason for the
delay if a leak is not repaired within 15 calendar days after discovery of the
leak.
(A) The owner or operator may develop a
written procedure that identifies the conditions that justify a delay of
repair. In such cases, reasons for delay of repair may be documented by citing
the relevant sections of the written procedure.
(B) If delay of repair was caused by
depletion of stocked parts, there must be documentation that the spare parts
were sufficiently stocked on-site before depletion and the reason for
depletion.
(d) Records of the monitoring, operating, and
inspection information required by paragraphs (c)(3) through (c)(10) of this
section shall be maintained by the owner or operator for at least 3 years
following the date of each occurrence, measurement, maintenance, corrective
action, or record.
(e) For a
control device other than a thermal vapor incinerator, catalytic vapor
incinerator, flare, boiler, process heater, condenser, or carbon adsorption
system, the Director will specify the appropriate recordkeeping
requirements.
(f) Up-to-date
information and data used to determine whether or not a process vent is subject
to the requirements in § 264.1032 including supporting documentation as
required by § 264.1034(d)(2) when application of the knowledge of the
nature of the hazardous waste stream or the process by which it was produced is
used, shall be recorded in a log that is kept in the facility operating
record.
§ 264.1036
Reporting requirements
(a) A
semiannual report shall be submitted by owners and operators subject to the
requirements of this Subsection to the Director by dates specified by the
Director. The report shall include the following information:
(1) The EPA identification number, name, and
address of the facility.
(2) For
each month during the semiannual reporting period, dates when the control
device exceeded or operated outside of the design specifications as defined in
§ 264.1035(c)(4) and as indicated by the control device monitoring
required by § 264.1033(f) and such exceedances were not corrected within
24 hours, or that a flare operated with visible emissions as defined in §
264.1033(d) and as determined by Method 22 monitoring, the duration and cause
of each exceedance or visible emissions, and any corrective measures
taken.
(b) If, during the
semiannual reporting period, the control device does not exceed or operate
outside of the design specifications as defined in § 264.1035(c)(4) for
more than 24 hours or a flare does not operate with visible emissions as
defined in § 264.1033(d), a report to the Director is not required.
§§ 264.1037 -
264.1049
[Reserved]
Subsection BB
-- Air Emissions
Standards for Equipment Leaks
§
264.1050
Applicability
(a) The rules in this Subsection apply to
owners and operators of facilities that treat, store, or dispose of hazardous
wastes (except as provided in § 264.1).
(b) Except as provided in § 264.1064(k),
this Subsection applies to equipment that contains or contacts hazardous wastes
with organic concentrations of at least 10 percent by weight that are managed
in one of the following:
(1) A unit that is
subject to the permitting requirements of § 270, or
(2) A unit (including a hazardous waste
recycling unit) that is not exempt from permitting under the provisions of
§ 262.17 (i.e., a hazardous waste recycling unit that is not a "90-day"
tank or container) and that is located at a hazardous waste management facility
otherwise subject to the permitting requirements of § 270, or
(3) A unit that is exempt from permitting
under the provisions of § 262.17(i.e., a "90-day" tank or container) and
is not a recycling unit under the provisions of § 261.6.
(c) For the owner or operator of a
facility subject to this subsection and who received a final permit under RCRA
section 3005 prior to December 6, 1996, the requirements of this subsection
shall be incorporated into the permit when the permit is reissued in accordance
with the requirements of
40 CFR
124.15 or reviewed in accordance with the
requirements of § 270.50(d). Until such date when the owner or operator
receives a final permit incorporating the requirements of this subsection, the
owner or operator is subject to the requirements of § 265, subsection
BB.
(d) Each piece of equipment to
which this Subsection applies shall be marked in such a manner that it can be
distinguished readily from other pieces of equipment.
(e) Equipment that is in vacuum service is
excluded from the requirements of § 264.1052 to § 264.1060 if it is
identified as required in § 264.1064(g)(5).
[Note: The requirements of §§ 264.1052 through 264.1065 apply to equipment associated with hazardous waste recycling units previously exempt under § 261.6(c)(1). Other exemptions under §§ 261.4 and 264.1(g) are not affected by these requirements.]
(f) Equipment that contains or contacts
hazardous waste with an organic concentration of at least 10 percent by weight
for less than 300 hours per calendar year is excluded from the requirements of
§§ 264.1052 through 264.1060 of this subsection if it is identified
as required in § 264.1064(g)(6) of this subsection.
(g)
Reserved.
(h) Purged coatings and solvents from surface
coating operations subject to the national emission standards for hazardous air
pollutants (NESHAP) for the surface coating of automobiles and light-duty
trucks at 40 CFR part 63, subpart IIII, are not subject to the requirements of
this subsection.
§
264.1051
Definitions
As used in this Subsection, all terms shall have the meaning given in § 264.1031, RCRA, the Act, and §§ 260-263 of this rule.
§ 264.1052
Standards: Pumps in light liquid service
(a)
(1)
Each pump in light liquid service shall be monitored monthly to detect leaks by
the methods specified in § 264.1063(b), except as provided in paragraphs
(d), (e), and (f) of this section.
(2) Each pump in light liquid service shall
be checked by visual inspection each calendar week for indications of liquids
dripping from the pump seal.
(b)
(1) If
an instrument reading of 10,000 ppm or greater is measured, a leak is
detected.
(2) If there are
indications of liquids dripping from the pump seal, a leak is
detected.
(c)
(1) When a leak is detected, it shall be
repaired as soon as practicable, but not later than 15 calendar days after it
is detected, except as provided in § 264.1059.
(2) A first attempt at repair (e.g.,
tightening the packing gland) shall be made no later than 5 calendar days after
each leak is detected.
(d) Each pump equipped with a dual mechanical
seal system that includes a barrier fluid system is exempt from the
requirements of paragraph (a) of this section, provided the following
requirements are met:
(1) Each dual
mechanical seal system must be:
(i) Operated
with the barrier fluid at a pressure that is at all times greater than the pump
stuffing box pressure, or
(ii)
Equipped with a barrier fluid degassing reservoir that is connected by a
closed-vent system to a control device that complies with the requirements of
§ 264.1060, or
(iii) Equipped
with a system that purges the barrier fluid into a hazardous waste stream with
no detectable emissions to the atmosphere.
(2) The barrier fluid system must not be a
hazardous waste with organic concentrations 10 percent or greater by
weight.
(3) Each barrier fluid
system must be equipped with a sensor that will detect failure of the seal
system, the barrier fluid system, or both.
(4) Each pump must be checked by visual
inspection, each calendar week, for indications of liquids dripping from the
pump seals.
(5)
(i) Each sensor as described in paragraph
(d)(3) of this section must be checked daily or be equipped with an audible
alarm that must be checked monthly to ensure that it is functioning
properly.
(ii) The owner or
operator must determine, based on design considerations and operating
experience, a criterion that indicates failure of the seal system, the barrier
fluid system, or both.
(6)
(i) If
there are indications of liquids dripping from the pump seal or the sensor
indicates failure of the seal system, the barrier fluid system, or both based
on the criterion determined in paragraph (d)(5)(ii) of this section, a leak is
detected.
(ii) When a leak is
detected, it shall be repaired as soon as practicable, but not later than 15
calendar days after it is detected, except as provided in §
264.1059.
(iii) A first attempt at
repair (e.g., relapping the seal) shall be made no later than 5 calendar days
after each leak is detected.
(e) Any pump that is designated, as described
in § 264.1064(g)(2), for no detectable emissions, as indicated by an
instrument reading of less than 500 ppm above background, is exempt from the
requirements of paragraphs (a), (c), and (d) of this section if the pump meets
the following requirements:
(1) Must have no
externally actuated shaft penetrating the pump housing.
(2) Must operate with no detectable emissions
as indicated by an instrument reading of less than 500 ppm above background as
measured by the methods specified in § 264.1063(c).
(3) Must be tested for compliance with
paragraph (e)(2) of this section initially upon designation, annually, and at
other times as requested by the Director.
(f) If any pump is equipped with a
closed-vent system capable of capturing and transporting any leakage from the
seal or seals to a control device that complies with the requirements of §
264.1060, it is exempt from the requirements of paragraphs (a) through (e) of
this section.
§
264.1053
Standards: Compressors
(a) Each compressor shall be equipped with a
seal system that includes a barrier fluid system and that prevents leakage of
total organic emissions to the atmosphere, except as provided in paragraphs (h)
and (i) of this section.
(b) Each
compressor seal system as required in paragraph (a) of this section shall be:
(1) Operated with the barrier fluid at a
pressure that is at all times greater than the compressor stuffing box
pressure, or
(2) Equipped with a
barrier fluid system that is connected by a closed-vent system to a control
device that complies with the requirements of § 264.1060, or
(3) Equipped with a system that purges the
barrier fluid into a hazardous waste stream with no detectable emissions to
atmosphere.
(c) The
barrier fluid must not be a hazardous waste with organic concentrations 10
percent or greater by weight.
(d)
Each barrier fluid system as described in paragraphs (a) through (c) of this
section shall be equipped with a sensor that will detect failure of the seal
system, barrier fluid system, or both.
(e)
(1)
Each sensor as required in paragraph (d) of this section shall be checked daily
or shall be equipped with an audible alarm that must be checked monthly to
ensure that it is functioning properly unless the compressor is located within
the boundary of an unmanned plant site, in which case the sensor must be
checked daily.
(2) The owner or
operator shall determine, based on design considerations and operating
experience, a criterion that indicates failure of the seal system, the barrier
fluid system, or both.
(f) If the sensor indicates failure of the
seal system, the barrier fluid system, or both based on the criterion
determined under paragraph (e)(2) of this section, a leak is
detected.
(g)
(1) When a leak is detected, it shall be
repaired as soon as practicable, but not later than 15 calendar days after it
is detected, except as provided in § 264.1059.
(2) A first attempt at repair (e.g.,
tightening the packing gland) shall be made no later than 5 calendar days after
each leak is detected.
(h) A compressor is exempt from the
requirements of paragraphs (a) and (b) of this section if it is equipped with a
closed-vent system capable of capturing and transporting any leakage from the
seal to a control device that complies with the requirements of §
264.1060, except as provided in paragraph (i) of this section.
(i) Any compressor that is designated, as
described in § 264.1064(g)(2), for no detectable emissions as indicated by
an instrument reading of less than 500 ppm above background is exempt from the
requirements of paragraphs (a) through (h) of this section if the compressor:
(1) Is determined to be operating with no
detectable emissions, as indicated by an instrument reading of less than 500
ppm above background, as measured by the method specified in §
264.1063(c).
(2) Is tested for
compliance with paragraph (i)(1) of this section initially upon designation,
annually, and at other times as requested by the Director.
§ 264.1054
Standards:
Pressure relief devices in gas/vapor service
(a) Except during pressure releases, each
pressure relief device in gas/vapor service shall be operated with no
detectable emissions, as indicated by an instrument reading of less than 500
ppm above background, as measured by the method specified in §
264.1063(c).
(b)
(1) After each pressure release, the pressure
relief device shall be returned to a condition of no detectable emissions, as
indicated by an instrument reading of less than 500 ppm above background, as
soon as practicable, but no later than 5 calendar days after each pressure
release, except as provided in § 264.1059.
(2) No later than 5 calendar days after the
pressure release, the pressure relief device shall be monitored to confirm the
condition of no detectable emissions, as indicated by an instrument reading of
less than 500 ppm above background, as measured by the method specified in
§ 264.1063(c).
(c)
Any pressure relief device that is equipped with a closed-vent system capable
of capturing and transporting leakage from the pressure relief device to a
control device as described in § 264.1060 is exempt from the requirements
of paragraphs (a) and (b) of this section.
§ 264.1055
Standards: Sample
connecting systems
(a) Each sampling
connection system shall be equipped with a closed purge system or closed-vent
system. This system shall collect the sample purge for return to the process or
for routing to the appropriate treatment system. Gases displaced during filling
of the sample container are not required to be collected or captured.
(b) Each closed-purge, closed-loop, or
closed-vent system as required in paragraph (a) of this section shall meet one
of the following requirements:
(1) Return the
purged process fluid directly to the process line;
(2) Collect and recycle the purged process
fluid; or
(3) Be designed and
operated to capture and transport all the purged process fluid to a waste
management unit that complies with the applicable requirements of §
264.1084 through § 264.1086 of this section or a control device that
complies with the requirements of § 264.1060 of this section.
(c) In-situ sampling systems and
sampling systems without purges are exempt from the requirements of paragraphs
(a) and (b) of this section.
§
264.1056
Standards: Open-ended valves or lines
(a)
(1)
Each open-ended valve or line shall be equipped with a cap, blind flange, plug,
or a second valve.
(2) The cap,
blind flange, plug, or second valve shall seal the open end at all times except
during operations requiring hazardous waste stream flow through the open-ended
valve or line.
(b) Each
open-ended valve or line equipped with a second valve shall be operated in a
manner such that the valve on the hazardous waste stream end is closed before
the second valve is closed.
(c)
When a double block and bleed system is being used, the bleed valve or line may
remain open during operations that require venting the line between the block
valves but shall comply with paragraph (a) of this section at all other
times.
§ 264.1057
Standards: Valves in gas/vapor service or light liquid service
(a) Each valve in gas/vapor or light liquid
service shall be monitored monthly to detect leaks by the methods specified in
§ 264.1063(b) and shall comply with paragraphs (b) through (e) of this
section, except as provided in paragraphs (f), (g), and (h) of this section,
and §§ 264.1061 and 264.1062.
(b) If an instrument reading of 10,000 ppm or
greater is measured, a leak is detected.
(c)
(1) Any
valve for which a leak is not detected for two successive months may be
monitored the first month of every succeeding quarter, beginning with the next
quarter, until a leak is detected.
(2) If a leak is detected, the valve shall be
monitored monthly until a leak is not detected for two successive
months,
(d)
(1) When a leak is detected, it shall be
repaired as soon as practicable, but no later than 15 calendar days after the
leak is detected, except as provided in § 264.1059.
(2) A first attempt at repair shall be made
no later than 5 calendar days after each leak is detected.
(e) First attempts at repair include, but are
not limited to, the following best practices where practicable:
(1) Tightening of bonnet bolts.
(2) Replacement of bonnet bolts.
(3) Tightening of packing gland
nuts.
(4) Injection of lubricant
into lubricated packing.
(f) Any valve that is designated, as
described in § 264.1064(g)(2), for no detectable emissions, as indicated
by an instrument reading of less than 500 ppm above background, is exempt from
the requirements of paragraph (a) of this section if the valve:
(1) Has no external actuating mechanism in
contact with the hazardous waste stream.
(2) Is operated with emissions less than 500
ppm above background as determined by the method specified in §
264.1063(c).
(3) Is tested for
compliance with paragraph (f)(2) of this section initially upon designation,
annually, and at other times as requested by the Director.
(g) Any valve that is designated, as
described in § 264.1064(h)(1), as an unsafe-to-monitor valve is exempt
from the requirements of paragraph (a) of this section if:
(1) The owner or operator of the valve
determines that the valve is unsafe to monitor because monitoring personnel
would be exposed to an immediate danger as a consequence of complying with
paragraph (a) of this section.
(2)
The owner or operator of the valve adheres to a written plan that requires
monitoring of the valve as frequently as practicable during safe-to-monitor
times.
(h) Any valve that
is designated, as described in § 264.1064(h)(2), as a difficult-to-monitor
valve is exempt from the requirements of paragraph (a) of this section if:
(1) The owner or operator of the valve
determines that the valve cannot be monitored without elevating the monitoring
personnel more than 2 meters above a support surface.
(2) The hazardous waste management unit
within which the valve is located was in operation before June 21,
1990.
(3) The owner or operator of
the valve follows a written plan that requires monitoring of the valve at least
once per calendar year.
§ 264.1058
Standards: Pumps and
valves in heavy liquid service, pressure relief devices in light liquid or
heavy liquid service, and flanges and other connectors
(a) Pumps and valves in heavy liquid service,
pressure relief devices in light liquid or heavy liquid service, and flanges
and other connectors shall be monitored within 5 days by the method specified
in § 264.1063(b) if evidence of a potential leak is found by visual,
audible, olfactory, or any other detection method.
(b) If an instrument reading of 10,000 ppm or
greater is measured, a leak is detected.
(c)
(1)
When a leak is detected, it shall be repaired as soon as practicable, but not
later than 15 calendar days after it is detected, except as provided in §
264.1059.
(2) The first attempt at
repair shall be made no later than 5 calendar days after each leak is
detected.
(d) First
attempts at repair include, but are not limited to, the best practices
described under § 264.1057(e).
(e) Any connector that is inaccessible or is
ceramic or ceramic-lined (e.g., porcelain, glass, or glass-lined) is exempt
from the monitoring requirements of paragraph (a) of this section and from the
record-keeping requirements of § 264.1064 of this section.
§ 264.1059
Standards:
Delay of repair
(a) Delay of repair of
equipment for which leaks have been detected will be allowed if the repair is
technically infeasible without a hazardous waste management unit shutdown. In
such a case, repair of this equipment shall occur before the end of the next
hazardous waste management unit shutdown.
(b) Delay of repair of equipment for which
leaks have been detected will be allowed for equipment that is isolated from
the hazardous waste management unit and that does not continue to contain or
contact hazardous waste with organic concentrations at least 10 percent by
weight.
(c) Delay of repair for
valves will be allowed if:
(1) The owner or
operator determines that emissions of purged material resulting from immediate
repair are greater than the emissions likely to result from delay of
repair.
(2) When repair procedures
are effected, the purged material is collected and destroyed or recovered in a
control device complying with § 264.1060.
(d) Delay of repair for pumps will be allowed
if:
(1) Repair requires the use of a dual
mechanical seal system that includes a barrier fluid system.
(2) Repair is completed as soon as
practicable, but not later than 6 months after the leak was detected.
(e) Delay of repair beyond a
hazardous waste management unit shutdown will be allowed for a valve if valve
assembly replacement is necessary during the hazardous waste management unit
shutdown, valve assembly supplies have been depleted, and valve assembly
supplies had been sufficiently stocked before the supplies were depleted. Delay
of repair beyond the next hazardous waste management unit shutdown will not be
allowed unless the next hazardous waste management unit shutdown occurs sooner
than 6 months after the first hazardous waste management unit
shutdown.
§ 264.1060
Standards: Closed-vent systems and control devices
(a) Owners and operators of closed-vent
systems and control devices subject to this subsection shall comply with the
provisions of § 264.1033 of this section.
(b)
(1) The
owner or operator of an existing facility who cannot install a closed-vent
system and control device to comply with the provisions of this subsection on
the effective date that the facility becomes subject to the provisions of this
subsection must prepare an implementation schedule that includes dates by which
the closed-vent system and control device will be installed and in operation.
The controls must be installed as soon as possible, but the implementation
schedule may allow up to 30 months after the effective date that the facility
becomes subject to this subsection for installation and startup.
(2) Any unit that begins operation after
December 21, 1990, and is subject to the provisions of this subsection when
operation begins, must comply with the rules immediately (i.e., must have
control devices installed and operating on startup of the affected unit); the
30-month implementation schedule does not apply.
(3) The owner or operator of any facility in
existence on the effective date of a statutory or EPA regulatory amendment that
renders the facility subject to this subsection shall comply with all
requirements of this subpart as soon as practicable but no later than 30 months
after the amendment's effective date. When control equipment required by this
subsection can not be installed and begin operation by the effective date of
the amendment, the facility owner or operator shall prepare an implementation
schedule that includes the following information: Specific calendar dates for
award or contracts or issuance of purchase orders for the control equipment,
initiation of on-site installation of the control equipment, completion of the
control equipment installation, and performance of any testing to demonstrate
that the installed equipment meets the applicable standards of this subsection.
The owner or operator shall enter the implementation schedule in the operating
record or in a permanent, readily available file located at the
facility.
(4) Owners and operators
of facilities and units that become newly subject to the requirements of this
subsection after December 8, 1997, due to an action other than those described
in paragraph (b)(3) of this section must comply with all applicable
requirements immediately (i.e., must have control devices installed and
operating on the date the facility or unit becomes subject to this subsection;
the 30-month implementation schedule does not apply).
§ 264.1061
Alternative
standards for valves in gas/vapor service or in light liquid service:
percentage of valves allowed to leak
(a) An owner or operator subject to the
requirements of § 264.1057 may elect to have all valves within a hazardous
waste management unit comply with an alternative standard that allows no
greater than 2 percent of the valves to leak.
(b) The following requirements shall be met
if an owner or operator decides to comply with the alternative standard of
allowing 2 percent of valves to leak:
(1) A
performance test as specified in paragraph (c) of this section shall be
conducted initially upon designation, annually, and at other times requested by
the Director.
(2) If a valve leak
is detected, it shall be repaired in accordance with § 264.1057(d) and
(e).
(c) Performance
tests shall be conducted in the following manner:
(1) All valves subject to the requirements in
§ 264.1057 within the hazardous waste management unit shall be monitored
within 1 week by the methods specified in § 264.1063(b).
(2) If an instrument reading of 10,000 ppm or
greater is measured, a leak is detected.
(3) The leak percentage shall be determined
by dividing the number of valves subject to the requirements in § 264.1057
for which leaks are detected by the total number of valves subject to the
requirements in § 264.1057 within the hazardous waste management
unit.
§
264.1062
Alternative standards for valves in gas/vapor
service or in light liquid service; skip period leak detection and
repair
(a) An owner or operator
subject to the requirements of § 264.1057 may elect for all valves within
a hazardous waste management unit to comply with one of the alternative work
practices specified in paragraphs (b) (2) and (3) of this section.
(b)
(1) An
owner or operator shall comply with the requirements for valves, as described
in § 264.1057, except as described in paragraphs (b)(2) and (b)(3) of this
section.
(2) After two consecutive
quarterly leak detection periods with the percentage of valves leaking equal to
or less than 2 percent, an owner or operator may begin to skip one of the
quarterly leak detection periods (i.e., monitor for leaks once every six
months) for the valves subject to the requirements in § 264.1057 of this
subsection.
(3) After five
consecutive quarterly leak detection periods with the percentage of valves
leaking equal to or less than 2 percent, an owner or operator may begin to skip
three of the quarterly leak detection periods (i.e., monitor for leaks once
every year) for the valves subject to the requirements in § 264.1057 of
this subsection.
(4) If the
percentage of valves leaking is greater than 2 percent, the owner or operator
shall monitor monthly in compliance with the requirements in § 264.1057,
but may again elect to use this section after meeting the requirements of
§ 264.1057(c)(1).
§ 264.1063
Test methods and
procedures
(a) Each owner or operator
subject to the provisions of this Subsection shall comply with the test methods
and procedures requirements provided in this section.
(b) Leak detection monitoring, as required in
§§ 264.1052-11.1062, shall comply with the following requirements:
(1) Monitoring shall comply with Reference
Method 21 in 40 CFR part 60.
(2)
The detection instrument shall meet the performance criteria of Reference
Method 21.
(3) The instrument shall
be calibrated before use on each day of its use by the procedures specified in
Reference Method 21.
(4)
Calibration gases shall be:
(i) Zero air (less
than 10 ppm of hydrocarbon in air).
(ii) A mixture of methane or n-hexane and air
at a concentration of approximately, but less than, 10,000 ppm methane or
n-hexane.
(5) The
instrument probe shall be traversed around all potential leak interfaces as
close to the interface as possible as described in Reference Method
21.
(c) When equipment is
tested for compliance with no detectable emissions. as required in §§
264.1052(e), 264.1053(i), 264.1054, and 264.1057(f), the test shall comply with
the following requirements:
(1) The
requirements of paragraphs (b)(1) through (4) of this section shall
apply.
(2) The background level
shall be determined as set forth in Reference Method 21.
(3) The instrument probe shall be traversed
around all potential leak interfaces as close to the interface as possible as
described in Reference Method 21.
(4) The arithmetic difference between the
maximum concentration indicated by the instrument and the background level is
compared with 500 ppm for determining compliance.
(d) In accordance with the waste analysis
plan required by § 264.13(b), an owner or operator of a facility must
determine, for each piece of equipment, whether the equipment contains or
contacts a hazardous waste with organic concentration that equals or exceeds 10
percent by weight using the following:
(1)
Methods described in ASTM Methods D 2267-88, E 169-87, E 168-88, E 260-85
(incorpor-ated by reference under § 260.11);
(2) Method 9060A (incorporated by reference
under § 260.11) of ''Test Methods for Evaluating Solid Waste,'' EPA
Publication SW-846, for computing total organic concentration of the sample, or
analyzed for its individual organic constituents ; or
(3) Application of the knowledge of the
nature of the hazardous waste stream or the process by which it was produced.
Documentation of a waste determination by knowledge is required. Examples of
documentation that shall be used to support a determination under this
provision include production process information documenting that no organic
compounds are used, information that the waste is generated by a process that
is identical to a process at the same or another facility that has previously
been demonstrated by direct measurement to have a total organic content less
than 10 percent, or prior speciation analysis results on the same waste stream
where it can also be documented that no process changes have occurred since
that analysis that could affect the waste total organic
concentration.
(e) If an
owner or operator determines that a piece of equipment contains or contacts a
hazardous waste with organic concentrations at least 10 percent by weight, the
determination can be revised only after following the procedures in paragraph
(d)(1) or (d)(2) of this section.
(f) When an owner or operator and the
Director do not agree on whether a piece of equipment contains or contacts a
hazardous waste with organic concentrations at least 10 percent by weight, the
procedures in paragraph (d)(1) or (d)(2) of this section can be used to resolve
the dispute.
(g) Samples used in
determining the percent organic content shall be representative of the highest
total organic content hazardous waste that is expected to be contained in or
contact the equipment.
(h) To
determine if pumps or valves are in light liquid service, the vapor pressures
of constituents may be obtained from standard reference texts or may be
determined by ASTM D-2879-86 (incorporated by reference under §
260.11).
(i) Performance tests to
determine if a control device achieves 95 weight percent organic emission
reduction shall comply with the procedures of § 264.1034(c)(1) through
(c)(4).
§ 264.1064
Recordkeeping requirements
(a)
(1) Each owner or operator subject to the
provisions of this Subsection shall comply with the recordkeeping requirements
of this section.
(2) An owner or
operator of more than one hazardous waste management unit subject to the
provisions of this Subsection may comply with the recordkeeping requirements
for these hazardous waste management units in one recordkeeping system if the
system identifies each record by each hazardous waste management
unit.
(b) Owners and
operators must record the following information in the facility operating
record:
(1) For each piece of equipment to
which Subsection BB of Section 264 applies:
(i) Equipment identification number and
hazardous waste management unit identification.
(ii) Approximate locations within the
facility (e.g., identify the hazardous waste management unit on a facility plot
plan).
(iii) Type of equipment
(e.g.. a pump or pipeline valve).
(iv) Percent-by-weight total organics in the
hazardous waste stream at the equipment.
(v) Hazardous waste state at the equipment
(e.g., gas/vapor or liquid).
(vi)
Method of compliance with the standard (e.g., "monthly leak detection and
repair" or "equipped with dual mechanical seals").
(2) For facilities that comply with the
provisions of § 264.1033(a)(2), an implementation schedule as specified in
§ 264.1033(a)(2).
(3) Where an
owner or operator chooses to use test data to demonstrate the organic removal
efficiency or total organic compound concentration achieved by the control
device, a performance test plan as specified in §
264.1035(b)(3).
(4) Documentation
of compliance with § 264.1060, including the detailed design documentation
or performance test results specified in § 264.1035(b)(4).
(c) When each leak is detected as
specified in §§ 264.1052, 264.1053, 264.1057, and 264.1058, the
following requirements apply:
(1) A
weatherproof and readily visible identification, marked with the equipment
identification number, the date evidence of a potential leak was found in
accordance with § 264.1058(a), and the date the leak was detected, shall
be attached to the leaking equipment.
(2) The identification on equipment, except
on a valve, may be removed after it has been repaired.
(3) The identification on a valve may be
removed after it has been monitored for 2 successive months as specified in
§ 264.1057(c) and no leak has been detected during those 2
months.
(d) When each
leak is detected as specified in §§ 264.1052, 264.1053, 264.1057, and
264.1058, the following information shall be recorded in an inspection log and
shall be kept in the facility operating record:
(1) The instrument and operator
identification numbers and the equipment identification number.
(2) The date evidence of a potential leak was
found in accordance with § 264.1058(a).
(3) The date the leak was detected and the
dates of each attempt to repair the leak.
(4) Repair methods applied in each attempt to
repair the leak.
(5) "Above 10,000"
if the maximum instrument reading measured by the methods specified in §
264.1063(b) after each repair attempt is equal to or greater than 10,000
ppm.
(6) "Repair delayed" and the
reason for the delay if a leak is not repaired within 15 calendar days after
discovery of the leak.
(7)
Documentation supporting the delay of repair of a valve in compliance with
§ 264.1059(c).
(8) The
signature of the owner or operator (or designate) whose decision it was that
repair could not be effected without a hazardous waste management unit
shutdown.
(9) The expected date of
successful repair of the leak if a leak is not repaired within 15 calendar
days.
(10) The date of successful
repair of the leak.
(e)
Design documentation and monitoring, operating, and inspection information for
each closed-vent system and control device required to comply with the
provisions of § 264.1060 shall be recorded and kept up-to-date in the
facility operating record as specified in § 264.1035(c). Design
documentation is specified in § 264.1035 (c)(1) and (c)(2) and monitoring,
operating, and inspection information in §
264.1035(c)(3)-(c)(8).
(f) For a
control device other than a thermal vapor incinerator, catalytic vapor
incinerator, flare, boiler, process heater, condenser, or carbon adsorption
system, the Director will specify the appropriate recordkeeping
requirements.
(g) The following
information pertaining to all equipment subject to the requirements in
§§ 264.1052 through 264.1060 shall be recorded in a log that is kept
in the facility operating record:
(1) A list
of identification numbers for equipment (except welded fittings) subject to the
requirements of this Subsection.
(2)
(i) A
list of identification numbers for equipment that the owner or operator elects
to designate for no detectable emissions, as indicated by an instrument reading
of less than 500 ppm above background, under the provisions of §§
264.1052(e), 264.1053(i), and 264.1057(f).
(ii) The designation of this equipment as
subject to the requirements of §§ 264.1052(e), 264.1053(i), or
264.1057(f) shall be signed by the owner or operator.
(3) A list of equipment identification
numbers for pressure relief devices required to comply with §
264.1054(a).
(4)
(i) The dates of each compliance test
required in §§ 264.1052(e), 264.1053(i), 264.1054, and
264.1057(f).
(ii) The background
level measured during each compliance test.
(iii) The maximum instrument reading measured
at the equipment during each compliance test.
(5) A list of identification numbers for
equipment in vacuum service.
(6)
Identification, either by list or location (area or group) of equipment that
contains or contacts hazardous waste with an organic concentration of at least
10 percent by weight for a period of less than 300 hours per calendar
year.
(h) The following
information pertaining to all valves subject to the requirements of §
264.1057 (g) and (h) shall be recorded in a log that is kept in the facility
operating record:
(1) A list of
identification numbers for valves that are designated as unsafe to monitor, an
explanation for each valve stating why the valve is unsafe to monitor, and the
plan for monitoring each valve.
(2)
A list of identification numbers for valves that are designated as difficult to
monitor, an explanation for each valve stating why the valve is difficult to
monitor, and the planned schedule for monitoring each valve.
(i) The following information
shall be recorded in the facility operating record for valves complying with
§ 264.1062:
(1) A schedule of
monitoring.
(2) The percent of
valves found leaking during each monitoring period.
(j) The following information shall be
recorded in a log that is kept in the facility operating record:
(1) Criteria required in §
264.1052(d)(5)(ii) and § 264.1053(e)(2) and an explanation of the design
criteria.
(2) Any changes to these
criteria and the reasons for the changes.
(k) The following information shall be
recorded in a log that is kept in the facility operating record for use in
determining exemptions as provided in the applicability section of this
Subsection and other specific Subsections:
(1)
An analysis determining the design capacity of the hazardous waste management
unit.
(2) A statement listing the
hazardous waste influent to and effluent from each hazardous waste management
unit subject to the requirements in §§ 264.1052 through 264.1060 and
an analysis determining whether these hazardous wastes are heavy
liquids.
(3) An up-to-date analysis
and the supporting information and data used to determine whether or not
equipment is subject to the requirements in §§ 264.1052 through
264.1060. The record shall include supporting documentation as required by
§ 264.1063(d)(3) when application of the knowledge of the nature of the
hazardous waste stream or the process by which it was produced is used. If the
owner or operator takes any action (e.g., changing the process that produced
the waste) that could result in an increase in the total organic content of the
waste contained in or contacted by equipment determined not to be subject to
the requirements in §§ 264.1052 through 264.1060, then a new
determination is required.
(l) Records of the equipment leak information
required by paragraph (d) of this section and the operating information
required by paragraph (e) of this section need be kept only 3 years.
(m) The owner or operator of a facility with
equipment that is subject to this subsection and to regulations at 40 CFR part
60, part 61, or part 63 may elect to determine compliance with this subsection
either by documentation pursuant to § 264.1064 of this subsection, or by
documentation of compliance with the regulations at 40 CFR part 60, part 61, or
part 63 pursuant to the relevant provisions of the regulations at 40 CFR part
60, part 61, or part 63. The documentation of compliance under regulations at
40 CFR part 60, part 61, or part 63 shall be kept with or made readily
available with the facility operating record.
§ 264.1065
Reporting
requirements
(a) A semiannual report
shall be submitted by owners and operators subject to the requirements of this
Subsection to the Director by dates specified by the Director. The report shall
include the following information:
(1) The
Environmental Protection Agency identification number, name, and address of the
facility.
(2) For each month during
the semiannual reporting period:
(i) The
equipment identification number of each valve for which a leak was not repaired
as required in § 264.1057(d).
(ii) The equipment identification number of
each pump for which a leak was not repaired as required in § 264.1052 (c)
and (d)(6).
(iii) The equipment
identification number of each compressor for which a leak was not repaired as
required in § 264.1053(g).
(3) Dates of hazardous waste management unit
shutdowns that occurred within the semiannual reporting period.
(4) For each month during the semiannual
reporting period, dates when the control device installed as required by §
264.1052, 264.1053, 264.1054, or 264.1055 exceeded or operated outside of the
design specifications as defined in § 264.1064(e) and as indicated by the
control device monitoring required by § 264.1060 and was not corrected
within 24 hours, the duration and cause of each exceedance, and any corrective
measures taken.
(b) If,
during the semiannual reporting period, leaks from valves, pumps, and
compressors are repaired as required in §§ 264.1057 (d), 264.1052 (c)
and (d)(6), and 264.1053 (g), respectively, and the control device does not
exceed or operate outside of the design specifications as defined in §
264.1064(e) for more than 24 hours, a report to the Director is not required.
§§ 264.1066 -
264.1079
[Reserved]
Subsection CC
--Air Emission Standards
for Tanks, Surface Impoundments, and Containers
§ 264.1080
Applicability
(a) The requirements of this subsection apply
to owners and operators of all facilities that treat, store, or dispose of
hazardous waste in tanks, surface impoundments, or containers subject to either
subsections I, J, or K of this Section except as § 264.1 and paragraph (b)
of this section provide otherwise.
(b) The requirements of this subsection do
not apply to the following waste management units at the facility:
(1) A waste management unit that holds
hazardous waste placed in the unit before December 6, 1996, and in which no
hazardous waste is added to the unit on or after December 6, 1996.
(2) A container that has a design capacity
less than or equal to 0.1 m3.
(3) A tank in which an owner or operator has
stopped adding hazardous waste and the owner or operator has begun implementing
or completed closure pursuant to an approved closure plan.
(4) A surface impoundment in which an owner
or operator has stopped adding hazardous waste (except to implement an approved
closure plan) and the owner or operator has begun implementing or completed
closure pursuant to an approved closure plan.
(5) A waste management unit that is used
solely for on-site treatment or storage of hazardous waste that is placed in th
eunit as a result of implementing remedial activities required under the
corrective action authorities of RCRA sections 3004(u), 3004(v) or 3008(h),
CERCLA authorities, or similar Federal or State authorities.
(6) A waste management unit that is used
solely for the management of radioactive mixed waste in accordance with all
applicable regulations under the authority of the Atomic Energy Act and the
Nuclear Waste Policy Act.
(7) A
hazardous waste management unit that the owner or operator certifies is
equipped with and operating air emission controls in accordance with the
requirements of an applicable Clean Air Act regulation codified under 40 CFR
section 60, part 61, or part 63. For the purpose of complying with this
paragraph, a tank for which the air emission control includes an enclosure, as
opposed to a cover, must be in compliance with the enclosure and control device
requirements of § 264.1084(i), except as provided in §
264.1082(c)(5).
(8) A tank that has
a process vent as defined in §264.1031.
(c) For the owner and operator of a facility
subject to this subsection who received a final permit under RCRA section 3005
prior to December 6, 1996, the requirements of this subsection shall be
incorporated into the permit when the permit is reissued in accordance with the
requirements of
40 CFR
124.15 or is reviewed in accordance with the
requirements of § 270.50(d) of this rule. Until such date when the permit
is reissued in accordance with the requirements of
40 CFR
124.15 or is reviewed in accordance with the
requirements of § 270.50(d), the owner and operator are subject to the
requirements of Section 265, subsection CC.
(d) The requirements of this subsection,
except for the recordkeeping requirements specified in § 264.1089(i) of
this subsection, are administratively stayed for a tank or a container used for
the management of hazardous waste generated by organic peroxide manufacturing
and its associated laboratory operations when the owner or operator of the unit
meets all of the following conditions:
(1) The
owner or operator identifies that the tank or container receives hazardous
waste generated by an organic peroxide manufacturing process producing more
than one functional family of organic peroxides or multiple organic peroxides
within one functional family, that one or more of these organic peroxides could
potentially undergo self-accelerating thermal decomposition at or below ambient
temperatures, and that organic peroxides are the predominant products
manufactured by the process. For the purpose of meeting the conditions of this
paragraph, "organic peroxide" means an organic compound that contains the
bivalent -O-O- structure and which may be considered to be a structural
derivative of hydrogen peroxide where one or both of the hydrogen atoms has
been replaced by an organic radical.
(2) The owner or operator prepares
document-ation, in accordance with the requirements of § 264.1089(i) of
this subsection, explaining why an undue safety hazard would be created if air
emission controls specified in §§ 264.1084 through 264.1087 of this
subsection are installed and operated on the tanks and containers used at the
facility to manage the hazardous waste generated by the organic peroxide
manufacturing process or processes meeting the conditions of paragraph (d)(1)
of this section.
(3) The owner or
operator notifies the Director in writing that hazardous waste generated by an
organic peroxide manufacturing process or processes meeting the conditions of
paragraph (d)(1) of this section are managed at the facility in tanks or
containers meeting the conditions of paragraph (d)(2) of this section. The
notification shall state the name and address of the facility, and be signed
and dated by an authorized representative of the facility owner or
operator.
§
264.1081
Definitions
As used in this subsection, all terms shall have the meaning given to them in 40 CFR 265.1081, the Act, and Sections 260 through 266 of this rule.
§
264.1082
Standards: General
(a) This section applies to the management of
hazardous waste in tanks, surface impoundments, and containers subject to this
subsection.
(b) The owner or
operator shall control air pollutant emissions from each hazardous waste
management unit in accordance with standards specified in §§ 264.1084
through 264.1087 of this subsection, as applicable to the hazardous waste
management unit, except as provided for in paragraph (c) of this
section.
(c) A tank, surface
impoundment, or container is exempt from standards specified in § 264.1084
through § 264.1087 of this subsection, as applicable, provided that the
waste management unit is one of the following:
(1) A tank, surface impoundment, or container
for which all hazardous waste entering the unit has an average VO concentration
at the point of waste origination of less than 500 parts per million by weight
(ppmw). The average VO concentration shall be determined using the procedures
specified in § 264.1083(a) of this subsection. The owner or operator shall
review and update, as necessary, this determination at least once every 12
months following the date of the initial determination for the hazardous waste
streams entering the unit.
(2) A
tank, surface impoundment, or container for which the organic content of all
the hazardous waste entering the waste management unit has been reduced by an
organic destruction or removal process that achieves any one of the following
conditions:
(i) A process that removes or
destroys the organics contained in the hazardous waste to a level such that the
average VO concentration of the hazardous waste at the point of waste treatment
is less than the exit concentration limit (Ct) established for the process. The
average VO concentration of the hazardous waste at the point of waste treatment
and the exit concentration limit for the process shall be determined using the
procedures specified in § 264.1083(b) of this subsection.
(ii) A process that removes or destroys the
organics contained in the hazardous waste to a level such that the organic
reduction efficiency (R) for the process is equal to or greater than 95
percent, and the average VO concentration of the hazardous waste at the point
of waste treatment is less than 100 ppmw. The organic reduction efficiency for
the process and the average VO concentration of the hazardous waste at the
point of waste treatment shall be determined using the procedures specified in
§ 264.1083(b) of this subsection.
(iii) A process that removes or destroys the
organics contained in the hazardous waste to a level such that the actual
organic mass removal rate (MR) for the process is equal to or greater than the
required organic mass removal rate (RMR) established for the process. The
required organic mass removal rate and the actual organic mass removal rate for
the process shall be determined using the procedures specified in §
264.1083(b) of this subsection.
(iv) A biological process that destroys or
degrades the organics contained in the hazardous waste, such that either of the
following conditions is met:
(A) The organic
reduction efficiency (R) for the process is equal to or greater than 95
percent, and the organic biodegradation efficiency
(Rbio) for the process is equal to or greater than 95
percent. The organic reduction efficiency and the organic biodegradation
efficiency for the process shall be determined using the procedures specified
in § 264.1083(b) of this subsection.
(B) The total actual organic mass
biodegradation rate (MRbio) for all hazardous waste
treated by the process is equal to or greater than the required organic mass
removal rate (RMR). The required organic mass removal rate and the actual
organic mass biodegradation rate for the process shall be determined using the
procedures specified in § 264.1083(b) of this subsection.
(v) A process that removes or
destroys the organics contained in the hazardous waste and meets all of the
following conditions:
(A) From the point of
waste origination through the point where the hazardous waste enters the
treatment process, the hazardous waste is managed continuously in waste
management units which use air emission controls in accordance with the
standards specified in § 264.1084 through § 264.1087 of this
subsection, as applicable to the waste management unit.
(B) From the point of waste origination
through the point where the hazardous waste enters the treatment process, any
transfer of the hazardous waste is accomplished through continuous hard-piping
or other closed system transfer that does not allow exposure of the waste to
the atmosphere. The EPA considers a drain system that meets the requirements of
40 CFR part 63, subpart RR - National Emission Standards for Individual Drain
Systems to be a closed system.
(C)
The average VO concentration of the hazardous waste at the point of waste
treatment is less than the lowest average VO concentration at the point of
waste origination determined for each of the individual waste streams entering
the process or 500 ppmw, whichever value is lower. The average VO concentration
of each individual waste stream at the point of waste origination shall be
determined using the procedures specified in § 264.1083(a) of this
sub-section. The average VO concentration of the hazardous waste at the point
of waste treatment shall be determined using the procedures specified in §
264.1083(b) of this subsection.
(vi) A process that removes or destroys the
organics contained in the hazardous waste to a level such that the organic
reduction efficiency (R) for the process is equal to or greater than 95 percent
and the owner or operator certifies that the average VO concentration at the
point of waste origination for each of the individual waste streams entering
the process is less than 10,000 ppmw. The organic reduction efficiency for the
process and the average VO concentration of the hazardous waste at the point of
waste origination shall be determined using the procedures specified in §
264.1083(b) and § 264.1083(a) of this subsection, respectively.
(vii) A hazardous waste incinerator for which
the owner or operator has either:
(A) Been
issued a final permit under § 270 which implements the requirements of
subsection O of this section; or
(B) Has designed and operates the incinerator
in accordance with the interim status requirements of § 265, subsection
O.
(viii) A boiler or
industrial furnace for which the owner or operator has either:
(A) Been issued a final permit under §
270 which implements the requirements of § 266, subsection H, or
(B) Has designed and operates the boiler or
industrial furnace in accordance with the interim status requirements of §
266, subsection H.
(ix)
For the purpose of determining the performance of an organic destruction or
removal process in accordance with the conditions in each of paragraphs
(c)(2)(i) through (c)(2)(vi) of this section, the owner or operator shall
account for VO concentrations determined to be below the limit of detection of
the analytical method by using the following VO concentration:
(A) If Method 25D in 40 CFR part 60, Appendix
A is used for the analysis, one-half the blank value determined in the method
at section 4.4 of Method 25D in 40 CFR part 60, Appendix A, or a value of 25
ppmw, whichever is less.
(B) If any
other analytical method is used, one-half the sum of the limits of detection
established for each organic constituent in the waste that has a Henry's law
constant value at least 0.1mole-
fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which
can also be expressed as 1.8 x 10-6
atmospheres/gram-mole/m3 ] at 25 degrees
Celsius.
(3) A
tank or surface impoundment used for biological treatment of hazardous waste in
accordance with the requirements of paragraph (c)(2)(iv) of this
section.
(4) A tank, surface
impoundment, or container for which all hazardous waste placed in the unit
either:
(i) Meets the numerical concentration
limits for organic hazardous constituents, applicable to the hazardous waste,
as specified in § 268 - Land Disposal Restrictions under Table "Treatment
Standards for Hazardous Waste" in § 268.40; or
(ii) The organic hazardous constituents in
the waste have been treated by the treatment technology established by the EPA
for the waste in § 268.42(a), or have been removed or destroyed by an
equivalent method of treatment approved by EPA pursuant to §
268.42(b).
(5) A tank
used for bulk feed of hazardous waste to a waste incinerator and all of the
following conditions are met:
(i) The tank is
located inside an enclosure vented to a control device that is designed and
operated in accordance with all applicable requirements specified under 40 CFR
part 61, subpart FF - National Emission Standards for Benzene Waste Operations
for a facility at which the total annual benzene quantity from the facility
waste is equal to or greater than 10 megagrams per year;
(ii) The enclosure and control device serving
the tank were installed and began operation prior to December 6, 1996
and
(iii) The enclosure is designed
and operated in accordance with the criteria for a permanent total enclosure as
specified in "Procedure T - Criteria for and Verifi-cation of a Permanent or
Temporary Total Enclosure" under
40
CFR 52.741, Appendix B. The enclosure may
have permanent or temporary openings to allow worker access; passage of
material into or out of the enclosure by conveyor, vehicles, or other
mechanical or electrical equipment; or to direct air flow into the enclosure.
The owner or operator shall perform the verification procedure for the
enclosure as specified in Section 5.0 to "Procedure T - Criteria for and
Verification of a Permanent or Temporary Total Enclosure" annually.
(d) The Director may at
any time perform or request that the owner or operator perform a waste
determination for a hazardous waste managed in a tank, surface impoundment, or
container exempted from using air emission controls under the provisions of
this section as follows:
(1) The waste
determination for average VO concentration of a hazardous waste at the point of
waste origination shall be performed using direct measurement in accordance
with the applicable requirements of § 264.1083(a) of this subsection. The
waste determination for a hazardous waste at the point of waste treatment shall
be performed in accordance with the applicable requirements of §
264.1083(b) of this subsection.
(2)
In performing a waste determination pursuant to paragraph (d)(1) of this
section, the sample preparation and analysis shall be conducted as follows:
(i) In accordance with the method used by the
owner or operator to perform the waste analysis, except in the case specified
in paragraph (d)(2)(ii) of this section.
(ii) If the Director determines that the
method used by the owner or operator was not appropriate for the hazardous
waste managed in the tank, surface impoundment, or container, then the Director
may choose an appropriate method.
(3) In a case when the owner or operator is
requested to perform the waste determination, the Director may elect to have an
authorized representative observe the collection of the hazardous waste samples
used for the analysis.
(4) In a
case when the results of the waste determination performed or requested by the
Director do not agree with the results of a waste determination performed by
the owner or operator using knowledge of the waste, then the results of the
waste determination performed in accordance with the requirements of paragraph
(d)(1) of this section shall be used to establish compliance with the
requirements of this subsection.
(5) In a case when the owner or operator has
used an averaging period greater than 1 hour for determining the average VO
concentration of a hazardous waste at the point of waste origination, the
Director may elect to establish compliance with this subsection by performing
or requesting that the owner or operator perform a waste determination using
direct measurement based on waste samples collected within a 1-hour period as
follows:
(i) The average VO concentration of
the hazardous waste at the point of waste origination shall be determined by
direct measurement in accordance with the requirements of § 264.1083(a) of
this subsection.
(ii) Results of
the waste determination performed or requested by the Director showing that the
average VO concentration of the hazardous waste at the point of waste
origination is equal to or greater than 500 ppmw shall constitute noncompliance
with this subsection except in a case as provided for in paragraph (d)(5)(iii)
of this section.
(iii) For the case
when the average VO concentration of the hazardous waste at the point of waste
origination previously has been determined by the owner or operator using an
averaging period greater than 1 hour to be less than 500 ppmw but because of
normal operating process variations the VO concentration of the hazardous waste
determined by direct measurement for any given 1-hour period may be equal to or
greater than 500 ppmw, information that was used by the owner or operator to
determine the average VO concentration of the hazardous waste (e.g., test
results, measurements, calculations, and other documentation) and recorded in
the facility records in accordance with the requirements of § 264.1083(a)
and § 264.1089 of this subsection shall be considered by the Director
together with the results of the waste determination performed or requested by
the Director in establishing compliance with this subsection.
§
264.1083
Waste determination procedures
(a) Waste determination procedure to
determine average volatile organic (VO) concentration of a hazardous waste at
the point of waste origination.
(1) An owner
or operator shall determine the average VO concentration at the point of waste
origination for each hazardous waste placed in a waste management unit exempted
under the provisions of § 264.1082(c)(1) of this subsection from using air
emission controls in accordance with standards specified in § 264.1084
through § 264.1087 of this subsection, as applicable to the waste
management unit.
(i) An initial determination
of the average VO concentration of the waste stream shall be made before the
first time any portion of the material in the hazardous waste stream is placed
in a waste management unit exempted under the provisions of §
264.1082(c)(1) of this subsection from using air emission controls, and
thereafter an initial determination of the average VO concentration of the
waste stream shall be made for each averaging period that a hazardous waste is
managed in the unit; and
(ii)
Perform a new waste determination whenever changes to the source generating the
waste stream are reasonably likely to cause the average VO concentration of the
hazardous waste to increase to a level that is equal to or greater than the
applicable VO concentration limits specified in § 264.1082 of this
subsection.
(2) For a
waste determination that is required by paragraph (a)(1) of this section, the
average VO concentration of a hazardous waste at the point of waste origination
shall be determined in accordance with the procedures specified in §§
265.1084(a)(2) through (a)(4).
(b) Waste determination procedures for
treated hazardous waste.
(1) An owner or
operator shall perform the applicable waste determinations for each treated
hazardous waste placed in waste management units exempted under the provisions
of § 264.1082(c)(2)(i) through (c)(2)(vi) of this subsection from using
air emission controls in accordance with standards specified in §§
264.1084 through 264.1087 of this subsection, as is applicable to the waste
management unit.
(i) An initial determination
of the average VO concentration of the waste stream shall be made before the
first time any portion of the material in the treated waste stream is placed in
the exempt waste management unit, and thereafter update the information used
for the waste determination at least once every 12 months following the date of
the initial waste determination; and
(ii) Perform a new waste determination
whenever changes to the process generating or treating the waste stream are
reasonably likely to cause the average VO concentration of the hazardous waste
to increase to a level such that the applicable treatment conditions specified
in § 264.1082 (c)(2) of this subsection are not achieved.
(2) The waste determination for a
treated hazardous waste shall be performed in accordance with the procedures
specified in § 265.1084(b)(2) through (b)(9), as applicable to the treated
hazardous waste.
(c)
Procedure to determine the maximum organic vapor pressure of a hazardous waste
in a tank.
(1) An owner or operator shall
determine the maximum organic vapor pressure for each hazardous waste placed in
a tank using Tank Level 1 controls in accordance with standards specified in
§ 264.1084(c) of this subsection.
(2) The maximum organic vapor pressure of the
hazardous waste may be determined in accordance with the procedures specified
in § 265.1084(c)(2) through (c)(4).
(d) The procedure for determining no
detectable organic emissions for the purpose of complying with this subsection
shall be conducted in accordance with the procedures specified in §
265.1084(d).
§
264.1084
Standards: Tanks
(a) The provisions of this section apply to
the control of air pollutant emissions from tanks for which § 264.1082(b)
of this subsection references the use of this section for such air emission
control.
(b) The owner or operator
shall control air pollutant emissions from each tank subject to this section in
accordance with the following requirements as applicable:
(1) For a tank that manages hazardous waste
that meets all of the conditions specified in paragraphs (b)(1)(i) through
(b)(1)(iii) of this section, the owner or operator shall control air pollutant
emissions from the tank in accordance with the Tank Level 1 controls specified
in paragraph (c) of this section or the Tank Level 2 controls specified in
paragraph (d) of this section.
(i) The
hazardous waste in the tank has a maximum organic vapor pressure which is less
than the maximum organic vapor pressure limit for the tank's design capacity
category as follows:
(A) For a tank design
capacity equal to or greater than 151 m3, the
maximum organic vapor pressure limit for the tank is 5.2 kPa.
(B) For a tank design capacity equal to or
greater than 75 m3 but less than 151
m3, the maximum organic vapor pressure limit for the
tank is 27.6 kPa.
(C) For a tank
design capacity less than 75 m3, the maximum organic
vapor pressure limit for the tank is 76.6 kPa.
(ii) The hazardous waste in the tank is not
heated by the owner or operator to a temperature that is greater than the
temperature at which the maximum organic vapor pressure of the hazardous waste
is determined for the purpose of complying with paragraph (b)(1)(i) of this
section.
(iii) The hazardous waste
in the tank is not treated by the owner or operator using a waste stabilization
process, as defined in § 265.1081.
(2) For a tank that manages hazardous waste
that does not meet all of the conditions specified in paragraphs (b)(1)(i)
through (b)(1)(iii) of this section, the owner or operator shall control air
pollutant emissions from the tank by using Tank Level 2 controls in accordance
with the requirements of paragraph (d) of this section. Examples of tanks
required to use Tank Level 2 controls include: A tank used for a waste
stabilization process; and a tank for which the hazardous waste in the tank has
a maximum organic vapor pressure that is equal to or greater than the maximum
organic vapor pressure limit for the tank's design capacity category as
specified in paragraph (b)(1)(i) of this section.
(c) Owners and operators controlling air
pollutant emissions from a tank using Tank Level 1 controls shall meet the
requirements specified in paragraphs (c)(1) through (c)(4) of this section:
(1) The owner or operator shall determine the
maximum organic vapor pressure for a hazardous waste to be managed in the tank
using Tank Level 1 controls before the first time the hazardous waste is placed
in the tank. The maximum organic vapor pressure shall be determined using the
procedures specified in § 264.1083(c) of this subsection. Thereafter, the
owner or operator shall perform a new determination whenever changes to the
hazardous waste managed in the tank could potentially cause the maximum organic
vapor pressure to increase to a level that is equal to or greater than the
maximum organic vapor pressure limit for the tank design capacity category
specified in paragraph (b)(1)(i) of this section, as applicable to the
tank.
(2) The tank shall be
equipped with a fixed roof designed to meet the following specifications:
(i) The fixed roof and its closure devices
shall be designed to form a continuous barrier over the entire surface area of
the hazardous waste in the tank. The fixed roof may be a separate cover
installed on the tank (e.g., a removable cover mounted on an open-top tank) or
may be an integral part of the tank structural design (e.g., a horizontal
cylindrical tank equipped with a hatch).
(ii) The fixed roof shall be installed in a
manner such that there are no visible cracks, holes, gaps, or other open spaces
between roof section joints or between the interface of the roof edge and the
tank wall.
(iii) Each opening in
the fixed roof, and any manifold system associated with the fixed roof, shall
be either:
(A) Equipped with a closure device
designed to operate such that when the closure device is secured in the closed
position there are no visible cracks, holes, gaps, or other open spaces in the
closure device or between the perimeter of the opening and the closure device;
or
(B) Connected by a closed-vent
system that is vented to a control device. The control device shall remove or
destroy organics in the vent stream, and shall be operating whenever hazardous
waste is managed in the tank, except as provided for in paragraphs
(c)(2)(iii)(B) (1) and (2) of this section.
(1) During periods when it is necessary to
provide access to the tank for performing the activities of paragraph
(c)(2)(iii)(B)(2) of this section, venting of the vapor headspace underneath
the fixed roof to the control device is not required, opening of closure
devices is allowed, and removal of the fixed roof is allowed. Following
completion of the activity, the owner or operator shall promptly secure the
closure device in the closed position or reinstall the cover, as applicable,
and resume operation of the control device.
(2) During periods of routine inspection,
maintenance, or other activities needed for normal operations, and for removal
of accumulated sludge or other residues from the bottom of the tank.
(iv) The fixed roof and
its closure devices shall be made of suitable materials that will minimize
exposure of the hazardous waste to the atmosphere, to the extent practical, and
will maintain the integrity of the fixed roof and closure devices throughout
their intended service life. Factors to be considered when selecting the
materials for and designing the fixed roof and closure devices shall include:
Organic vapor permeability, the effects of any contact with the hazardous waste
or its vapors managed in the tank; the effects of outdoor exposure to wind,
moisture, and sunlight; and the operating practices used for the tank on which
the fixed roof is installed.
(3) Whenever a hazardous waste is in the
tank, the fixed roof shall be installed with each closure device secured in the
closed position except as follows:
(i) Opening
of closure devices or removal of the fixed roof is allowed at the following
times:
(A) To provide access to the tank for
performing routine inspection, maintenance, or other activities needed for
normal operations. Examples of such activities include those times when a
worker needs to open a port to sample the liquid in the tank, or when a worker
needs to open a hatch to maintain or repair equipment. Following completion of
the activity, the owner or operator shall promptly secure the closure device in
the closed position or reinstall the cover, as applicable, to the
tank.
(B) To remove accumulated
sludge or other residues from the bottom of tank.
(ii) Opening of a spring-loaded
pressure-vacuum relief valve, conservation vent, or similar type of pressure
relief device which vents to the atmosphere is allowed during normal operations
for the purpose of maintaining the tank internal pressure in accordance with
the tank design specifications. The device shall be designed to operate with no
detectable organic emissions when the device is secured in the closed position.
The settings at which the device opens shall be established such that the
device remains in the closed position whenever the tank internal pressure is
within the internal pressure operating range determined by the owner or
operator based on the tank manufacturer recommendations, applicable
regulations, fire protection and prevention codes, standard engineering codes
and practices, or other requirements for the safe handling of flammable,
ignitable, explosive, reactive, or hazardous materials. Examples of normal
operating conditions that may require these devices to open are during those
times when the tank internal pressure exceeds the internal pressure operating
range for the tank as a result of loading operations or diurnal ambient
temperature fluctuations.
(iii)
Opening of a safety device, as defined in § 265.1081, is allowed at any
time conditions require doing so to avoid an unsafe condition.
(4) The owner or operator shall
inspect the air emission control equipment in accordance with the following
requirements.
(i) The fixed roof and its
closure devices shall be visually inspected by the owner or operator to check
for defects that could result in air pollutant emissions. Defects include, but
are not limited to, visible cracks, holes, or gaps in the roof sections or
between the roof and the tank wall; broken, cracked, or otherwise damaged seals
or gaskets on closure devices; and broken or missing hatches, access covers,
caps, or other closure devices.
(ii) The owner or operator shall perform an
initial inspection of the fixed roof and its closure devices on or before the
date that the tank becomes subject to this section. Thereafter, the owner or
operator shall perform the inspections at least once every year except under
the special conditions provided for in paragraph (l) of this section.
(iii) In the event that a defect is detected,
the owner or operator shall repair the defect in accordance with the
requirements of paragraph (k) of this section.
(iv) The owner or operator shall maintain a
record of the inspection in accordance with the requirements specified in
§ 264.1089(b) of this subsection.
(d) Owners and operators controlling air
pollutant emissions from a tank using Tank Level 2 controls shall use one of
the following tanks:
(1) A fixed-roof tank
equipped with an internal floating roof in accordance with the requirements
specified in paragraph (e) of this section;
(2) A tank equipped with an external floating
roof in accordance with the requirements specified in paragraph (f) of this
section;
(3) A tank vented through
a closed-vent system to a control device in accordance with the requirements
specified in paragraph (g) of this section;
(4) A pressure tank designed and operated in
accordance with the requirements specified in paragraph (h) of this section;
or
(5) A tank located inside an
enclosure that is vented through a closed-vent system to an enclosed combustion
control device in accordance with the requirements specified in paragraph (i)
of this section.
(e) The
owner or operator who controls air pollutant emissions from a tank using a
fixed-roof with an internal floating roof shall meet the requirements specified
in paragraphs (e)(1) through (e)(3) of this section.
(1) The tank shall be equipped with a fixed
roof and an internal floating roof in accordance with the following
requirements:
(i) The internal floating roof
shall be designed to float on the liquid surface except when the floating roof
must be supported by the leg supports.
(ii) The internal floating roof shall be
equipped with a continuous seal between the wall of the tank and the floating
roof edge that meets either of the following requirements:
(A) A single continuous seal that is either a
liquid-mounted seal or a metallic shoe seal, as defined in § 265.1081;
or
(B) Two continuous seals mounted
one above the other. The lower seal may be a vapor-mounted seal.
(iii) The internal floating roof
shall meet the following specifications:
(A)
Each opening in a noncontact internal floating roof except for automatic
bleeder vents (vacuum breaker vents) and the rim space vents is to provide a
projection below the liquid surface.
(B) Each opening in the internal floating
roof shall be equipped with a gasketed cover or a gasketed lid except for leg
sleeves, automatic bleeder vents, rim space vents, column wells, ladder wells,
sample wells, and stub drains.
(C)
Each penetration of the internal floating roof for the purpose of sampling
shall have a slit fabric cover that covers at least 90 percent of the
opening.
(D) Each automatic bleeder
vent and rim space vent shall be gasketed.
(E) Each penetration of the internal floating
roof that allows for passage of a ladder shall have a gasketed sliding
cover.
(F) Each penetration of the
internal floating roof that allows for passage of a column supporting the fixed
roof shall have a flexible fabric sleeve seal or a gasketed sliding
cover.
(2) The
owner or operator shall operate the tank in accordance with the following
requirements:
(i) When the floating roof is
resting on the leg supports, the process of filling, emptying, or refilling
shall be continuous and shall be completed as soon as practical.
(ii) Automatic bleeder vents are to be set
closed at all times when the roof is floating, except when the roof is being
floated off or is being landed on the leg supports.
(iii) Prior to filling the tank, each cover,
access hatch, gauge float well or lid on any opening in the internal floating
roof shall be bolted or fastened closed (i.e., no visible gaps). Rim space
vents are to be set to open only when the internal floating roof is not
floating or when the pressure beneath the rim exceeds the manufacturer's
recommended setting.
(3)
The owner or operator shall inspect the internal floating roof in accordance
with the procedures specified as follows:
(i)
The floating roof and its closure devices shall be visually inspected by the
owner or operator to check for defects that could result in air pollutant
emissions. Defects include, but are not limited to: The internal floating roof
is not floating on the surface of the liquid inside the tank; liquid has
accumulated on top of the internal floating roof; any portion of the roof seals
have detached from the roof rim; holes, tears, or other openings are visible in
the seal fabric; the gaskets no longer close off the hazardous waste surface
from the atmosphere; or the slotted membrane has more than 10 percent open
area.
(ii) The owner or operator
shall inspect the internal floating roof components as follows except as
provided in paragraph (e)(3)(iii) of this section:
(A) Visually inspect the internal floating
roof components through openings on the fixed-roof (e.g., manholes and roof
hatches) at least once every 12 months after initial fill, and
(B) Visually inspect the internal floating
roof, primary seal, secondary seal (if one is in service), gaskets, slotted
membranes, and sleeve seals (if any) each time the tank is emptied and degassed
and at least every 10 years.
(iii) As an alternative to performing the
inspections specified in paragraph (e)(3)(ii) of this section for an internal
floating roof equipped with two continuous seals mounted one above the other,
the owner or operator may visually inspect the internal floating roof, primary
and secondary seals, gaskets, slotted membranes, and sleeve seals (if any) each
time the tank is emptied and degassed and at least every 5 years.
(iv) Prior to each inspection required by
paragraph (e)(3)(ii) or (e)(3)(iii) of this section, the owner or operator
shall notify the Director in advance of each inspection to provide the Director
with the opportunity to have an observer present during the inspection. The
owner or operator shall notify the Director of the date and location of the
inspection as follows:
(A) Prior to each
visual inspection of an internal floating roof in a tank that has been emptied
and degassed, written notification shall be prepared and sent by the owner or
operator so that it is received by the Director at least 30 calendar days
before refilling the tank except when an inspection is not planned as provided
for in paragraph (e)(3)(iv)(B) of this section.
(B) When a visual inspection is not planned
and the owner or operator could not have known about the inspection 30 calendar
days before refilling the tank, the owner or operator shall notify the Director
as soon as possible, but no later than 7 calendar days before refilling of the
tank. This notification may be made by telephone and immediately followed by a
written explanation for why the inspection is unplanned. Alternatively, written
notification, including the explanation for the unplanned inspection, may be
sent so that it is received by the Director at least 7 calendar days before
refilling the tank.
(v)
In the event that a defect is detected, the owner or operator shall repair the
defect in accordance with the requirements of paragraph (k) of this
section.
(vi) The owner or operator
shall maintain a record of the inspection in accordance with the requirements
specified in §264.1089(b) of this subsection.
(4) Safety devices, as defined in §
265.1081, may be installed and operated as necessary on any tank complying with
the requirements of paragraph (e) of this section.
(f) The owner or operator who controls air
pollutant emissions from a tank using an external floating roof shall meet the
requirements specified in paragraphs (f)(1) through (f)(3) of this section.
(1) The owner or operator shall design the
external floating roof in accordance with the following requirements:
(i) The external floating roof shall be
designed to float on the liquid surface except when the floating roof must be
supported by the leg supports.
(ii)
The floating roof shall be equipped with two continuous seals, one above the
other, between the wall of the tank and the roof edge. The lower seal is
referred to as the primary seal, and the upper seal is referred to as the
secondary seal.
(A) The primary seal shall be
a liquid-mounted seal or a metallic shoe seal, as defined in § 265.1081.
The total area of the gaps between the tank wall and the primary seal shall not
exceed 212 square centimeters (cm2) per meter of
tank diameter, and the width of any portion of these gaps shall not exceed 3.8
centimeters (cm). If a metallic shoe seal is used for the primary seal, the
metallic shoe seal shall be designed so that one end extends into the liquid in
the tank and the other end extends a vertical distance of at least 61
centi-meters above the liquid surface.
(B) The secondary seal shall be mounted above
the primary seal and cover the annular space between the floating roof and the
wall of the tank. The total area of the gaps between the tank wall and the
secondary seal shall not exceed 21.2 square centimeters
(cm2) per meter of tank diameter, and the width of
any portion of these gaps shall not exceed 1.3 centimeters (cm).
(iii) The external floating roof
shall meet the following specifications:
(A)
Except for automatic bleeder vents (vacuum breaker vents) and rim space vents,
each opening in a noncontact external floating roof shall provide a projection
below the liquid surface.
(B)
Except for automatic bleeder vents, rim space vents, roof drains, and leg
sleeves, each opening in the roof shall be equipped with a gasketed cover,
seal, or lid.
(C) Each access hatch
and each gauge float well shall be equipped with a cover designed to be bolted
or fastened when the cover is secured in the closed position.
(D) Each automatic bleeder vent and each rim
space vent shall be equipped with a gasket.
(E) Each roof drain that empties into the
liquid managed in the tank shall be equipped with a slotted membrane fabric
cover that covers at least 90 percent of the area of the opening.
(F) Each unslotted and slotted guide pole
well shall be equipped with a gasketed sliding cover or a flexible fabric
sleeve seal.
(G) Each unslotted
guide pole shall be equipped with a gasketed cap on the end of the
pole.
(H) Each slotted guide pole
shall be equipped with a gasketed float or other device which closes off the
liquid surface from the atmosphere.
(I) Each gauge hatch and each sample well
shall be equipped with a gasketed cover.
(2) The owner or operator shall operate the
tank in accordance with the following requirements:
(i) When the floating roof is resting on the
leg supports, the process of filling, emptying, or refilling shall be
continuous and shall be completed as soon as practical.
(ii) Except for automatic bleeder vents, rim
space vents, roof drains, and leg sleeves, each opening in the roof shall be
secured and maintained in a closed position at all times except when the
closure device must be open for access.
(iii) Covers on each access hatch and each
gauge float well shall be bolted or fastened when secured in the closed
position.
(iv) Automatic bleeder
vents shall be set closed at all times when the roof is floating, except when
the roof is being floated off or is being landed on the leg supports.
(v) Rim space vents shall be set to open only
at those times that the roof is being floated off the roof leg supports or when
the pressure beneath the rim seal exceeds the manufacturer's recommended
setting.
(vi) The cap on the end of
each unslotted guide pole shall be secured in the closed position at all times
except when measuring the level or collecting samples of the liquid in the
tank.
(vii) The cover on each gauge
hatch or sample well shall be secured in the closed position at all times
except when the hatch or well must be opened for access.
(viii) Both the primary seal and the
secondary seal shall completely cover the annular space between the external
floating roof and the wall of the tank in a continuous fashion except during
inspections.
(3) The
owner or operator shall inspect the external floating roof in accordance with
the procedures specified as follows:
(i) The
owner or operator shall measure the external floating roof seal gaps in
accordance with the following requirements:
(A) The owner or operator shall perform
measurements of gaps between the tank wall and the primary seal within 60
calendar days after initial operation of the tank following installation of the
floating roof and, thereafter, at least once every 5 years.
(B) The owner or operator shall perform
measurements of gaps between the tank wall and the secondary seal within 60
calendar days after initial operation of the tank following installation of the
floating roof and, thereafter, at least once every year.
(C) If a tank ceases to hold hazardous waste
for a period of 1 year or more, subsequent introduction of hazardous waste into
the tank shall be considered an initial operation for the purposes of
paragraphs (f)(3)(i)(A) and (f)(3)(i)(B) of this section.
(D) The owner or operator shall determine the
total surface area of gaps in the primary seal and in the secondary seal
individually using the following procedure:
(1) The seal gap measurements shall be
performed at one or more floating roof levels when the roof is floating off the
roof supports.
(2) Seal gaps, if
any, shall be measured around the entire perimeter of the floating roof in each
place where a 0.32-centimeter (cm) diameter uniform probe passes freely
(without forcing or binding against the seal) between the seal and the wall of
the tank and measure the circumferential distance of each such
location.
(3) For a seal gap
measured under paragraph (f)(3) of this section, the gap surface area shall be
determined by using probes of various widths to measure accurately the actual
distance from the tank wall to the seal and multiplying each such width by its
respective circumferential distance.
(4) The total gap area shall be calculated by
adding the gap surface areas determined for each identified gap location for
the primary seal and the secondary seal individually, and then dividing the sum
for each seal type by the nominal diameter of the tank. These total gap areas
for the primary seal and secondary seal are then are compared to the respective
standards for the seal type as specified in paragraph (f)(1)(ii) of this
section.
(E) In the event
that the seal gap measurements do not conform to the specifications in
paragraph (f)(1)(ii) of this section, the owner or operator shall repair the
defect in accordance with the requirements of paragraph (k) of this
section.
(F) The owner or operator
shall maintain a record of the inspection in accordance with the requirements
specified in § 264.1089(b) of this subsection.
(ii) The owner or operator shall visually
inspect the external floating roof in accordance with the following
requirements:
(A) The floating roof and its
closure devices shall be visually inspected by the owner or operator to check
for defects that could result in air pollutant emissions. Defects include, but
are not limited to: Holes, tears, or other openings in the rim seal or seal
fabric of the floating roof; a rim seal detached from the floating roof; all or
a portion of the floating roof deck being submerged below the surface of the
liquid in the tank; broken, cracked, or otherwise damaged seals or gaskets on
closure devices; and broken or missing hatches, access covers, caps, or other
closure devices.
(B) The owner or
operator shall perform an initial inspection of the external floating roof and
its closure devices on or before the date that the tank becomes subject to this
section. Thereafter, the owner or operator shall perform the inspections at
least once every year except for the special conditions provided for in
paragraph (l) of this section.
(C)
In the event that a defect is detected, the owner or operator shall repair the
defect in accordance with the requirements of paragraph (k) of this
section.
(D) The owner or operator
shall maintain a record of the inspection in accordance with the requirements
specified in § 264.1089(b) of this subsection.
(iii) Prior to each inspection required by
paragraph (f)(3)(i) or (f)(3)(ii) of this subsection, the owner or operator
shall notify the Director in advance of each inspection to provide the Director
with the opportunity to have an observer present during the inspection. The
owner or operator shall notify the Director of the date and location of the
inspection as follows:
(A) Prior to each
inspection to measure external floating roof seal gaps as required under
paragraph (f)(3)(i) of this section, written notification shall be prepared and
sent by the owner or operator so that it is received by the Director at least
30 calendar days before the date the measurements are scheduled to be
performed.
(B) Prior to each visual
inspection of an external floating roof in a tank that has been emptied and
degassed, written notification shall be prepared and sent by the owner or
operator so that it is received by the Director at least 30 calendar days
before refilling the tank except when an inspection is not planned as provided
for in paragraph (f)(3)(iii)(C) of this section.
(C) When a visual inspection is not planned
and the owner or operator could not have known about the inspection 30 calendar
days before refilling the tank, the owner or operator shall notify the Director
as soon as possible, but no later than 7 calendar days before refilling of the
tank. This notification may be made by telephone and immediately followed by a
written explanation for why the inspection is unplanned. Alternatively, written
notification, including the explanation for the unplanned inspection, may be
sent so that it is received by the Director at least 7 calendar days before
refilling the tank.
(4) Safety devices, as defined in §
265.1081, may be installed and operated as necessary on any tank complying with
the requirements of paragraph (f) of this section.
(g) The owner or operator who controls air
pollutant emissions from a tank by venting the tank to a control device shall
meet the requirements specified in paragraphs (g)(1) through (g)(3) of this
section.
(1) The tank shall be covered by a
fixed roof and vented directly through a closed-vent system to a control device
in accordance with the following requirements:
(i) The fixed roof and its closure devices
shall be designed to form a continuous barrier over the entire surface area of
the liquid in the tank.
(ii) Each
opening in the fixed roof not vented to the control device shall be equipped
with a closure device. If the pressure in the vapor headspace underneath the
fixed roof is less than atmospheric pressure when the control device is
operating, the closure devices shall be designed to operate such that when the
closure device is secured in the closed position there are no visible cracks,
holes, gaps, or other open spaces in the closure device or between the
perimeter of the cover opening and the closure device. If the pressure in the
vapor headspace underneath the fixed roof is equal to or greater than
atmospheric pressure when the control device is operating, the closure device
shall be designed to operate with no detectable organic emissions.
(iii) The fixed roof and its closure devices
shall be made of suitable materials that will minimize exposure of the
hazardous waste to the atmosphere, to the extent practical, and will maintain
the integrity of the fixed roof and closure devices throughout their intended
service life. Factors to be considered when selecting the materials for and
designing the fixed roof and closure devices shall include: Organic vapor
permeability, the effects of any contact with the liquid and its vapor managed
in the tank; the effects of outdoor exposure to wind, moisture, and sunlight;
and the operating practices used for the tank on which the fixed roof is
installed.
(iv) The closed-vent
system and control device shall be designed and operated in accordance with the
requirements of § 264.1087 of this subsection.
(2) Whenever a hazardous waste is in the
tank, the fixed roof shall be installed with each closure device secured in the
closed position and the vapor headspace underneath the fixed roof vented to the
control device except as follows:
(i) Venting
to the control device is not required, and opening of closure devices or
removal of the fixed roof is allowed at the following times:
(A) To provide access to the tank for
performing routine inspection, maintenance, or other activities needed for
normal operations. Examples of such activities include those times when a
worker needs to open a port to sample liquid in the tank, or when a worker
needs to open a hatch to maintain or repair equipment. Following completion of
the activity, the owner or operator shall promptly secure the closure device in
the closed position or reinstall the cover, as applicable, to the
tank.
(B) To remove accumulated
sludge or other residues from the bottom of a tank.
(ii) Opening of a safety device, as defined
in § 265.1081, is allowed at any time conditions require doing so to avoid
an unsafe condition.
(3)
The owner or operator shall inspect and monitor the air emission control
equipment in accordance with the following procedures:
(i) The fixed roof and its closure devices
shall be visually inspected by the owner or operator to check for defects that
could result in air pollutant emissions. Defects include, but are not limited
to, visible cracks, holes, or gaps in the roof sections or between the roof and
the tank wall; broken, cracked, or otherwise damaged seals or gaskets on
closure devices; and broken or missing hatches, access covers, caps, or other
closure devices.
(ii) The
closed-vent system and control device shall be inspected and monitored by the
owner or operator in accordance with the procedures specified in §
264.1087 of this subsection.
(iii)
The owner or operator shall perform an initial inspection of the air emission
control equipment on or before the date that the tank becomes subject to this
section. Thereafter, the owner or operator shall perform the inspections at
least once every year except for the special conditions provided for in
paragraph (l) of this section.
(iv)
In the event that a defect is detected, the owner or operator shall repair the
defect in accordance with the requirements of paragraph (k) of this
section.
(v) The owner or operator
shall maintain a record of the inspection in accordance with the requirements
specified in §264.1089(b) of this subsection.
(h) The owner or operator who
controls air pollutant emissions by using a pressure tank shall meet the
following requirements.
(1) The tank shall be
designed not to vent to the atmosphere as a result of compression of the vapor
headspace in the tank during filling of the tank to its design
capacity.
(2) All tank openings
shall be equipped with closure devices designed to operate with no detectable
organic emissions as determined using the procedure specified in §
264.1083(d) of this subsection.
(3)
Whenever a hazardous waste is in the tank, the tank shall be operated as a
closed system that does not vent to the atmosphere except under either or the
following conditions as specified in paragraph (h)(3)(i) or (h)(3)(ii) of this
section.
(i) At those times when opening of a
safety device, as defined in § 265.1081 of this subsection, is required to
avoid an unsafe condition.
(ii) At
those times when purging of inerts from the tank is required and the purge
stream is routed to a closed-vent system and control device designed and
operated in accordance with the requirements of § 264.1087 of this
subsection.
(i)
The owner or operator who controls air pollutant emissions by using an
enclosure vented through a closed-vent system to an enclosed combustion control
device shall meet the requirements specified in paragraphs (i)(1) through
(i)(4) of this section.
(1) The tank shall be
located inside an enclosure. The enclosure shall be designed and operated in
accordance with the criteria for a permanent total enclosure as specified in
"Procedure T - Criteria for and Verification of a Permanent or Temporary Total
Enclosure" under
40
CFR 52.741, Appendix B. The enclosure may
have permanent or temporary openings to allow worker access; passage of
material into or out of the enclosure by conveyor, vehicles, or other
mechanical means; entry of permanent mechanical or electrical equipment; or
direct airflow into the enclosure. The owner or operator shall perform the
verification procedure for the enclosure as specified in Section 5.0 to
"Procedure T - Criteria for and Verification of a Permanent or Temporary Total
Enclosure" initially when the enclosure is first installed and, thereafter,
annually.
(2) The enclosure shall
be vented through a closed-vent system to an enclosed combustion control device
that is designed and operated in accordance with the standards for either a
vapor incinerator, boiler, or process heater specified in '264.1087 of this
subsection.
(3) Safety devices, as
defined in § 265.1081, may be installed and operated as necessary on any
enclosure, closed-vent system, or control device used to comply with the
requirements of paragraphs (i)(1) and (i)(2) of this section.
(4) The owner or operator shall inspect and
monitor the closed-vent system and control device as specified in §
264.1087 of this subsection.
(j) The owner or operator shall transfer
hazardous waste to a tank subject to this section in accordance with the
following requirements:
(1) Transfer of
hazardous waste, except as provided in paragraph (j)(2) of this section, to the
tank from another tank subject to this section or from a surface impoundment
subject to § 264.1085 of this subsection shall be conducted using
continuous hard-piping or another closed system that does not allow exposure of
the hazardous waste to the atmosphere. For the purpose of complying with this
provision, an individual drain system is considered to be a closed system when
it meets the requirements of 40 CFR section 63, subpart RR - National Emission
Standards for Individual Drain Systems.
(2) The requirements of paragraph (j)(1) of
this section do not apply when transferring a hazardous waste to the tank under
any of the following conditions:
(i) The
hazardous waste meets the average VO concentration conditions specified in
§264.1082(c)(1) of this subsection at the point of waste
origination.
(ii) The hazardous
waste has been treated by an organic destruction or removal process to meet the
requirements in § 264.1082(c)(2) of this subsection.
(iii) The hazardous waste meets the
requirements of § 264.1082(c)(4) of this subsection.
(k) The owner or operator shall
repair each defect detected during an inspection performed in accordance with
the requirements of paragraphs (c)(4), (e)(3), (f)(3), or (g)(3) of this
section as follows:
(1) The owner or operator
shall make first efforts at repair of the defect no later than 5 calendar days
after detection, and repair shall be completed as soon as possible but no later
than 45 calendar days after detection except as provided in paragraph (k)(2) of
this section.
(2) Repair of a
defect may be delayed beyond 45 calendar days if the owner or operator
determines that repair of the defect requires emptying or temporary removal
from service of the tank and no alternative tank capacity is available at the
site to accept the hazardous waste normally managed in the tank. In this case,
the owner or operator shall repair the defect the next time the process or unit
that is generating the hazardous waste managed in the tank stops operation.
Repair of the defect shall be completed before the process or unit resumes
operation.
(l) Following
the initial inspection and monitoring of the cover as required by the
applicable provisions of this subsection, subsequent inspection and monitoring
may be performed at intervals longer than 1 year under the following special
conditions:
(1) In the case when inspecting
or monitoring the cover would expose a worker to dangerous, hazardous, or other
unsafe conditions, then the owner or operator may designate a cover as an
"unsafe to inspect and monitor cover" and comply with all of the following
requirements:
(i) Prepare a written
explanation for the cover stating the reasons why the cover is unsafe to
visually inspect or to monitor, if required.
(ii) Develop and implement a written plan and
schedule to inspect and monitor the cover, using the procedures specified in
the applicable section of this subsection, as frequently as practicable during
those times when a worker can safely access the cover.
(2) In the case when a tank is buried
sectionially or entirely underground, an owner or operator is required to
inspect and monitor, as required by the applicable provisions of this section,
only those portions of the tank cover and those connections to the tank (e.g.,
fill ports, access hatches, gauge wells, etc.) that are located on or above the
ground surface.
§
264.1085
Standards: Surface impoundments
(a) The provisions of this section apply to
the control of air pollutant emissions from surface impoundments for which
§ 264.1082(b) of this subsection references the use of this section for
such air emission control.
(b) The
owner or operator shall control air pollutant emissions from the surface
impoundment by installing and operating either of the following:
(1) A floating membrane cover in accordance
with the provisions specified in paragraph (c) of this section; or
(2) A cover that is vented through a
closed-vent system to a control device in accordance with the provisions
specified in paragraph (d) of this section.
(c) The owner or operator who controls air
pollutant emissions from a surface impoundment using a floating membrane cover
shall meet the requirements specified in paragraphs (c)(1) through (c)(3) of
this section.
(1) The surface impoundment
shall be equipped with a floating membrane cover designed to meet the following
specifications:
(i) The floating membrane
cover shall be designed to float on the liquid surface during normal operations
and form a continuous barrier over the entire surface area of the
liquid.
(ii) The cover shall be
fabricated from a synthetic membrane material that is either:
(A) High density polyethylene (HDPE) with a
thickness no less than 2.5 millimeters (mm); or
(B) A material or a composite of different
materials determined to have both organic permeability properties that are
equivalent to those of the material listed in paragraph (c)(1)(ii)(A) of this
section and chemical and physical properties that maintain the material
integrity for the intended service life of the material.
(iii) The cover shall be installed in a
manner such that there are no visible cracks, holes, gaps, or other open spaces
between cover section seams or between the interface of the cover edge and its
foundation mountings.
(iv) Except
as provided for in paragraph (c)(1)(v) of this section, each opening in the
floating membrane cover shall be equipped with a closure device designed to
operate such that when the closure device is secured in the closed position
there are no visible cracks, holes, gaps, or other open spaces in the closure
device or between the perimeter of the cover opening and the closure
device.
(v) The floating membrane
cover may be equipped with one or more emergency cover drains for removal of
stormwater. Each emergency cover drain shall be equipped with a slotted
membrane fabric cover that covers at least 90 percent of the area of the
opening or a flexible fabric sleeve seal.
(vi) The closure devices shall be made of
suitable materials that will minimize exposure of the hazardous waste to the
atmosphere, to the extent practical, and will maintain the integrity of the
closure devices throughout their intended service life. Factors to be
considered when selecting the materials of construction and designing the cover
and closure devices shall include: Organic vapor permeability; the effects of
any contact with the liquid and its vapor managed in the surface impoundment;
the effects of outdoor exposure to wind, moisture, and sunlight; and the
operating practices used for the surface impoundment on which the floating
membrane cover is installed.
(2) Whenever a hazardous waste is in the
surface impoundment, the floating membrane cover shall float on the liquid and
each closure device shall be secured in the closed position except as follows:
(i) Opening of closure devices or removal of
the cover is allowed at the following times:
(A) To provide access to the surface
impoundment for performing routine inspection, maintenance, or other activities
needed for normal operations. Examples of such activities include those times
when a worker needs to open a port to sample the liquid in the surface
impoundment, or when a worker needs to open a hatch to maintain or repair
equipment. Following completion of the activity, the owner or operator shall
promptly replace the cover and secure the closure device in the closed
position, as applicable.
(B) To
remove accumulated sludge or other residues from the bottom of surface
impoundment.
(ii) Opening
of a safety device, as defined in § 265.1081, is allowed at any time
conditions require doing so to avoid an unsafe condition.
(3) The owner or operator shall inspect the
floating membrane cover in accordance with the following procedures:
(i) The floating membrane cover and its
closure devices shall be visually inspected by the owner or operator to check
for defects that could result in air pollutant emissions. Defects include, but
are not limited to, visible cracks, holes, or gaps in the cover section seams
or between the interface of the cover edge and its foundation mountings;
broken, cracked, or otherwise damaged seals or gaskets on closure devices; and
broken or missing hatches, access covers, caps, or other closure
devices.
(ii) The owner or operator
shall perform an initial inspection of the floating membrane cover and its
closure devices on or before the date that the surface impoundment becomes
subject to this section. Thereafter, the owner or operator shall perform the
inspections at least once every year except for the special conditions provided
for in paragraph (g) of this section.
(iii) In the event that a defect is detected,
the owner or operator shall repair the defect in accordance with the
requirements of paragraph (f) of this section.
(iv) The owner or operator shall maintain a
record of the inspection in accordance with the requirements specified in
§ 264.1089(c) of this subsection.
(d) The owner or operator who controls air
pollutant emissions from a surface impoundment using a cover vented to a
control device shall meet the requirements specified in paragraphs (d)(1)
through (d)(3) of this section.
(1) The
surface impoundment shall be covered by a cover and vented directly through a
closed-vent system to a control device in accordance with the following
requirements:
(i) The cover and its closure
devices shall be designed to form a continuous barrier over the entire surface
area of the liquid in the surface impoundment.
(ii) Each opening in the cover not vented to
the control device shall be equipped with a closure device. If the pressure in
the vapor headspace underneath the cover is less than atmospheric pressure when
the control device is operating, the closure devices shall be designed to
operate such that when the closure device is secured in the closed position
there are no visible cracks, holes, gaps, or other open spaces in the closure
device or between the perimeter of the cover opening and the closure device. If
the pressure in the vapor headspace underneath the cover is equal to or greater
than atmospheric pressure when the control device is operating, the closure
device shall be designed to operate with no detectable organic emissions using
the procedure specified in § 264.1083(d) of this subsection.
(iii) The cover and its closure devices shall
be made of suitable materials that will minimize exposure of the hazardous
waste to the atmosphere, to the extent practical, and will maintain the
integrity of the cover and closure devices throughout their intended service
life. Factors to be considered when selecting the materials of construction and
designing the cover and closure devices shall include: Organic vapor
permeability; the effects of any contact with the liquid or its vapors managed
in the surface impoundment; the effects of outdoor exposure to wind, moisture,
and sunlight; and the operating practices used for the surface impoundment on
which the cover is installed.
(iv)
The closed-vent system and control device shall be designed and operated in
accordance with the requirements of § 264.1087 of this
subsection.
(2) Whenever
a hazardous waste is in the surface impoundment, the cover shall be installed
with each closure device secured in the closed position and the vapor headspace
underneath the cover vented to the control device except as follows:
(i) Venting to the control device is not
required, and opening of closure devices or removal of the cover is allowed at
the following times:
(A) To provide access to
the surface impoundment for performing routine inspection, maintenance, or
other activities needed for normal operations. Examples of such activities
include those times when a worker needs to open a port to sample liquid in the
surface impoundment, or when a worker needs to open a hatch to maintain or
repair equipment. Following completion of the activity, the owner or operator
shall promptly secure the closure device in the closed position or reinstall
the cover, as applicable, to the surface impoundment.
(B) To remove accumulated sludge or other
residues from the bottom of the surface impoundment.
(ii) Opening of a safety device, as defined
in § 265.1081, is allowed at any time conditions require doing so to avoid
an unsafe condition.
(3)
The owner or operator shall inspect and monitor the air emission control
equipment in accordance with the following procedures:
(i) The surface impoundment cover and its
closure devices shall be visually inspected by the owner or operator to check
for defects that could result in air pollutant emissions. Defects include, but
are not limited to, visible cracks, holes, or gaps in the cover section seams
or between the interface of the cover edge and its foundation mountings;
broken, cracked, or otherwise damaged seals or gaskets on closure devices; and
broken or missing hatches, access covers, caps, or other closure
devices.
(ii) The closed-vent
system and control device shall be inspected and monitored by the owner or
operator in accordance with the procedures specified in § 264.1087 of this
subsection.
(iii) The owner or
operator shall perform an initial inspection of the air emission control
equipment on or before the date that the surface impoundment becomes subject to
this section. Thereafter, the owner or operator shall perform the inspections
at least once every year except for the special conditions provided for in
paragraph (g) of this section.
(iv)
In the event that a defect is detected, the owner or operator shall repair the
defect in accordance with the requirements of paragraph (f) of this
section.
(v) The owner or operator
shall maintain a record of the inspection in accordance with the requirements
specified in '264.1089(c) of this subsection.
(e) The owner or operator shall transfer
hazardous waste to a surface impoundment subject to this section in accordance
with the following requirements:
(1) Transfer
of hazardous waste, except as provided in paragraph (e)(2) of this section, to
the surface impoundment from another surface impoundment subject to this
section or from a tank subject to § 264.1084 of this subsection shall be
conducted using continuous hard-piping or another closed system that does not
allow exposure of the waste to the atmosphere. For the purpose of complying
with this provision, an individual drain system is considered to be a closed
system when it meets the requirements of 40 CFR part 63, subpart RR - National
Emission Standards for Individual Drain Systems.
(2) The requirements of paragraph (e)(1) of
this section do not apply when transferring a hazardous waste to the surface
impoundment under either of the following conditions:
(i) The hazardous waste meets the average VO
concentration conditions specified in § 264.1082(c)(1) of this subsection
at the point of waste origination.
(ii) The hazardous waste has been treated by
an organic destruction or removal process to meet the requirements in §
264.1082(c)(2) of this subsection.
(iii) The hazardous waste meets the
requirements of § 264.1082(c)(4) of this subsection.
(f) The owner or
operator shall repair each defect detected during an inspection performed in
accordance with the requirements of paragraph (c)(3) or (d)(3) of this section
as follows:
(1) The owner or operator shall
make first efforts at repair of the defect no later than 5 calendar days after
detection and repair shall be completed as soon as possible but no later than
45 calendar days after detection except as provided in paragraph (f)(2) of this
section.
(2) Repair of a defect may
be delayed beyond 45 calendar days if the owner or operator determines that
repair of the defect requires emptying or temporary removal from service of the
surface impoundment and no alternative capacity is available at the site to
accept the hazardous waste normally managed in the surface impoundment. In this
case, the owner or operator shall repair the defect the next time the process
or unit that is generating the hazardous waste managed in the surface
impoundment stops operation. Repair of the defect shall be completed before the
process or unit resumes operation.
(g) Following the initial inspection and
monitoring of the cover as required by the applicable provisions of this
subsection, subsequent inspection and monitoring may be performed at intervals
longer than 1 year in the case when inspecting or monitoring the cover would
expose a worker to dangerous, hazardous, or other unsafe conditions. In this
case, the owner or operator may designate the cover as an "unsafe to inspect
and monitor cover" and comply with all of the following requirements:
(1) Prepare a written explanation for the
cover stating the reasons why the cover is unsafe to visually inspect or to
monitor, if required.
(2) Develop
and implement a written plan and schedule to inspect and monitor the cover
using the procedures specified in the applicable section of this subsection as
frequently as practicable during those times when a worker can safely access
the cover.
§
264.1086
Standards: Containers
(a) The provisions of this section apply to
the control of air pollutant emissions from containers for which §
264.1082(b) of this subsection references the use of this section for such air
emission control.
(b) General
requirements.
(1) The owner or operator shall
control air pollutant emissions from each container subject to this section in
accordance with the following requirements, as applicable to the container,
except when the special provisions for waste stabilization processes specified
in paragraph (b)(2) of this section apply to the container.
(i) For a container having a design capacity
greater than 0.1 m3 and less than or equal to 0.46
m3, the owner or operator shall control air
pollutant emissions from the container in accordance with the Container Level 1
standards specified in paragraph (c) of this section.
(ii) For a container having a design capacity
greater than 0.46 m3 that is not in light material
service, the owner or operator shall control air pollutant emissions from the
container in accordance with the Container Level 1 standards specified in
paragraph (c) of this section.
(iii) For a container having a design
capacity greater than 0.46 m3 that is in light
material service, the owner or operator shall control air pollutant emissions
from the container in accordance with the Container Level 2 standards specified
in paragraph (d) of this section.
(2) When a container having a design capacity
greater than 0.1 m3 is used for treatment of a
hazardous waste by a waste stabilization process, the owner or operator shall
control air pollutant emissions from the container in accordance with the
Container Level 3 standards specified in paragraph (e) of this section at those
times during the waste stabilization process when the hazardous waste in the
container is exposed to the atmosphere.
(c) Container Level 1 standards.
(1) A container using Container Level 1
controls is one of the following:
(i) A
container that meets the applicable U.S. Department of Transportation (DOT)
regulations on packaging hazardous materials for transportation as specified in
paragraph (f) of this section.
(ii)
A container equipped with a cover and closure devices that form a continuous
barrier over the container openings such that when the cover and closure
devices are secured in the closed position there are no visible holes, gaps, or
other open spaces into the interior of the container. The cover may be a
separate cover installed on the container (e.g., a lid on a drum or a suitably
secured tarp on a roll-off box) or may be an integral part of the container
structural design (e.g., a "portable tank" or bulk cargo container equipped
with a screw-type cap).
(iii) An
open-top container in which an organic-vapor suppressing barrier is placed on
or over the hazardous waste in the container such that no hazardous waste is
exposed to the atmosphere. One example of such a barrier is application of a
suitable organic-vapor suppressing foam.
(2) A container used to meet the requirements
of paragraph (c)(1)(ii) or (c)(1)(iii) of this section shall be equipped with
covers and closure devices, as applicable to the container, that are composed
of suitable materials to minimize exposure of the hazardous waste to the
atmosphere and to maintain the equipment integrity for as long as the container
is in service. Factors to be considered in selecting the materials of
construction and designing the cover and closure devices shall include: Organic
vapor permeability, the effects of contact with the hazardous waste or its
vapor managed in the container; the effects of outdoor exposure of the closure
device or cover material to wind, moisture, and sunlight; and the operating
practices for which the container is intended to be used.
(3) Whenever a hazardous waste is in a
container using Container Level 1 controls, the owner or operator shall install
all covers and closure devices for the container, as applicable to the
container, and secure and maintain each closure device in the closed position
except as follows:
(i) Opening of a closure
device or cover is allowed for the purpose of adding hazardous waste or other
material to the container as follows:
(A) In
the case when the container is filled to the intended final level in one
continuous operation, the owner or operator shall promptly secure the closure
devices in the closed position and install the covers, as applicable to the
container, upon conclusion of the filling operation.
(B) In the case when discrete quantities or
batches of material intermittently are added to the container over a period of
time, the owner or operator shall promptly secure the closure devices in the
closed position and install covers, as applicable to the container, upon either
the container being filled to the intended final level; the completion of a
batch loading after which no additional material will be added to the container
within 15 minutes; the person performing the loading operation leaving the
immediate vicinity of the container; or the shutdown of the process generating
the material being added to the container, whichever condition occurs
first.
(ii) Opening of a
closure device or cover is allowed for the purpose of removing hazardous waste
from the container as follows:
(A) For the
purpose of meeting the requirements of this section, an empty container as
defined in § 261.7(b) may be open to the atmosphere at any time (i.e.,
covers and closure devices are not required to be secured in the closed
position on an empty container).
(B) In the case when discrete quantities or
batches of material are removed from the container but the container does not
meet the conditions to be an empty container as defined in § 261.7(b), the
owner or operator shall promptly secure the closure devices in the closed
position and install covers, as applicable to the container, upon the
completion of a batch removal after which no additional material will be
removed from the container within 15 minutes or the person performing the
unloading operation leaves the immediate vicinity of the container, whichever
condition occurs first.
(iii) Opening of a closure device or cover is
allowed when access inside the container is needed to perform routine
activities other than transfer of hazardous waste. Examples of such activities
include those times when a worker needs to open a port to measure the depth of
or sample the material in the container, or when a worker needs to open a
manhole hatch to access equipment inside the container. Following completion of
the activity, the owner or operator shall promptly secure the closure device in
the closed position or reinstall the cover, as applicable to the
container.
(iv) Opening of a
spring-loaded pressure-vacuum relief valve, conservation vent, or similar type
of pressure relief device which vents to the atmosphere is allowed during
normal operations for the purpose of maintaining the internal pressure of the
container in accordance with the container design specifications. The device
shall be designed to operate with no detectable organic emissions when the
device is secured in the closed position. The settings at which the device
opens shall be estab-lished such that the device remains in the closed position
whenever the internal pressure of the container is within the internal pressure
operating range determined by the owner or operator based on container
manufacturer recommen-dations, applicable regulations, fire protection and
prevention codes, standard engineering codes and practices, or other
requirements for the safe handling of flammable, ignitable, explosive,
reactive, or hazardous materials.
Examples of normal operating conditions that may require these devices to open are during those times when the internal pressure of the container exceeds the internal pressure operating range for the container as a result of loading operations or diurnal ambient temperature fluctuations.
(v) Opening of
a safety device, as defined in § 265.1081, is allowed at any time
conditions require doing so to avoid an unsafe condition.
(4) The owner or operator of containers using
Container Level 1 controls shall inspect the containers and their covers and
closure devices as follows:
(i) In the case
when a hazardous waste already is in the container at the time the owner or
operator first accepts possession of the container at the facility and the
container is not emptied within 24 hours after the container is accepted at the
facility (i.e., does not meet the conditions for an empty container as
specified in § 261.7(b)), the owner or operator shall visually inspect the
container and its cover and closure devices to check for visible cracks, holes,
gaps, or other open spaces into the interior of the container when the cover
and closure devices are secured in the closed position. The container visual
inspection shall be conducted on or before the date the container is accepted
at the facility (i.e., the date the container becomes subject to the subsection
CC container standards). For purposes of this requirement, the date of
acceptance is the date of signature that the facility owner or operator enters
on Item 20 of the Uniform Hazardous Waste Manifest (EPA Forms 8700-22 and
8700-22A), as required under subsection E of this section, at § 264.71. If
a defect is detected, the owner or operator shall repair the defect in
accordance with the requirements of paragraph (c)(4)(iii) of this
section.
(ii) In the case when a
container used for managing hazardous waste remains at the facility for a
period of 1 year or more, the owner or operator shall visually inspect the
container and its cover and closure devices initially and thereafter, at least
once every 12 months, to check for visible cracks, holes, gaps, or other open
spaces into the interior of the container when the cover and closure devices
are secured in the closed position. If a defect is detected, the owner or
operator shall repair the defect in accordance with the requirements of
paragraph (c)(4)(iii) of this section.
(iii) When a defect is detected for the
container, cover, or closure devices, the owner or operator shall make first
efforts at repair of the defect no later than 24 hours after detection and
repair shall be completed as soon as possible but no later than 5 calendar days
after detection. If repair of a defect cannot be completed within 5 calendar
days, then the hazardous waste shall be removed from the container and the
container shall not be used to manage hazardous waste until the defect is
repaired.
(5) The owner
or operator shall maintain at the facility a copy of the procedure used to
determine that containers with capacity of 0.46 m3
or greater, which do not meet applicable DOT regulations as specified in
paragraph (f) of this section, are not managing hazardous waste in light
material service.
(d)
Container Level 2 standards.
(1) A container
using Container Level 2 controls is one of the following:
(i) A container that meets the applicable
U.S. Department of Transportation (DOT) regulations on packaging hazardous
materials for transportation as specified in paragraph (f) of this
section.
(ii) A container that
operates with no detectable organic emissions as defined in § 265.1081 and
determined in accordance with the procedure specified in paragraph (g) of this
section.
(iii) A container that has
been demonstrated within the preceding 12 months to be vapor-tight by using 40
CFR part 60, Appendix A, Method 27 in accordance with the procedure specified
in paragraph (h) of this section.
(2) Transfer of hazardous waste in or out of
a container using Container Level 2 controls shall be conducted in such a
manner as to minimize exposure of the hazardous waste to the atmosphere, to the
extent practical, considering the physical properties of the hazardous waste
and good engineering and safety practices for handling flammable, ignitable,
explosive, reactive, or other hazardous materials. Examples of container
loading procedures that the EPA considers to meet the requirements of this
paragraph include using any one of the following: A submerged-fill pipe or
other submerged-fill method to load liquids into the container; a
vapor-balancing system or a vapor-recovery system to collect and control the
vapors displaced from the container during filling operations; or a fitted
opening in the top of a container through which the hazardous waste is filled
and subsequently purging the transfer line before removing it from the
container opening.
(3) Whenever a
hazardous waste is in a container using Container Level 2 controls, the owner
or operator shall install all covers and closure devices for the container, and
secure and maintain each closure device in the closed position except as
follows:
(i) Opening of a closure device or
cover is allowed for the purpose of adding hazardous waste or other material to
the container as follows:
(A) In the case when
the container is filled to the intended final level in one continuous
operation, the owner or operator shall promptly secure the closure devices in
the closed position and install the covers, as applicable to the container,
upon conclusion of the filling operation.
(B) In the case when discrete quantities or
batches of material intermittently are added to the container over a period of
time, the owner or operator shall promptly secure the closure devices in the
closed position and install covers, as applicable to the container, upon either
the container being filled to the intended final level; the completion of a
batch loading after which no additional material will be added to the container
within 15 minutes; the person performing the loading operation leaving the
immediate vicinity of the container; or the shutdown of the process generating
the material being added to the container, whichever condition occurs
first.
(ii) Opening of a
closure device or cover is allowed for the purpose of removing hazardous waste
from the container as follows:
(A) For the
purpose of meeting the requirements of this section, an empty container as
defined in § 261.7(b) may be open to the atmosphere at any time (i.e.,
covers and closure devices are not required to be secured in the closed
position on an empty container).
(B) In the case when discrete quantities or
batches of material are removed from the container but the container does not
meet the conditions to be an empty container as defined in § 261.7(b), the
owner or operator shall promptly secure the closure devices in the closed
position and install covers, as applicable to the container, upon the
completion of a batch removal after which no additional material will be
removed from the container within 15 minutes or the person performing the
unloading operation leaves the immediate vicinity of the container, whichever
condition occurs first.
(iii) Opening of a closure device or cover is
allowed when access inside the container is needed to perform routine
activities other than transfer of hazardous waste. Examples of such activities
include those times when a worker needs to open a port to measure the depth of
or sample the material in the container, or when a worker needs to open a
manhole hatch to access equipment inside the container. Following completion of
the activity, the owner or operator shall promptly secure the closure device in
the closed position or reinstall the cover, as applicable to the
container.
(iv) Opening of a
spring-loaded, pressure-vacuum relief valve, conservation vent, or similar type
of pressure relief device which vents to the atmosphere is allowed during
normal operations for the purpose of maintaining the internal pressure of the
container in accordance with the container design specifications. The device
shall be designed to operate with no detectable organic emission when the
device is secured in the closed position. The settings at which the device
opens shall be established such that the device remains in the closed position
whenever the internal pressure of the container is within the internal pressure
operating range determined by the owner or operator based on container
manufacturer recommen-dations, applicable regulations, fire protection and
prevention codes, standard engineering codes and practices, or other
requirements for the safe handling of flammable, ignitable, explosive,
reactive, or hazardous materials. Examples of normal operating conditions that
may require these devices to open are during those times when the internal
pressure of the container exceeds the internal pressure operating range for the
container as a result of loading operations or diurnal ambient temperature
fluctuations.
(v) Opening of a
safety device, as defined in § 265.1081, is allowed at any time conditions
require doing so to avoid an unsafe condition.
(4) The owner or operator of containers using
Container Level 2 controls shall inspect the containers and their covers and
closure devices as follows:
(i) In the case
when a hazardous waste already is in the container at the time the owner or
operator first accepts possession of the container at the facility and the
container is not emptied within 24 hours after the container is accepted at the
facility (i.e., does not meet the conditions for an empty container as
specified in § 261.7(b)), the owner or operator shall visually inspect the
container and its cover and closure devices to check for visible cracks, holes,
gaps, or other open spaces into the interior of the container when the cover
and closure devices are secured in the closed position. The container visual
inspection shall be conducted on or before the date that the container is
accepted at the facility (i.e., the date the container becomes subject to the
subsection CC container standards). For purposes of this requirement, the date
of acceptance is the date of signature that the facility owner or operator
enters on Item 20 of the Uniform Hazardous Waste Manifest (EPA Forms 8700-22
and 8700-22A), as required under subsection E of this section, at §
264.71. If a defect is detected, the owner or operator shall repair the defect
in accordance with the requirements of paragraph (d)(4)(iii) of this
section.
(ii) In the case when a
container used for managing hazardous waste remains at the facility for a
period of 1 year or more, the owner or operator shall visually inspect the
container and its cover and closure devices initially and thereafter, at least
once every 12 months, to check for visible cracks, holes, gaps, or other open
spaces into the interior of the container when the cover and closure devices
are secured in the closed position. If a defect is detected, the owner or
operator shall repair the defect in accordance with the requirements of
paragraph (d)(4)(iii) of this section.
(iii) When a defect is detected for the
container, cover, or closure devices, the owner or operator shall make first
efforts at repair of the defect no later than 24 hours after detection, and
repair shall be completed as soon as possible but no later than 5 calendar days
after detection. If repair of a defect cannot be completed within 5 calendar
days, then the hazardous waste shall be removed from the container and the
container shall not be used to manage hazardous waste until the defect is
repaired.
(e)
Container Level 3 standards.
(1) A container
using Container Level 3 controls is one of the following:
(i) A container that is vented directly
through a closed-vent system to a control device in accordance with the
requirements of paragraph (e)(2)(ii) of this section.
(ii) A container that is vented inside an
enclosure which is exhausted through a closed-vent system to a control device
in accordance with the requirements of paragraphs (e)(2)(i) and (e)(2)(ii) of
this section.
(2) The
owner or operator shall meet the following requirements, as applicable to the
type of air emission control equipment selected by the owner or operator:
(i) The container enclosure shall be designed
and operated in accordance with the criteria for a permanent total enclosure as
specified in "Procedure T - Criteria for and Verification of a Permanent or
Temporary Total Enclosure" under
40
CFR 52.741, Appendix B. The enclosure may
have permanent or temporary openings to allow worker access; passage of
containers through the enclosure by conveyor or other mechanical means; entry
of permanent mechanical or electrical equipment; or direct airflow into the
enclosure. The owner or operator shall perform the verification procedure for
the enclosure as specified in Section 5.0 to "Procedure T - Criteria for and
Verification of a Permanent or Temporary Total Enclosure" initially when the
enclosure is first installed and, thereafter, annually.
(ii) The closed-vent system and control
device shall be designed and operated in accordance with the requirements of
§ 264.1087 of this subsection.
(3) Safety devices, as defined in §
265.1081, may be installed and operated as necessary on any container,
enclosure, closed-vent system, or control device used to comply with the
requirements of paragraph(e)(1) of this section.
(4) Owners and operators using Container
Level 3 controls in accordance with the provisions of this subsection shall
inspect and monitor the closed-vent systems and control devices as specified in
§ 264.1087 of this subsection.
(5) Owners and operators that use Container
Level 3 controls in accordance with the provisions of this subsection shall
prepare and maintain the records specified in § 264.1089(d) of this
subsection.
(6) Transfer of
hazardous waste in or out of a container using Container Level 3 controls shall
be conducted in such a manner as to minimize exposure of the hazardous waste to
the atmosphere, to the extent practical, considering the physical properties of
the hazardous waste and good engineering and safety practices for handling
flammable, ignitable, explosive, reactive, or other hazardous materials.
Examples of container loading procedures that the Division considers to meet
the requirements of this paragraph include using any one of the following: A
submerged-fill pipe or other submerged-fill method to load liquids into the
container; a vapor-balancing system or a vapor-recovery system to collect and
control the vapors displaced from the container during filling operations; or a
fitted opening in the top of a container through which the hazardous waste is
filled and subsequently purging the transfer line before removing it from the
container opening.
(f)
For the purpose of compliance with paragraph (c)(1)(i) or (d)(1)(i) of this
section, containers shall be used that meet the applicable U.S. Department of
Transportation (DOT) regulations on packaging hazardous materials for
transportation as follows:
(1) The container
meets the applicable requirements specified in 49 CFR part 178 -Specifications
for Packaging or 49 CFR part 179 - Specifications for Tank Cars.
(2) Hazardous waste is managed in the
container in accordance with the applicable requirements specified in 49 CFR
part 107, subpart B - Exemptions; 49 CFR part 172 -Hazardous Materials Table,
Special Provisions, Hazardous Materials Communications, Emergency Response
Information, and Training Requirements; 49 CFR part 173 - Shippers -General
Requirements for Shipments and Packages; and 49 CFR part 180 - Continuing
Qualification and Maintenance of Packagings.
(3) For the purpose of complying with this
subsection, no exceptions to the 49 CFR part 178 or part 179 regulations are
allowed except as provided for in paragraph (f)(4) of this section.
(4) For a lab pack that is managed in
accordance with the requirements of 49 CFR part 178 for the purpose of
complying with this subpart, an owner or operator may comply with the
exceptions for combination packagings specified in
49 CFR
173.12(b).
(g) To determine compliance with
the no detectable organic emissions requirement of paragraph (d)(1)(ii) of this
section, the procedure specified in § 264.1083(d) of this subsection shall
be used.
(1) Each potential leak interface
(i.e., a location where organic vapor leakage could occur) on the container,
its cover, and associated closure devices, as applicable to the container,
shall be checked. Potential leak interfaces that are associated with containers
include, but are not limited to: The interface of the cover rim and the
container wall; the periphery of any opening on the container or container
cover and its associated closure device; and the sealing seat interface on a
spring-loaded pressure-relief valve.
(2) The test shall be performed when the
container is filled with a material having a volatile organic concentration
representative of the range of volatile organic concentrations for the
hazardous wastes expected to be managed in this type of container. During the
test, the container cover and closure devices shall be secured in the closed
position.
(h) Procedure
for determining a container to be vapor-tight using Method 27 of 40 CFR part
60, Appendix A for the purpose of complying with paragraph (d)(1)(iii) of this
section.
(1) The test shall be performed in
accordance with Method 27 of 40 CFR part 60, Appendix A.
(2) A pressure measurement device shall be
used that has a precision of D D D 2.5 mm water and that is capable of
measuring above the pressure at which the container is to be tested for vapor
tightness.
(3) If the test results
determined by Method 27 indicate that the container sustains a pressure change
less than or equal to 750 Pascals within 5 minutes after it is pressurized to a
minimum of 4,500 Pascals, then the container is determined to be
vapor-tight.
§
264.1087
Standards: Closed-vent systems and control
devices
(a) This section applies to
each closed-vent system and control device installed and operated by the owner
or operator to control air emissions in accordance with standards of this
subsection.
(b) The closed-vent
system shall meet the following requirements:
(1) The closed-vent system shall route the
gases, vapors, and fumes emitted from the hazardous waste in the waste
management unit to a control device that meets the requirements specified in
paragraph (c) of this section.
(2)
The closed-vent system shall be designed and operated in accordance with the
requirements specified in § 264.1033(k) of this part.
(3) In the case when the closed-vent system
includes bypass devices that could be used to divert the gas or vapor stream to
the atmosphere before entering the control device, each bypass device shall be
equipped with either a flow indicator as specified in paragraph (b)(3)(i) of
this section or a seal or locking device as specified in paragraph (b)(3)(ii)
of this section. For the purpose of complying with this paragraph, low leg
drains, high point bleeds, analyzer vents, open-ended valves or lines,
spring-loaded pressure relief valves, and other fittings used for safety
purposes are not considered to be bypass devices.
(i) If a flow indicator is used to comply
with paragraph (b)(3) of this section, the indicator shall be installed at the
inlet to the bypass line used to divert gases and vapors from the closed-vent
system to the atmosphere at a point upstream of the control device inlet. For
this paragraph, a flow indicator means a device which indicates the presence of
either gas or vapor flow in the bypass line.
(ii) If a seal or locking device is used to
comply with paragraph (b)(3) of this section, the device shall be placed on the
mechanism by which the bypass device position is controlled (e.g., valve
handle, damper lever) when the bypass device is in the closed position such
that the bypass device cannot be opened without breaking the seal or removing
the lock. Examples of such devices include, but are not limited to, a car-seal
or a lock-and-key configuration valve. The owner or operator shall visually
inspect the seal or closure mechanism at least once every month to verify that
the bypass mechanism is maintained in the closed position.
(4) The closed-vent system shall be inspected
and monitored by the owner or operator in accordance with the procedure
specified in § 264.1033(l).
(c) The control device shall meet the
following requirements:
(1) The control
device shall be one of the following devices:
(i) A control device designed and operated to
reduce the total organic content of the inlet vapor stream vented to the
control device by at least 95 percent by weight;
(ii) An enclosed combustion device designed
and operated in accordance with the requirements of § 264.1033(c) of this
part; or
(iii) A flare designed and
operated in accordance with the requirements of § 264.1033(d) of this
part.
(2) The owner or
operator who elects to use a closed-vent system and control device to comply
with the requirements of this section shall comply with the requirements
specified in paragraphs (c)(2)(i) through (c)(2)(vi) of this section.
(i) Periods of planned routine maintenance of
the control device, during which the control device does not meet the
specifications of paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this
section, as applicable, shall not exceed 240 hours per year.
(ii) The specifications and requirements in
paragraphs (c)(1)(i), (c)(1)(ii), and (c)(1)(iii) of this section for control
devices do not apply during periods of planned routine maintenance.
(iii) The specifications and requirements in
paragraphs (c)(1)(i), (c)(1)(ii), and (c)(1)(iii) of this section for control
devices do not apply during a control device system malfunction.
(iv) The owner or operator shall demonstrate
compliance with the requirements of paragraph (c)(2)(i) of this section (i.e.,
planned routine maintenance of a control device, during which the control
device does not meet the specifications of paragraphs (c)(1)(i), (c)(1)(ii), or
(c)(1)(iii) of this section, as applicable, shall not exceed 240 hours per
year) by recording the information specified in § 264.1089(e)(1)(v) of
this subsection.
(v) The owner or
operator shall correct control device system malfunctions as soon as
practicable after their occurrence in order to minimize excess emissions of air
pollutants.
(vi) The owner or
operator shall operate the closed-vent system such that gases, vapors, or fumes
are not actively vented to the control device during periods of planned
maintenance or control device system malfunction (i.e., periods when the
control device is not operating or not operating normally) except in cases when
it is necessary to vent the gases, vapors, and/or fumes to avoid an unsafe
condition or to implement malfunction corrective actions or planned maintenance
actions.
(3) The owner or
operator using a carbon adsorption system to comply with paragraph (c)(1) of
this section shall operate and maintain the control device in accordance with
the following requirements:
(i) Following the
initial startup of the control device, all activated carbon in the control
device shall be replaced with fresh carbon on a regular basis in accordance
with the requirements of § 264.1033(g) or § 264.1033(h) of this
part.
(ii) All carbon that is a
hazardous waste and that is removed from the control device shall be managed in
accordance with the requirements of § 264.1033(n), regardless of the
average volatile organic concentration of the carbon.
(4) An owner or operator using a control
device other than a thermal vapor incinerator, flare, boiler, process heater,
condenser, or carbon adsorption system to comply with paragraph (c)(1) of this
section shall operate and maintain the control device in accordance with the
requirements of § 264.1033(j) of this part.
(5) The owner or operator shall demonstrate
that a control device achieves the performance requirements of paragraph (c)(1)
of this section as follows:
(i) An owner or
operator shall demonstrate using either a performance test as specified in
paragraph (c)(5)(iii) of this section or a design analysis as specified in
paragraph (c)(5)(iv) of this section the performance of each control device
except for the following:
(A) A
flare;
(B) A boiler or process
heater with a design heat input capacity of 44 megawatts or greater;
(C) A boiler or process heater into which the
vent stream is introduced with the primary fuel;
(D) A boiler or industrial furnace burning
hazardous waste for which the owner or operator has been issued a final permit
under § 270 and has designed and operates the unit in accordance with the
requirements of § 266, subsection H; or
(E) A boiler or industrial furnace burning
hazardous waste for which the owner or operator has designed and operates in
accordance with the interim status requirements of § 266, subsection
H.
(ii) An owner or
operator shall demonstrate the performance of each flare in accordance with the
requirements specified in § 264.1033(e).
(iii) For a performance test conducted to
meet the requirements of paragraph (c)(5)(i) of this section, the owner or
operator shall use the test methods and procedures specified in §
264.1034(c)(1) through (c)(4).
(iv)
For a design analysis conducted to meet the requirements of paragraph (c)(5)(i)
of this section, the design analysis shall meet the requirements specified in
§ 264.1035 (b)(4)(iii).
(v)
The owner or operator shall demonstrate that a carbon adsorption system
achieves the performance requirements of paragraph (c)(1) of this section based
on the total quantity of organics vented to the atmosphere from all carbon
adsorption system equipment that is used for organic adsorption, organic
desorption or carbon regeneration, organic recovery, and carbon
disposal.
(6) If the
owner or operator and the Director do not agree on a demonstration of control
device performance using a design analysis then the disagreement shall be
resolved using the results of a performance test performed by the owner or
operator in accordance with the requirements of paragraph (c)(5)(iii) of this
section. The Director may choose to have an authorized representative observe
the performance test.
(7) The
closed vent system and control device shall be inspected and monitored by the
owner or operator in accordance with the procedures specified in §
264.1033(f)(2) and § 264.1033(l). The readings from each monitoring device
required by § 264.1033(f)(2) shall be inspected at least once each
operating day to check control device operation. Any necessary corrective
measures shall be immediately implemented to ensure the control device is
operated in compliance with the requirements of this section.
§ 264.1088
Inspection and monitoring requirements
(a) The owner or operator shall inspect and
monitor air emission control equipment used to comply with this subsection in
accordance with the applicable require-ments specified in § 264.1084
through § 264.1087 of this subsection.
(b) The owner or operator shall develop and
implement a written plan and schedule to perform the inspections and monitoring
required by paragraph (a) of this section. The owner or operator shall
incorporate this plan and schedule into the facility inspection plan required
under § 264.15.
§
264.1089
Recordkeeping requirements
(a) Each owner or operator of a facility
subject to requirements in this subsection shall record and maintain the
information specified in paragraphs (b) through (j) of this section, as
applicable to the facility. Except for air emission control equipment design
documentation and information required by paragraphs (i) and (j) of this
section, records required by this section shall be maintained in the operating
record for a minimum of 3 years. Air emission control equipment design
documentation shall be maintained in the operating record until the air
emission control equipment is replaced or otherwise no longer in service.
Information required by paragraph (i) and (j) of this section shall be
maintained in the operating record for as long as the waste management unit is
not using air emission controls specified in §§ 264.1080(d) or §
264.1080(b)(7)of this subsection in accordance with the conditions specified in
§ 264.1084(d) of this subsection, respectively.
(b) The owner or operator of a tank using air
emission controls in accordance with the requirements of § 264.1084 of
this subsection shall prepare and maintain records for the tank that include
the following information:
(1) For each tank
using air emission controls in accordance with the requirements of §
264.1084 of this subsection, the owner or operator shall record:
(i) A tank identification number (or other
unique identification description as selected by the owner or
operator).
(ii) A record for each
inspection required by § 264.1084 of this subsection that includes the
following information:
(A) Date inspection was
conducted.
(B) For each defect
detected during the inspection: The location of the defect, a description of
the defect, the date of detection, and corrective action taken to repair the
defect. In the event that repair of the defect is delayed in accordance with
the provisions of § 264.1084 of this subsection, the owner or operator
shall also record the reason for the delay and the date that completion of
repair of the defect is expected.
(2) In addition to the information required
by paragraph (b)(1) of this section, the owner or operator shall record the
following information, as applicable to the tank:
(i) The owner or operator using a fixed roof
to comply with the Tank Level 1 control requirements specified in §
264.1084(c) of this subsection shall prepare and maintain records for each
determination for the maximum organic vapor pressure of the hazardous waste in
the tank performed in accordance with the requirements of § 264.1084(c) of
this subsection. The records shall include the date and time the samples were
collected, the analysis method used, and the analysis results.
(ii) The owner or operator using an internal
floating roof to comply with the Tank Level 2 control requirements specified in
§ 264.1084(e) of this subsection shall prepare and maintain documentation
describing the floating roof design.
(iii) Owners and operators using an external
floating roof to comply with the Tank Level 2 control requirements specified in
§ 264.1084(f) of this subsection shall prepare and maintain the following
records:
(A) Documentation describing the
floating roof design and the dimensions of the tank.
(B) Records for each seal gap inspection
required by § 264.1084(f)(3) of this subsection describing the results of
the seal gap measurements. The records shall include the date that the
measurements were performed, the raw data obtained for the measurements, and
the calculations of the total gap surface area. In the event that the seal gap
measurements do not conform to the specifications in § 264.1084(f)(1) of
this subsection, the records shall include a description of the repairs that
were made, the date the repairs were made, and the date the tank was emptied,
if necessary.
(iv) Each
owner or operator using an enclosure to comply with the Tank Level 2 control
requirements specified in § 264.1084(i) of this subsection shall prepare
and maintain the following records:
(A)
Records for the most recent set of calculations and measurements performed by
the owner or operator to verify that the enclosure meets the criteria of a
permanent total enclosure as specified in "Procedure T - Criteria for and
Verification of a Permanent or Temporary Total Enclosure" under
40
CFR 52.741, Appendix B.
(B) Records required for the closed-vent
system and control device in accordance with the requirements of paragraph (e)
of this section.
(c) The owner or operator of a surface
impoundment using air emission controls in accordance with the requirements of
§ 264.1085 of this subsection shall prepare and maintain records for the
surface impoundment that include the following information:
(1) A surface impoundment identification
number (or other unique identification description as selected by the owner or
operator).
(2) Documentation
describing the floating membrane cover or cover design, as applicable to the
surface impoundment, that includes information prepared by the owner or
operator or provided by the cover manufacturer or vendor describing the cover
design, and certification by the owner or operator that the cover meets the
specifications listed in § 264.1085(c) of this subsection.
(3) A record for each inspection required by
§ 264.1085 of this subsection that includes the following information:
(i) Date inspection was conducted.
(ii) For each defect detected during the
inspection the following information: The location of the defect, a description
of the defect, the date of detection, and corrective action taken to repair the
defect. In the event that repair of the defect is delayed in accordance with
the provisions of § 264.1085(f) of this subsection, the owner or operator
shall also record the reason for the delay and the date that completion of
repair of the defect is expected.
(4) For a surface impoundment equipped with a
cover and vented through a closed-vent system to a control device, the owner or
operator shall prepare and maintain the records specified in paragraph (e) of
this section.
(d) The
owner or operator of containers using Container Level 3 air emission controls
in accordance with the requirements of § 264.1086 of this subsection shall
prepare and maintain records that include the following information:
(1) Records for the most recent set of
calculations and measurements performed by the owner or operator to verify that
the enclosure meets the criteria of a permanent total enclosure as specified in
"Procedure T - Criteria for and Verification of a Permanent or Temporary Total
Enclosure" under
40
CFR 52.741, Appendix B.
(2) Records required for the closed-vent
system and control device in accordance with the requirements of paragraph (e)
of this section.
(e) The
owner or operator using a closed-vent system and control device in accordance
with the requirements of § 264.1087 of this subsection shall prepare and
maintain records that include the following information:
(1) Documentation for the closed-vent system
and control device that includes:
(i)
Certification that is signed and dated by the owner or operator stating that
the control device is designed to operate at the performance level documented
by a design analysis as specified in paragraph (e)(1)(ii) of this section or by
performance tests as specified in paragraph (e)(1)(iii) of this section when
the tank, surface impound-ment, or container is or would be operating at
capacity or the highest level reasonably expected to occur.
(ii) If a design analysis is used, then
design documentation as specified in
40 CFR
264.1035(b)(4). The
documentation shall include information prepared by the owner or operator or
provided by the control device manufacturer or vendor that describes the
control device design in accordance with § 264.1035(b)(4)(iii) and
certification by the owner or operator that the control equipment meets the
applicable specifications.
(iii) If
performance tests are used, then a performance test plan as specified in §
264.1035(b)(3) and all test results.
(iv) Information as required by §
264.1035(c)(1) and § 264.1035(c)(2), as applicable.
(v) An owner or operator shall record, on a
semiannual basis, the information specified in paragraphs (e)(1)(v)(A) and
(e)(1)(v)(B) of this section for those planned routine maintenance operations
that would require the control device not to meet the requirements of §
264.1087(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this subsection, as
applicable.
(A) A description of the planned
routine maintenance that is anticipated to be performed for the control device
during the next 6-month period. This description shall include the type of
maintenance necessary, planned frequency of maintenance, and lengths of
maintenance periods.
(B) A
description of the planned routine maintenance that was performed for the
control device during the previous 6-month period. This description shall
include the type of maintenance performed and the total number of hours during
those 6 months that the control device did not meet the requirements of §
264.1087(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this subsection, as
applicable, due to planned routine maintenance.
(vi) An owner or operator shall record the
information specified in paragraphs (e)(1)(vi)(A) through (e)(1)(vi)(C) of this
section for those unexpected control device system malfunctions that would
require the control device not to meet the requirements of §
264.1087(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this subsection, as
applicable.
(A) The occurrence and duration of
each malfunction of the control device system.
(B) The duration of each period during a
malfunction when gases, vapors, or fumes are vented from the waste management
unit through the closed-vent system to the control device while the control
device is not properly functioning.
(C) Actions taken during periods of
malfunction to restore a malfunctioning control device to its normal or usual
manner of operation.
(vii) Records of the management of carbon
removed from a carbon adsorption system conducted in accordance with §
264.1087 (c)(3)(ii) of this subsection.
(f) The owner or operator of a tank, surface
impoundment, or container exempted from standards in accordance with the
provisions of § 264.1082(c) of this subsection shall prepare and maintain
the following records, as applicable:
(1) For
tanks, surface impoundments, or containers exempted under the hazardous waste
organic concentration conditions specified in § 264.1082(c)(1) or (c)(2)
of this subsection, the owner or operator shall record the information used for
each waste determination (e.g., test results, measurements, calculations, and
other documentation) in the facility operating log. If analysis results for
waste samples are used for the waste determination, then the owner or operator
shall record the date, time, and location that each waste sample is collected
in accordance with applicable requirements of § 264.1083 of this
subsection.
(2) For tanks, surface
impoundments, or containers exempted under the provisions of §
264.1082(c)(2)(vii) or § 264.1082(c)(2)(viii) of this subsection, the
owner or operator shall record the identification number for the incinerator,
boiler, or industrial furnace in which the hazardous waste is
treated.
(g) An owner or
operator designating a cover as "unsafe to inspect and monitor" pursuant to
§ 264.1084(l) or § 264.1085(g) of this subsection shall record in a
log that is kept in the facility operating record the following information:
The identification numbers for waste management units with covers that are
designated as "unsafe to inspect and monitor," the explanation for each cover
stating why the cover is unsafe to inspect and monitor, and the plan and
schedule for inspecting and monitoring each cover.
(h) The owner or operator of a facility that
is subject to this subsection and to the control device standards in 40 CFR
part 60, subpart VV, or 40 CFR part 61, subpart V, may elect to demonstrate
compliance with the applicable sections of this subsection by documentation
either pursuant to this subsection, or pursuant to the provisions of 40 CFR
part 60, subpart VV or 40 CFR part 61, subpart V, to the extent that the
documentation required by 40 CFR parts 60 or 61 duplicates the documentation
required by this section.
(i) For
each tank or container not using air emission controls specified in
§§ 264.1084 through 264.1087 of this subsection in accordance with
the conditions specified in § 264.1080(d) of this subsection, the owner or
operator shall record and maintain the following information:
(1) A list of the individual organic peroxide
compounds manufactured at the facility that meet the conditions specified in
§ 264.1080(d)(1).
(2) A
description of how the hazardous waste containing the organic peroxide
compounds identified in paragraph (i)(1) of this section are managed at the
facility in tanks and containers. This description shall include:
(i) For the tanks used at the facility to
manage this hazardous waste, sufficient information shall be provided to
describe for each tank: A facility identification number for the tank; the
purpose and placement of this tank in the management train of this hazardous
waste; and the procedures used to ultimately dispose of the hazardous waste
managed in the tanks.
(ii) For
containers used at the facility to manage these hazardous wastes, sufficient
information shall be provided to describe: A facility identification number for
the container or group of containers; the purpose and placement of this
container, or group of containers, in the management train of this hazardous
waste; and the procedures used to ultimately dispose of the hazardous waste
handled in the containers.
(3) An explanation of why managing the
hazardous waste containing the organic peroxide compounds identified in
paragraph (i)(1) of this section in the tanks and containers as described in
paragraph (i)(2) of this section would create an undue safety hazard if the air
emission controls, as required under §§ 264.1084 through 264.1087 of
this subsection, are installed and operated on these waste management units.
This explanation shall include the following information:
(i) For tanks used at the facility to manage
these hazardous wastes, sufficient information shall be provided to explain:
How use of the required air emission controls on the tanks would affect the
tank design features and facility operating procedures currently used to
prevent an undue safety hazard during the management of this hazardous waste in
the tanks; and why installation of safety devices on the required air emission
controls, as allowed under this subsection, will not address those situations
in which evacuation of tanks equipped with these air emission controls is
necessary and consistent with good engineering and safety practices for
handling organic peroxides.
(ii)
For containers used at the facility to manage these hazardous wastes,
sufficient information shall be provided to explain: How use of the required
air emission controls on the containers would affect the container design
features and handling procedures currently used to prevent an undue safety
hazard during the manage-ment of this hazardous waste in the containers; and
why installation of safety devices on the required air emission controls, as
allowed under this subsection, will not address those situations in which
evacuation of containers equipped with these air emission controls is necessary
and consistent with good engineering and safety practices for handling organic
peroxides.
(j)
For each hazardous waste management unit not using air emission controls
specified in §§ 264.1084 through 264.1087 of this subsection in
accordance with the requirements of § 264.1080(b)(7) of this subsection,
the owner and operator shall record and maintain the following information:
(1) Certification that the waste management
unit is equipped with and operating air emission controls in accordance with
the requirements of an applicable Clean Air Act regulation codified under 40
CFR part 60, part 61, or part 63.
(2) Identification of the specific
requirements codified under 40 CFR part 60, part 61, or part 63 with which the
waste management unit is in compliance.
§ 264.1090
Reporting
requirements
(a) Each owner or operator
managing hazardous waste in a tank, surface impoundment, or container exempted
from using air emission controls under the provisions of § 264.1082(c)
shall report to the Director each occurrence when hazardous waste is placed in
the waste management unit in noncompliance with the conditions specified in
§ 264.1082(c)(1) or (c)(2) of this subsection, as applicable. Examples of
such occurrences include placing in the waste management unit a hazardous waste
having an average VO concentration equal to or greater than 500 ppmw at the
point of waste origination; or placing in the waste management unit a treated
hazardous waste which fails to meet the applicable conditions specified in
§ 264.1082(c)(2)(i) through (c)(2)(vi) of this subsection. The owner or
operator shall submit a written report within 15 calendar days of the time that
the owner or operator becomes aware of the occurrence. The written report shall
contain the EPA identification number, facility name and address, a description
of the noncompliance event and the cause, the dates of the noncompliance, and
the actions taken to correct the noncompliance and prevent reoccurrence of the
noncompliance. The report shall be signed and dated by an authorized
representative of the owner or operator.
(b) Each owner or operator using air emission
controls on a tank in accordance with the requirements § 264.1084(c) of
this subsection shall report to the Director each occurrence when hazardous
waste is managed in the tank in noncompliance with the conditions specified in
§ 264.1084(c)(1) through (c)(4) of this subsection. The owner or operator
shall submit a written report within 15 calendar days of the time that the
owner or operator becomes aware of the occurrence. The written report shall
contain the EPA identification number, facility name and address, a description
of the noncompliance event and the cause, the dates of the noncompliance, and
the actions taken to correct the noncompliance and prevent reoccurrence of the
noncompliance. The report shall be signed and dated by an authorized
representative of the owner or operator.
(c) Each owner or operator using a control
device in accordance with the requirements of § 264.1087 of this
subsection shall submit a semiannual written report to the Director except as
provided for in paragraph (d) of this section. The report shall describe each
occurrence during the previous 6-month period when either:
(1) A control device is operated continuously
for 24 hours or longer in noncompliance with the applicable operating values
defined in § 264.1035(c)(4); or
(2) A flare is operated with visible
emissions for 5 minutes or longer in a two-hour period, as defined in §
264.1033(d).
The written report shall include the EPA identification number, facility name and address, and an explanation why the control device could not be returned to compliance within 24 hours, and actions taken to correct the noncompliance. The report shall be signed and dated by an authorized representative of the owner or operator.
(d) A report to the Director in accordance
with the requirements of paragraph (c) of this section is not required for a
6-month period during which all control devices subject to this subsection are
operated by the owner or operator such that:
(1) During no period of 24 hours or longer
did a control device operate continuously in noncompliance with the applicable
operating values defined in § 264.1035(c)(4); and
(2) No flare was operated with visible
emissions for 5 minutes or longer in a two-hour period, as defined in §
264.1033(d).
Subsection DD
-- Containment
Buildings
§ 264.1100
Applicability
The requirements of this subsection apply to owners or operators who store or treat hazardous waste in units designed and operated under § 264.1101 of this subpart. The owner or operator is not subject to the definition of land disposal in RCRA section 3004(k) provided that the unit:
(a) Is a completely enclosed,
self-supporting structure that is designed and constructed of manmade materials
of sufficient strength and thickness to support themselves, the waste contents,
and any personnel and heavy equipment that operate within the unit, and to
prevent failure due to pressure gradients, settlement, compression, or uplift,
physical contact with the hazardous wastes to which they are exposed; climatic
conditions; and the stresses of daily operation, including the movement of
heavy equipment within the unit and contact of such equipment with containment
walls;
(b) Has a primary barrier
that is designed to be sufficiently durable to withstand the movement of
personnel, wastes, and handling equipment within the unit;
(c) If the unit is used to manage liquids,
has:
(1) A primary barrier designed and
constructed of materials to prevent migration of hazardous constituents into
the barrier;
(2) A liquid
collection system designed and constructed of materials to minimize the
accumulation of liquid on the primary barrier; and
(3) A secondary containment system designed
and constructed of materials to prevent migration of hazardous constituents
into the barrier, with a leak detection and liquid collection system capable of
detecting, collecting, and removing leaks of hazardous constituents at the
earliest practicable time, unless the unit has been granted a variance from the
secondary containment system requirements under §
264.1101(b)(4);
(d) Has
controls sufficient to prevent fugitive dust emissions to meet the no visible
emission standard in § 264.1101(c)(1)(iv); and
(e) Is designed and operated to ensure
containment and prevent the tracking of materials from the unit by personnel or
equipment.
§
264.1101
Design and operating standards
(a) All containment buildings must comply
with the following design standards:
(1) The
containment building must be completely enclosed with a floor, walls, and a
roof to prevent exposure to the elements, (e.g., precipitation, wind, run-on),
and to assure containment of managed wastes.
(2) The floor and containment walls of the
unit, including the secondary containment system if required under paragraph
(b) of this section, must be designed and constructed of materials of
sufficient strength and thickness to support themselves, the waste contents,
and any personnel and heavy equipment that operate within the unit, and to
prevent failure due to pressure gradients, settlement, compression, or uplift,
physical contact with the hazardous wastes to which they are exposed; climatic
conditions; and the stresses of daily operation, including the movement of
heavy equipment within the unit and contact of such equipment with containment
walls. The unit must be designed so that it has sufficient structural strength
to prevent collapse or other failure. All surfaces to be in contact with
hazardous wastes must be chemically compatible with those wastes. The Division
will consider standards established by professional organizations generally
recognized by the industry such as the American Concrete Institute (ACI) and
the American Society of Testing Materials (ASTM) in judging the structural
integrity requirements of this paragraph. If appropriate to the nature of the
waste management operation to take place in the unit, an exception to the
structural strength requirement may be made for light-weight doors and windows
that meet these criteria:
(i) They provide an
effective barrier against fugitive dust emissions under paragraph (c)(1)(iv);
and
(ii) The unit is designed and
operated in a fashion that assures that wastes will not actually come in
contact with these openings.
(3) Incompatible hazardous wastes or
treatment reagents must not be placed in the unit or its secondary containment
system if they could cause the unit or secondary containment system to leak,
corrode, or otherwise fail.
(4) A
containment building must have a primary barrier designed to withstand the
movement of personnel, waste, and handling equipment in the unit during the
operating life of the unit and appropriate for the physical and chemical
characteristics of the waste to be managed.
(b) For a containment building used to manage
hazardous wastes containing free liquids or treated with free liquids (the
presence of which is determined by the paint filter test, a visual examination,
or other appropriate means), the owner or operator must include:
(1) A primary barrier designed and
constructed of materials to prevent the migration of hazardous constituents
into the barrier (e.g., a geomembrane covered by a concrete wear
surface).
(2) A liquid collection
and removal system to minimize the accumulation of liquid on the primary
barrier of the containment building:
(i) The
primary barrier must be sloped to drain liquids to the associated collection
system; and
(ii) Liquids and waste
must be collected and removed to minimize hydraulic head on the containment
system at the earliest practicable time.
(3) A secondary containment system including
a secondary barrier designed and constructed to prevent migration of hazardous
constituents into the barrier, and a leak detection system that is capable of
detecting failure of the primary barrier and collecting accumulated hazardous
wastes and liquids at the earliest practicable time.
(i) The requirements of the leak detection
component of the secondary containment system are satisfied by installation of
a system that is, at a minimum:
(A)
Constructed with a bottom slope of 1 percent or more; and
(B) Constructed of a granular drainage
material with a hydraulic conductivity of 1 X 10-2
cm/sec or more and a thickness of 12 inches (30.5 cm) or more, or constructed
of synthetic or geonet drainage materials with a transmissivity of 3 X
10-5 m2/sec or
more.
(ii) If treatment
is to be conducted in the building, an area in which such treatment will be
conducted must be designed to prevent the release of liquids, wet materials, or
liquid aerosols to other portions of the building.
(iii) The secondary containment system must
be constructed of materials that are chemically resistant to the waste and
liquids managed in the containment building and of sufficient strength and
thickness to prevent collapse under the pressure exerted by overlaying
materials and by any equipment used in the containment building.
(Containment buildings can serve as secondary containment systems for tanks placed within the building under certain conditions. A containment building can serve as an external liner system for a tank, provided it meets the requirements of § 264.193(e)(1). In addition, the containment building must meet the requirements of § 264.193(b) and §§ 264.193(c) (1) and (2) to be considered an acceptable secondary containment system for a tank.)
(4) For existing units other than 90-day
generator units, the Director may delay the secondary containment requirement
for up to two years, based on a demonstration by the owner or operator that the
unit substantially meets the standards of this subpart. In making this
demonstration, the owner or operator must:
(i) Provide written notice to the Director of
their request by November 16, 1992. This notification must describe the unit
and its operating practices with specific reference to the performance of
existing containment systems, and specific plans for retrofitting the unit with
secondary containment;
(ii) Respond
to any comments from the Director on these plans within 30 days; and
(iii) Fulfill the terms of the revised plans,
if such plans are approved by the Director.
(c) Owners or operators of all containment
buildings must:
(1) Use controls and practices
to ensure containment of the hazardous waste within the unit; and, at a
minimum:
(i) Maintain the primary barrier to
be free of significant cracks, gaps, corrosion, or other deterioration that
could cause hazardous waste to be released from the primary barrier;
(ii) Maintain the level of the stored/treated
hazardous waste within the containment walls of the unit so that the height of
any containment wall is not exceeded;
(iii) Take measures to prevent the tracking
of hazardous waste out of the unit by personnel or by equipment used in
handling the waste. An area must be designated to decontaminate equipment and
any rinsate must be collected and properly managed; and
(iv) Take measures to control fugitive dust
emissions such that any openings (doors, windows, vents, cracks, etc.) exhibit
no visible emissions (see 40 CFR Part 60, Appendix A, Method 22-Visual
Determination of Fugitive Emissions from Material Sources and Smoke Emissions
from Flares). In addition, all associated particulate collection devices (e.g.,
fabric filter, electrostatic precipitator) must be operated and maintained with
sound air pollution control practices (see 40 CFR part 60 subpart 292 for
guidance). This state of no visible emissions must be maintained effectively at
all times during routine operating and maintenance conditions, including when
vehicles and personnel are entering and exiting the unit.
(2) Obtain certification by an
independent qualified Arkansas-registered professional engineer that
the containment building design meets the requirements of paragraphs (a)
through (c) of this section.
(3)
Throughout the active life of the containment building, if the owner or
operator detects a condition that could lead to or has caused a release of
hazardous waste, the owner or operator must repair the condition promptly, in
accordance with the following procedures.
(i)
Upon detection of a condition that has led to a release of hazardous waste
(e.g., upon detection of leakage from the primary barrier) the owner or
operator must:
(A) Enter a record of the
discovery in the facility operating record;
(B) Immediately remove the portion of the
containment building affected by the condition from service;
(C) Determine what steps must be taken to
repair the containment building, remove any leakage from the secondary
collection system, and establish a schedule for accomplishing the cleanup and
repairs; and
(D) Within 7 days
after the discovery of the condition, notify the Director of the condition, and
within 14 working days, provide a written notice to the Director with a
description of the steps taken to repair the containment building, and the
schedule for accomplishing the work.
(ii) The Director will review the information
submitted, make a determination regarding whether the containment building must
be removed from service completely or partially until repairs and cleanup are
complete, and notify the owner or operator of the determination and the
underlying rationale in writing.
(iii) Upon completing all repairs and cleanup
the owner or operator must notify the Director in writing and provide a
verification, signed by a qualified, Arkansas-registered professional engineer,
that the repairs and cleanup have been completed according to the written plan
submitted in accordance with paragraph (c)(3)(i)(D) of this section.
(4) Inspect and record in the
facility's operating record, at least once every seven days, data gathered from
monitoring equipment and leak detection equipment as well as the containment
building and the area immediately surrounding the containment building to
detect signs of releases of hazardous waste.
(d) For a containment building that contains
both areas with and without secondary containment, the owner or operator must:
(1) Design and operate each area in
accordance with the requirements enumerated in paragraphs (a) through (c) of
this section;
(2) Take measures to
prevent the release of liquids or wet materials into areas without secondary
containment; and
(3) Maintain in
the facility's operating log a written description of the operating procedures
used to maintain the integrity of areas without secondary
containment.
(e)
Notwithstanding any other provision of this subsection the Director may waive
requirements for secondary containment for a permitted containment building
where the owner operator demonstrates that the only free liquids in the unit
are limited amounts of dust suppression liquids required to meet occupational
health and safety requirements, and where containment of managed wastes and
liquids can be assured without a secondary containment system.
§ 264.1102
Closure and post-closure care
(a) At
closure of a containment building, the owner or operator must remove or
decontaminate all waste residues, contaminated containment system components
(liners, etc.) contaminated subsoils, and structures and equipment contaminated
with waste and leachate, and manage them as hazardous waste unless §
261.3(d) of this rule applies. The closure plan, closure activities, cost
estimates for closure, and financial responsibility for containment buildings
must meet all of the requirements specified in subsections G and H of this
section.
(b) If, after removing or
decontaminating all residues and making all reasonable efforts to effect
removal or decontamination of contaminated components, subsoils, structures,
and equipment as required in paragraph (a) of this section, the owner or
operator finds that not all contaminated subsoils can be practicably removed or
decontaminated, he must close the facility and perform post-closure care in
accordance with the closure and post-closure requirements that apply to
landfills (§ 264.310). In addition, for the purposes of closure,
post-closure, and financial responsibility, such a containment building is then
considered to be a landfill, and the owner or operator must meet all of the
requirements for landfills specified in subsections G and H of this
section.
§ 264.1103 -
264.1110
[Reserved]
Subsection EE
-- Hazardous Waste
Munitions and Explosives Storage
§
264.1200
Applicability
The requirements of this subsection apply to owners or operators who store munitions and explosive hazardous wastes, except as § 264.1 provides otherwise. (NOTE: Depending on explosive hazards, hazardous waste munitions and explosives may also be managed in other types of storage units, including containment buildings (Section 264, subsection DD), tanks (Section 264, subsection J), or containers (Section 264, subsection I); See § 266.205 for storage of waste military munitions).
§ 264.1201
Design and operating
standards
(a) Hazardous waste munitions
and explosives storage units must be designed and operated with containment
systems, controls, and monitoring, that:
(1)
Minimize the potential for detonation or other means of release of hazardous
waste, hazardous constituents, hazardous decomposition products, or
contaminated run-off, to the soil, ground water, surface water, and
atmosphere;
(2) Provide a primary
barrier, which may be a container (including a shell) or tank, designed to
contain the hazardous waste;
(3)
For wastes stored outdoors, provide that the waste and containers will not be
in standing precipitation;
(4) For
liquid wastes, provide a secondary containment system that assures that any
released liquids are contained and promptly detected and removed from the waste
area, or vapor detection system that assures that any released liquids or
vapors are promptly detected and an appropriate response taken (e.g.,
additional containment, such as overpacking, or removal from the waste area);
and
(5) Provide monitoring and
inspection procedures that assure the controls and containment systems are
working as designed and that releases that may adversely impact human health or
the environment are not escaping from the unit.
(b) Hazardous waste munitions and explosives
stored under this subsection may be stored in one of the following:
(1) Earth-covered magazines. Earth-covered
magazines must be:
(i) Constructed of
waterproofed, reinforced concrete or structural steel arches, with steel doors
that are kept closed when not being accessed;
(ii) Designed and constructed:
(A) To be of sufficient strength and
thickness to support the weight of any explosives or munitions stored and any
equipment used in the unit;
(B) To
provide working space for personnel and equipment in the unit; and
(C) To withstand movement activities that
occur in the unit; and
(iii) Located and designed, with walls and
earthen covers that direct an explosion in the unit in a safe direction, so as
to minimize the propagation of an explosion to adjacent units and to minimize
other effects of any explosion.
(2) Above-ground magazines. Above-ground
magazines must be located and designed so as to minimize the propagation of an
explosion to adjacent units and to minimize other effects of any
explosion.
(3) Outdoor or open
storage areas. Outdoor or open storage areas must be located and designed so as
to minimize the propagation of an explosion to adjacent units and to minimize
other effects of any explosion.
(c) Hazardous waste munitions and explosives
must be stored in accordance with a Standard Operating Procedure specifying
procedures to ensure safety, security, and environmental protection. If these
procedures serve the same purpose as the security and inspection requirements
of § 264.14, the preparedness and prevention procedures of Section 264,
subsection C, and the contingency plan and emergency procedures requirements of
Section 264, subsection D, then these procedures will be used to fulfill those
requirements.
(d) Hazardous waste
munitions and explosives must be packaged to ensure safety in handling and
storage.
(e) Hazardous waste
munitions and explosives must be inventoried at least annually.
(f) Hazardous waste munitions and explosives
and their storage units must be inspected and monitored as necessary to ensure
explosives safety and to ensure that there is no migration of contaminants out
of the unit.
§
264.1202
Closure and post-closure care
(a) At closure of a magazine or unit which
stored hazardous waste under this subsection, the owner or operator must remove
or decontaminate all waste residues, contaminated containment system
components, contaminated subsoils, and structures and equipment contaminated
with waste, and manage them as hazardous waste unless § 261.3(d) of this
rule applies. The closure plan, closure activities, cost estimates for closure,
and financial responsibility for magazines or units must meet all of the
requirements specified in subsections G and H of this section, except that the
owner or operator may defer closure of the unit as long as it remains in
service as a munitions or explosives magazine or storage unit.
(b) If, after removing or decontaminating all
residues and making all reasonable efforts to effect removal or decontamination
of contaminated components, subsoils, structures, and equipment as required in
paragraph (a) of this section, the owner or operator finds that not all
contaminated subsoils can be practicably removed or decontaminated, he or she
must close the facility and perform post-closure care in accordance with the
closure and post-closure requirements that apply to landfills (§ 264.310).
Appendices to Section 264
Appendix I -- Recordkeeping Instructions
The recordkeeping provisions of § 264.73 specify that an owner or operator must keep a written operating record at his facility. This appendix provides additional instructions for keeping portions of the operating record. See § 264.73(b) for additional recordkeeping requirements.
The following information must be recorded, as it becomes available, and maintained in the operating record until closure of the facility in the following manner:
Records of each hazardous waste received, treated, stored, or disposed of at the facility which include the following:
(1) A description by its common name and the
EPA Hazardous Waste Number(s) from Sectiont 261 of this chapter which apply to
the waste. The waste description also must include the waste's physical form,
i.e., liquid, sludge, solid, or contained gas. If the waste is not listed in
Section 261, subsection D, of this chapter, the description also must include
the process that produced it (for example, solid filter cake from production of
----, EPA Hazardous Waste Number W051).
Each hazardous waste listed in Section 261, subsection D, of this chapter, and each hazardous waste characteristic defined in Section 261, subsection C, of this chapter, has a four-digit EPA Hazardous Waste Number assigned to it. This number must be used for recordkeeping and reporting purposes. Where a hazardous waste contains more than one listed hazardous waste, or where more than one hazardous waste characteristic applies to the waste, the waste description must include all applicable EPA Hazardous Waste Numbers.
(2) The estimated
or manifest-reported weight, or volume and density, where applicable, in one of
the units of measure specified in Table 1;
Table 1
|
Unit of measure |
Code1 |
|
Gallons |
G |
|
Gallons per Hour |
E |
|
Gallons per Day |
U |
|
Liters |
L |
|
Liters per Hour |
H |
|
Liters per Day |
V |
|
Short Tons per Hour |
D |
|
Metric Tons per Hour |
W |
|
Short Tons per Day |
N |
|
Metric Tons per Day |
S |
|
Pounds per Hour |
J |
|
Kilograms per Hour |
R |
|
Cubic Yards |
Y |
|
Cubic Meters |
C |
|
Acres |
B |
|
Acre-feet |
A |
|
Hectares |
Q |
|
Hectare-meter |
F |
|
Btu's per Hour |
I |
|
Pounds |
P |
|
Short Tons |
T |
|
Kilograms |
K |
|
Tons |
M |
FOOTNOTE: 1Single digit symbols are used here for data processing purposes.
(3) The method(s) (by handling code(s) as
specified in Table 2) and date(s) of treatment, storage, or disposal.
Table 2.
Handling Codes for Treatment, Storage and Disposal Methods
Enter the handling code(s) listed below that most closely represents the technique(s) used at the facility to treat, store or dispose of each quantity of hazardous waste received.
1. Storage
|
S01 |
Container (barrel, drum, etc.) |
|
S02 |
Tank |
|
S03 |
Waste Pile |
|
S04 |
Surface Impoundment |
|
S05 |
Drip Pad |
|
S06 |
Containment Building (Storage) |
|
S99 |
Other Storage (specify) |
2.
Treatment
(a) Thermal Treatment--
|
T06 |
Liquid injection incinerator |
|
T07 |
Rotary kiln incinerator |
|
T08 |
Fluidized bed incinerator |
|
T09 |
Multiple hearth incinerator |
|
T10 |
Infrared furnace incinerator |
|
T11 |
Molten salt destructor |
|
T12 |
Pyrolysis |
|
T13 |
Wet air oxidation |
|
T14 |
Calcination |
|
T15 |
Microwave discharge |
|
T18 |
Other (specify) |
(b)
Chemical Treatment--
|
T19 |
Absorption mound |
|
T20 |
Absorption field |
|
T21 |
Chemical fixation |
|
T22 |
Chemical oxidation |
|
T23 |
Chemical precipitation |
|
T24 |
Chemical reduction |
|
T25 |
Chlorination |
|
T26 |
Chlorinolysis |
|
T27 |
Cyanide destruction |
|
T28 |
Degradation |
|
T29 |
Detoxification |
|
T30 |
Ion exchange |
|
T31 |
Neutralization |
|
T32 |
Ozonation |
|
T33 |
Photolysis |
|
T34 |
Other (specify) |
(c)
Physical Treatment--
(1) Separation of
components:
|
T35 |
Centrifugation |
|
T36 |
Clarification |
|
T37 |
Coagulation |
|
T38 |
Decanting |
|
T39 |
Encapsulation |
|
T40 |
Filtration |
|
T41 |
Flocculation |
|
T42 |
Flotation |
|
T43 |
Foaming |
|
T44 |
Sedimentation |
|
T45 |
Thickening |
|
T46 |
Ultrafiltration |
|
T47 |
Other (specify) |
(2)
Removal of Specific Components:
|
T48 |
Absorption-molecular sieve |
|
T49 |
Activated carbon |
|
T50 |
Blending |
|
T51 |
Catalysis |
|
T52 |
Crystallization |
|
T53 |
Dialysis |
|
T54 |
Distillation |
|
T55 |
Electrodialysis |
|
T56 |
Electrolysis |
|
T57 |
Evaporation |
|
T58 |
High gradient magnetic separation |
|
T59 |
Leaching |
|
T60 |
Liquid ion exchange |
|
T61 |
Liquid-liquid extraction |
|
T62 |
Reverse osmosis |
|
T63 |
Solvent recovery |
|
T64 |
Stripping |
|
T65 |
Sand filter |
|
T66 |
Other (specify) |
(d) Biological Treatment
|
T67 |
Activated sludge |
|
T68 |
Aerobic lagoon |
|
T69 |
Aerobic tank |
|
T70 |
Anaerobic tank |
|
T71 |
Composting |
|
T72 |
Septic tank |
|
T73 |
Spray irrigation |
|
T74 |
Thickening filter |
|
T75 |
Trickling filter |
|
T76 |
Waste stabilization pond |
|
T77 |
Other (specify) |
|
T78 |
[Reserved] |
|
T79 |
[Reserved] |
(e)
Boilers and Industrial Furnaces
|
T80 |
Boiler |
|
T81 |
Cement Kiln |
|
T82 |
Lime Kiln |
|
T83 |
Aggregate Kiln |
|
T84 |
Phosphate Kiln |
|
T85 |
Coke Oven |
|
T86 |
Blast Furnace |
|
T87 |
Smelting, Melting, or Refining Furnace |
|
T88 |
Titanium Dioxide Chloride Process Oxidation Reactor |
|
T89 |
Methane Reforming Furnace |
|
T90 |
Pulping Liquor Recovery Furnace |
|
T91 |
Combustion Device Used in the Recovery of Sulfur Values from Spent Sulfuric Acid |
|
T92 |
Halogen Acid Furnaces |
|
T93 |
Other Industrial Furnaces Listed in 40 CFR 260.10 (specify) |
(f)
Other Treatment
|
T94 |
Containment Building (Treatment) |
3. Disposal
|
D79 |
Underground Injection |
|
D80 |
Landfill |
|
D81 |
Land Treatment |
|
D82 |
Ocean Disposal |
|
D83 |
Surface Impoundment (to be closed as a landfill) |
|
D99 |
Other Disposal (specify) |
4.
Miscellaneous (Subpart X)
|
X01 |
Open Burning/Open Detonation |
|
X02 |
Mechanical Processing |
|
X03 |
Thermal Unit |
|
X04 |
Geologic Repository |
|
X99 |
Other Subpart X (specify) |
Appendices II -- III [Reserved]
Appendix IV -- Cochran's Approximation to the Behrens-Fisher Students' T-Test. Using all the available background data (nb readings), calculate the background mean (Xb) and background variance (sb2). For the single monitoring well under investigation (nm reading), calculate the monitoring mean (Xm) and monitoring variance (sm2).
For any set of data (X1, X2, . . ., Xn) the mean is calculated by:
and the variance is calculated by:
where "n" denotes the number of observations in the set of data.
The t-test uses these data summary measures to calculate a t-statistic (t*) and a comparison t-statistic (tc). The value is compared to the value and a conclusion reached as to whether there has been a statistically significant change in any indicator parameter.
The t-statistic for all parameters except pH and similar monitoring parameters is:
If the value of this t-statistic is negative then there is no significant difference between the monitoring data and background data. It should be noted that significantly small negative values may be indicative of a failure of the assumption made for test validity or errors have been made in collecting the background data.
The t-statistic (tc), against which t* will be compared, necessitates finding tb and tm from standard (one-tailed) tables where,
tb = t-tables with (nb - 1) degrees of freedom, at the 0.05 level of significance.
tm = t-tables with (nm - 1) degrees of freedom, at the 0.05 level of significance.
Finally, the special weightings Wb and Wm are defined as:
and so the comparison t-statistic is:
The t-statistic (t*) is now compared with the comparison t-statistic (tc) using the following decision-rule:
If t* is equal to or larger than tc, then conclude that there most likely has been a significant increase in this specific parameter.
If t* is less than tc, then conclude that most likely there has not been a change in this specific parameter.
The t-statistic for testing pH and similar monitoring parameters is constructed in the same manner as previously described except the negative sign (if any) is discarded and the caveat concerning the negative value is ignored. The standard (two-tailed) tables are used in the construction for pH and similar monitoring parameters.
If t* is equal to or larger than tc, then conclude that there most likely has been a significant increase (if the initial t* had been negative, this would imply a significant decrease). If t* is less than tc, then conclude that there most likely has been no change.
A further discussion of the test may be found in Statistical Methods (6th Edition, Section 4.14) by G. W. Snedecor and W. G. Cochran, or Principles and Procedures of Statistics (1st Edition, Section 5.8) by R. G. D. Steel and J. H. Torrie.
Standard T-Tables 0.05 Level of Significance
|
Degrees of freedom |
t-values (one-tail) |
t-values (two-tail) |
|
1 |
6.314 |
12.706 |
|
2 |
2.920 |
4.303 |
|
3 |
2.353 |
3.182 |
|
4 |
2.132 |
2.776 |
|
5 |
2.015 |
2.571 |
|
6 |
1.943 |
2.447 |
|
7 |
1.895 |
2.365 |
|
8 |
1.860 |
2.306 |
|
9 |
1.833 |
2.262 |
|
10 |
1.812 |
2.228 |
|
11 |
1.796 |
2.201 |
|
12 |
1.782 |
2.179 |
|
13 |
1.771 |
2.160 |
|
14 |
1.761 |
2.145 |
|
15 |
1.753 |
2.131 |
|
16 |
1.746 |
2.120 |
|
17 |
1.740 |
2.110 |
|
18 |
1.734 |
2.101 |
|
19 |
1.729 |
2.093 |
|
20 |
1.725 |
2.086 |
|
21 |
1.721 |
2.080 |
|
22 |
1.717 |
2.074 |
|
23 |
1.714 |
2.069 |
|
24 |
1.711 |
2.064 |
|
25 |
1.708 |
2.060 |
|
30 |
1.697 |
2.042 |
|
40 |
1.684 |
Adopted from Table III of "Statistical Tables for Biological, Agricultural, and Medical Research" (1947, R. A. Fisher and F. Yates).
Appendix V -- Examples of Potentially Incompatible Waste
Many hazardous wastes, when mixed with other waste or materials at a hazardous waste facility, can produce effects which are harmful to human health and the environment, such as (1) heat or pressure, (2) fire or explosion, (3) violent reaction, (4) toxic dusts, mists, fumes, or gases, or (5) flammable fumes or gases.
Below are examples of potentially incompatible wastes, waste components, and materials, along with the harmful consequences which result from mixing materials in one group with materials in another group. The list is intended as a guide to owners or operators of treatment, storage, and disposal facilities, and to enforcement and permit granting officials, to indicate the need for special precautions when managing these potentially incompatible waste materials or components.
This list is not intended to be exhaustive. An owner or operator must, as the regulations require, adequately analyze his wastes so that he can avoid creating uncontrolled substances or reactions of the type listed below, whether they are listed below or not.
It is possible for potentially incompatible wastes to be mixed in a way that precludes a reaction (e.g., adding acid to water rather than water to acid) or that neutralizes them (e.g., a strong acid mixed with a strong base), or that controls substances produced (e.g., by generating flammable gases in a closed tank equipped so that ignition cannot occur, and burning the gases in an incinerator).
In the lists below, the mixing of a Group A material with a Group B material may have the potential consequence as noted.
Group 1-A
Acetylene sludge
Alkaline caustic liquids
Alkaline cleaner
Alkaline corrosive liquids
Alkaline corrosive battery fluid
Caustic wastewater
Lime sludge and other corrosive alkalies
Lime wastewater
Lime and water
Spent caustic
Group 1-B
Acid sludge
Acid and water
Battery acid
Chemical cleaners
Electrolyte, acid
Etching acid liquid or solvent
Pickling liquor and other corrosive acids
Spent acid
Spent mixed acid
Spent sulfuric acid
Potential consequences: Heat generation; violent reaction.
Group 2-A
Aluminum
Beryllium
Calcium
Lithium
Magnesium
Potassium
Sodium
Zinc powder Other reactive metals and metal hydrides
Group 2-B
Any waste in Group 1-A or 1-B
Potential consequences: Fire or explosion; generation of flammable hydrogen gas.
Group 3-A
Alcohols
Water
Group 3-B
Any concentrated waste in Groups 1-A or 1-B
Calcium
Lithium
Metal hydrides
Potassium
SO2Cl2, SOCl2, PCl3, CH3SiCl3
Other water-reactive waste
Potential consequences: Fire, explosion, or heat generation; generation of flammable or toxic gases.
Group 4-A
Alcohols
Aldehydes
Halogenated hydrocarbons
Nitrated hydrocarbons
Unsaturated hydrocarbons
Other reactive organic compounds and solvents
Group 4-B
Concentrated Group 1-A or 1-B wastes
Group 2-A wastes
Potential consequences: Fire, explosion, or violent reaction.
Group 5-A
Spent cyanide and sulfide solutions
Group 5-B
Group 1-B wastes
Potential consequences: Generation of toxic hydrogen cyanide or hydrogen sulfide gas.
Group 6-A
Chlorates
Chlorine
Chlorites
Chromic acid
Hypochlorites
Nitrates
Nitric acid, fuming
Perchlorates
Permanganates
Peroxides
Other strong oxidizers
Group 6-B
Acetic acid and other organic acids
Concentrated mineral acids
Group 2-A wastes
Group 4-A wastes
Other flammable and combustible wastes
Potential consequences: Fire, explosion, or violent reaction.
Source: "Law, Regulations, and Guidelines for Handling of Hazardous Waste." California Department of Health, February 1975.
Appendix VI -- Political Jurisdictions in Which Compliance With § 264.18(a) Must Be Demonstrated
None Listed.
Appendices VII - VIII [Reserved]
§ 264 Appendix IX
Groundwater Monitoring List1
|
Common name1 |
CAS RN2 |
Chemical abstracts service index name3 |
|
Acenaphthene |
83-32-9 |
Acenaphthylene, 1,2-dihydro- |
|
Acenaphthylene |
208-96-8 |
Acenaphthylene |
|
Acetone |
67-64-1 |
2-Propanone |
|
Acetophenone |
98-86-2 |
Ethanone, 1-phenyl- |
|
Acetonitrile; Methyl cyanide |
75-05-8 |
Acetonitrile |
|
2-Acetylaminofluorene; 2-AAF |
53-96-3 |
Acetamide, N-9H-fluoren-2-yl- |
|
Acrolein |
107-02-8 |
2-Propenal |
|
Acrylonitrile |
107-13-1 |
2-Propenenitrile |
|
Aldrin |
309-00-2 |
1,4:5,8-Dimethanonaphthalene, 1,2,3,4,10,10- hexachloro-1,4,4a,5,8,8a-hexahydro- (1[ALPHA],4[ALPHA],4a[BETA],5[ALPHA],8[ALPHA],8a[BETA])- |
|
Allyl chloride |
107-05-1 |
1-Propene, 3-chloro- |
|
4-Aminobiphenyl |
92-67-1 |
[1,1'-Biphenyl]-4-amine |
|
Aniline |
62-53-3 |
Benzenamine |
|
Anthracene |
120-12-7 |
Anthracene |
|
Antimony |
(Total) |
Antimony |
|
Aramite |
140-57-8 |
Sulfurous acid, 2-chloroethyl 2-[4-(1,1-dimethylethyl) phenoxy]-1-methylethyl ester |
|
Arsenic |
(Total) |
Arsenic |
|
Barium |
(Total) |
Barium |
|
Benzene |
71-43-2 |
Benzene |
|
Benzo[a]anthracene; Benzanthracene |
56-55-3 |
Benz[a]anthracene |
|
Benzo[b]fluoranthene |
205-99-2 |
Benz[e]acephenanthrylene |
|
Benzo[k]fluoranthene |
207-08-9 |
Benzo[k]fluoranthene |
|
Benzo[ghi]perylene |
191-24-2 |
Benzo[ghi]perylene |
|
Benzo[a]pyrene |
50-32-8 |
Benzo[a]pyrene |
|
Benzyl alcohol |
100-51-6 |
Benzenemethanol |
|
Beryllium |
(Total) |
Beryllium |
|
alpha-BHC |
319-84-6 |
Cyclohexane, 1,2,3,4,5,6-hexachloro-,(1[ALPHA],2[ALPHA],3[BETA],4[BETA],5[BETA],6[BETA])- |
|
beta-BHC |
319-85-7 |
Cyclohexane, 1,2,3,4,5,6-hexachloro-,(1[ALPHA],2[BETA],3[ALPHA],4[BETA],5[ALPHA],6[BETA])- |
|
delta-BHC |
319-86-8 |
Cyclohexane, 1,2,3,4,5,6-hexachloro-,(1[ALPHA],2[ALPHA],3[ALPHA],4[BETA],5[ALPHA],6[BETA])- |
|
gamma-BHC; Lindane |
58-89-9 |
Cyclohexane, 1,2,3,4,5,6-hexachloro-,(1[ALPHA],2[ALPHA],3[BETA],4[ALPHA],5[ALPHA],6[BETA])- |
|
Bis(2-chloroethoxy)methane |
111-91-1 |
Ethane, 1,1'-[methylenebis(oxy)]bis [2-chloro- |
|
Bis(2-chloroethyl)ether |
111-44-4 |
Ethane, 1,1'-oxybis[2-chloro- |
|
Bis(2-chloro-1-methylethyl) ether; 2,2'-Dichlorodiisopropyl ether |
108-60-1 |
Propane, 2,2'-oxybis[1-chloro- |
|
Bis(2-ethylhexyl) phthalate |
117-81-7 |
1,2-Benzenedicarboxylic acid, bis(2-ethylhexyl)ester |
|
Bromodichloromethane |
75-27-4 |
Methane, bromodichloro- |
|
Bromoform; Tribromomethane |
75-25-2 |
Methane, tribromo- |
|
4-Bromophenyl phenyl ether |
101-55-3 |
Benzene, 1-bromo-4-phenoxy- |
|
Butyl benzyl phthalate; Benzyl butyl phthalate |
85-68-7 |
1,2-Benzenedicarboxylic acid, butyl phenylmethyl ester |
|
Cadmium |
(Total) |
Cadmium |
|
Carbon disulfide |
75-15-0 |
Carbon disulfide |
|
Carbon tetrachloride |
56-23-5 |
Methane, tetrachloro- |
|
Chlordane |
57-74-9 |
4,7-Methano-1H-indene, 1,2,4,5,6,7,8,8-octachloro-2,3,3a,4,7,7a -hexahydro- |
|
p-Chloroaniline |
106-47-8 |
Benzenamine, 4-chloro- |
|
Chlorobenzene |
108-90-7 |
Benzene, chloro- |
|
Chlorobenzilate |
510-15-6 |
Benzeneacetic acid, 4-chloro-[ALPHA]-(4-chlorophenyl)-[ALPHA]-hydroxy-, ethyl ester |
|
p-Chloro-m-cresol |
59-50-7 |
Phenol, 4-chloro-3-methyl- |
|
Chloroethane; Ethyl chloride |
75-00-3 |
Ethane, chloro- |
|
Chloroform |
67-66-3 |
Methane, trichloro- |
|
2-Chloronaphthalene |
91-58-7 |
Naphthalene, 2-chloro- |
|
2-Chlorophenol |
95-57-8 |
Phenol, 2-chloro- |
|
4-Chlorophenyl phenyl ether |
7005-72-3 |
Benzene, 1-chloro-4-phenoxy- |
|
Chloroprene |
126-99-8 |
1,3-Butadiene,2-chloro- |
|
Chromium |
(Total) |
Chromium |
|
Chrysene |
218-01-9 |
Chrysene |
|
Cobalt |
(Total) |
Cobalt |
|
Copper |
(Total) |
Copper |
|
m-Cresol |
108-39-4 |
Phenol, 3-methyl- |
|
o-Cresol |
95-48-7 |
Phenol, 2-methyl- |
|
p-Cresol |
106-44-5 |
Phenol, 4-methyl- |
|
Cyanide |
57-12-5 |
Cyanide |
|
2,4-D; 2,4-Dichlorophenoxyacetic acid |
94-75-7 |
Acetic acid, (2,4-dichlorophenoxy)- |
|
4,4'-DDD |
72-54-8 |
Benzene 1,1'-(2,2-dichloroethylidene) bis[4-chloro- |
|
4,4'-DDE |
72-55-9 |
Benzene, 1,1'-(dichloroethenylidene) bis[4-chloro- |
|
4,4'-DDT |
50-29-3 |
Benzene, 1,1'-(2,2,2-trichloroethylidene) bis[4-chloro- |
|
Diallate |
2303-16-4 |
Carbamothioic acid, bis(1-methylethyl)-, S- (2,3-dichloro-2-propenyl) ester |
|
Dibenz[a,h]anthracene |
53-70-3 |
Dibenz[a,h]anthracene |
|
Dibenzofuran |
132-64-9 |
Dibenzofuran |
|
Dibromochloromethane; Chlorodibromomethane |
124-48-1 |
Methane, dibromochloro- |
|
1,2-Dibromo-3-chloropropane; |
96-12-8 |
Propane, 1,2-dibromo-3-chloro- |
|
DBCP |
||
|
1,2-Dibromoethane; Ethylene dibromide |
106-93-4 |
Ethane, 1,2-dibromo- |
|
Di-n-butyl phthalate |
84-74-2 |
1,2-Benzenedicarboxylic acid, dibutyl ester |
|
o-Dichlorobenzene |
95-50-1 |
Benzene, 1,2-dichloro- |
|
m-Dichlorobenzene |
541-73-1 |
Benzene, 1,3-dichloro- |
|
p-Dichlorobenzene |
106-46-7 |
Benzene, 1,4-dichloro- |
|
3,3'-Dichlorobenzidine |
91-94-1 |
[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dichloro- |
|
trans-1,4-Dichloro-2-butene |
110-57-6 |
2-Butene, 1,4-dichloro-, (E)- |
|
Dichlorodifluoromethane |
75-71-8 |
Methane, dichlorodifluoro- |
|
1,1-Dichloroethane |
75-34-3 |
Ethane, 1,1-dichloro- |
|
1,2-Dichloroethane; Ethylene dichloride |
107-06-2 |
Ethane, 1,2-dichloro- |
|
1,1-Dichloroethylene; Vinylidene chloride |
75-35-4 |
Ethene, 1,1-dichloro- |
|
trans-1,2-Dichloroethylene |
156-60-5 |
Ethene, 1,2-dichloro-, (E)- |
|
2,4-Dichlorophenol |
120-83-2 |
Phenol, 2,4-dichloro- |
|
2,6-Dichlorophenol |
87-65-0 |
Phenol, 2,6-dichloro- |
|
1,2-Dichloropropane |
78-87-5 |
Propane, 1,2-dichloro- |
|
cis-1,3-Dichloropropene |
10061-01-5 |
1-Propene, 1,3-dichloro-, (Z)- |
|
trans-1,3-Dichloropropene |
10061-02-6 |
1-Propene, 1,3-dichloro-, (E)- |
|
Dieldrin |
60-57-1 |
2,7:3,6-Dimethanonaphth [2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-, (1a[ALPHA],2[BETA],2a[ALPHA],3[BETA],6[BETA];,6a[ALPHA],7[BETA],7a[ALPHA])- |
|
Diethyl phthalate |
84-66-2 |
1,2-Benzenedicarboxylic acid, diethyl ester |
|
O,O-Diethyl O-2-pyrazinyl phosphorothioate; Thionazin |
297-97-2 |
Phosphorothioic acid, O,O-diethyl O-pyrazinyl ester |
|
Dimethoate |
60-51-5 |
Phosphorodithioic acid, O,O-dimethyl S-[2-(methylamino)-2-oxoethyl] ester |
|
p-(Dimethylamino)azobenzene |
60-11-7 |
Benzenamine, N,N-dimethyl-4-(phenylazo)- |
|
7,12-Dimethylbenz[a]anthracene |
57-97-6 |
Benz[a]anthracene, 7,12-dimethyl- |
|
3,3'-Dimethylbenzidine |
119-93-7 |
[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethyl- |
|
alpha, alpha-Dimethylphenethylamine |
122-09-8 |
Benzeneethanamine, [ALPHA],[ALPHA]-dimethyl- |
|
2,4-Dimethylphenol |
105-67-9 |
Phenol, 2,4-dimethyl- |
|
Dimethyl phthalate |
131-11-3 |
1,2-Benzenedicarboxylic acid, dimethyl ester |
|
m-Dinitrobenzene |
99-65-0 |
Benzene, 1,3-dinitro- |
|
4,6-Dinitro-o-cresol |
534-52-1 |
Phenol, 2-methyl-4,6-dinitro- |
|
2,4-Dinitrophenol |
51-28-5 |
Phenol, 2,4-dinitro- |
|
2,4-Dinitrotoluene |
121-14-2 |
Benzene, 1-methyl-2,4-dinitro- |
|
2,6-Dinitrotoluene |
606-20-2 |
Benzene, 2-methyl-1,3-dinitro- |
|
Dinoseb; DNBP; 2-sec-Butyl-4,6-dinitrophenol |
88-85-7 |
Phenol, 2-(1-methylpropyl)-4,6-dinitro- |
|
Di-n-octyl phthalate |
117-84-0 |
1,2-Benzenedicarboxylic acid, dioctyl ester |
|
1,4-Dioxane |
123-91-1 |
1,4-Dioxane |
|
Diphenylamine |
122-39-4 |
Benzenamine, N-phenyl- |
|
Disulfoton |
298-04-4 |
Phosphorodithioic acid, O,O-diethyl S-[2-(ethylthio)ethyl]ester |
|
Endosulfan I |
959-98-8 6,9-Methano-2,4,3- benzodioxathiepin, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-, 3-oxide,(3[ALPHA],5a[BETA],6[ALPHA],9[ALPHA],9a[BETA])- |
|
|
Endosulfan II |
33213-65-9 |
6,9-Methano-2,4,3- benzodioxathiepin, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-, 3-oxide, (3[ALPHA],5a[ALPHA],6[BETA],9[BETA],9a[ALPHA])- |
|
Endosulfan sulfate |
1031-07-8 |
6,9-Methano-2,4,3- benzodioxathiepin, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-, 3,3-dioxide |
|
Endrin |
72-20-8 |
2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-,1a,2,2a,3,6,6a,7,7a-octahydro-, (1a[ALPHA],2[BETA],2a[BETA],3[ALPHA],6[ALPHA],6a[BETA],7[BETA], 7a[ALPHA])- |
|
Endrin aldehyde |
7421-93-4 |
1,2,4- Methenocyclopenta[cd] pentalene-5-carboxaldehyde, 2,2a,3,3,4,7-hexachlorodecahydro-,(1[ALPHA],2[BETA],2a[BETA],4[BETA],4a[BETA],5[BETA],6a[BETA],6b[BETA],7R*)- |
|
Ethylbenzene |
100-41-4 |
Benzene, ethyl- |
|
Ethyl methacrylate |
97-63-2 |
2-Propenoic acid, 2-methyl-, ethyl ester |
|
Ethyl methanesulfonate |
62-50-0 |
Methanesulfonic acid, ethyl ester |
|
Famphur |
52-85-7 |
Phosphorothioic acid, O-[4-[(dimethylamino)sulfonyl]phenyl]-O,O-dimethyl ester |
|
Fluoranthene |
206-44-0 |
Fluoranthene |
|
Fluorene |
86-73-7 |
9H-Fluorene |
|
Heptachlor |
76-44-8 |
4,7-Methano-1H-indene, 1,4,5,6,7,8,8-heptachloro-3a,4,7,7a-tetrahydro- |
|
Heptachlor epoxide |
1024-57- 2,5-Methano-2H-indeno[1,2-b] oxirene, 3 2,3,4,5,6,7,7-heptachloro-1a,1b,5,5a,6,6a,-hexahydro-, (1a[ALPHA],1b[BETA],2[ALPHA],5[ALPHA],5a[BETA],6[BETA],6a[ALPHA]) |
|
|
Hexachlorobenzene |
118-74-1 |
Benzene, hexachloro- |
|
Hexachlorobutadiene |
87-68-3 |
1,3-Butadiene, 1,1,2,3,4,4-hexachloro- |
|
Hexachlorocyclopentadiene |
77-47-4 |
1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro- |
|
Hexachloroethane |
67-72-1 |
Ethane, hexachloro- |
|
Hexachlorophene |
70-30-4 |
Phenol, 2,2'-methylenebis[3,4,6-trichloro- |
|
Hexachloropropene |
1888-71-7 |
1-Propene, 1,1,2,3,3,3-hexachloro- |
|
2-Hexanone |
591-78-6 |
2-Hexanone |
|
Indeno(1,2,3-cd)pyrene |
193-39-5 |
Indeno[1,2,3-cd]pyrene |
|
Isobutyl alcohol |
78-83-1 |
1-Propanol, 2-methyl- |
|
Isodrin |
465-73-6 1,4,5,8-Dimethanonaphthalene,1,2,3,4,1 0,10- hexachloro-1,4,4a,5,8,8a hexahydro-(1[ALPHA], 4[ALPHA], 4a[BETA], 5[BETA], 8[BETA], 8a[BETA])- |
|
|
Isophorone |
78-59-1 |
2-Cyclohexen-1-one, 3,5,5-trimethyl- |
|
Isosafrole |
120-58-1 |
1,3-Benzodioxole, 5-(1-propenyl)- |
|
Kepone |
143-50-0 |
1,3,4-Metheno-2H-cyclobuta-[cd]pentalen-2-one, 1,1a,3,3a,4,5,5,5a,5b,6-decachlorooctahydro- |
|
Lead |
(Total) |
Lead |
|
Mercury |
(Total) |
Mercury |
|
Methacrylonitrile |
126-98-7 |
2-Propenenitrile, 2-methyl- |
|
Methapyrilene |
91-80-5 |
1,2,Ethanediamine,N,N-dimethyl-N'-2-pyridinyl-N'-(2-thienylmethyl)- |
|
Methoxychlor |
72-43-5 |
Benzene, 1,1'-(2,2,2,trichloroethylidene)bis [4-methoxy- |
|
Methyl bromide; Bromomethane |
74-83-9 |
Methane, bromo- |
|
Methyl chloride; Chloromethane |
74-87-3 |
Methane, chloro- |
|
3-Methylcholanthrene |
56-49-5 |
Benz[j]aceanthrylene, 1,2-dihydro-3-methyl- |
|
Methylene bromide; Dibromomethane |
74-95-3 |
Methane, dibromo- |
|
Methylene chloride; Dichloromethane |
75-09-2 |
Methane, dichloro- |
|
Methyl ethyl ketone; MEK; |
78-93-3 |
2-Butanone |
|
Methyl iodide; Iodomethane |
74-88-4 |
Methane, iodo- |
|
Methyl methacrylate |
80-62-6 |
2-Propenoic acid, 2-methyl-, methyl ester |
|
Methyl methanesulfonate |
66-27-3 |
Methanesulfonic acid, methyl ester |
|
2-Methylnaphthalene |
91-57-6 |
Naphthalene, 2-methyl- |
|
Methyl parathion; Parathion methyl |
298-00-0 |
Phosphorothioic acid, O,O-dimethyl O-(4-nitrophenyl) ester |
|
4-Methyl-2-pentanone; Methyl isobutyl ketone |
108-10-1 |
2-Pentanone, 4-methyl- |
|
Naphthalene |
91-20-3 |
Naphthalene |
|
1,4-Naphthoquinone |
130-15-4 |
1,4-Naphthalenedione |
|
1-Naphthylamine |
134-32-7 |
1-Naphthalenamine |
|
2-Naphthylamine |
91-59-8 |
2-Naphthalenamine |
|
Nickel |
(Total) |
Nickel |
|
o-Nitroaniline |
88-74-4 |
Benzenamine, 2-nitro- |
|
m-Nitroaniline |
99-09-2 |
Benzenamine, 3-nitro- |
|
p-Nitroaniline |
100-01-6 |
Benzenamine, 4-nitro- |
|
Nitrobenzene |
98-95-3 |
Benzene, nitro- |
|
o-Nitrophenol |
88-75-5 |
Phenol, 2-nitro- |
|
p-Nitrophenol |
100-02-7 |
Phenol, 4-nitro- |
|
4-Nitroquinoline 1-oxide |
56-57-5 |
Quinoline, 4-nitro, 1-oxide |
|
N-Nitrosodi-n-butylamine |
924-16-3 |
1-Butanamine, N-butyl-N-nitroso- |
|
N-Nitrosodiethylamine |
55-18-5 |
Ethanamine, N-ethyl-N-nitroso- |
|
N-Nitrosodimethylamine |
62-75-9 |
Methanamine, N-methyl-N-nitroso- |
|
N-Nitrosodiphenylamine |
86-30-6 |
Benzenamine, N-nitroso-N-phenyl- |
|
N-Nitrosodipropylamine;Di-n-propylnitrosamine |
621-64-7 |
1-Propanamine, N-nitroso-N-propyl- |
|
N-Nitrosomethylethalamine |
10595-95-6 |
Ethanamine, N-methyl-N-nitroso- |
|
N-Nitrosomorpholine |
59-89-2 |
Morpholine, 4-nitroso- |
|
N-Nitrosopiperidine |
100-75-4 |
Piperidine, 1-nitroso- |
|
N-Nitrosopyrrolidine |
930-55-2 |
Pyrrolidine, 1-nitroso- |
|
5-Nitro-o-toluidine |
99-55-8 |
Benzenamine, 2-methyl-5-nitro- |
|
Parathion |
56-38-2 |
Phosphorothioic acid, O,O-diethyl-O-(4-nitrophenyl) ester |
|
Polychlorinated biphenyls; PCBs |
See footnote 4 |
l,l'-Biphenyl, chloro derivatives |
|
Polychlorinated dibenzo-p-dioxins; PCDDs |
See footnote 5 |
Dibenzo[b,e][1,4]dioxin, chloro derivatives |
|
Polychlorinated dibenzofurans; PCDFs |
See footnote 6 |
Dibenzofuran, chloro derivatives |
|
Pentachlorobenzene |
608-93-5 |
Benzene, pentachloro- |
|
Pentachloroethane |
76-01-7 |
Ethane, pentachloro- |
|
Pentachloronitrobenzene |
82-68-8 |
Benzene, pentachloronitro- |
|
Pentachlorophenol |
87-86-5 |
Phenol, pentachloro- |
|
Phenacetin |
62-44-2 |
Acetamide, N-(4-ethoxyphenyl) |
|
Phenanthrene |
85-01-8 |
Phenanthrene |
|
Phenol |
108-95-2 |
Phenol |
|
p-Phenylenediamine |
106-50-3 |
1,4-Benzenediamine |
|
Phorate |
298-02-2 |
Phosphorodithioic acid, O,O-diethyl S-[(ethylthio)methyl] ester |
|
2-Picoline |
109-06-8 |
Pyridine, 2-methyl- |
|
Pronamide |
23950-58-5 |
Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)- |
|
Propionitrile; Ethyl cyanide |
107-12-0 |
Propanenitrile |
|
Pyrene |
129-00-0 |
Pyrene |
|
Pyridine |
110-86-1 |
Pyridine |
|
Safrole |
94-59-7 |
1,3-Benzodioxole, 5-(2-propenyl)- |
|
Selenium |
(Total) |
Selenium |
|
Silver |
(Total) |
Silver |
|
Silvex; 2,4,5-TP |
93-72-1 |
Propanoic acid, 2-(2,4,5- trichlorophenoxy)- |
|
Styrene |
100-42-5 |
Benzene, ethenyl- |
|
Sulfide |
18496-25-8 |
Sulfide |
|
2,4,5-T; 2,4,5- Trichlorophenoxyacetic acid |
93-76-5 |
Acetic acid, (2,4,5-trichlorophenoxy)- |
|
2,3,7,8-TCDD; 2,3,7,8-Tetrachlorodibenzo-p-dioxin |
1746-01-6 |
Dibenzo[b,e][l,4]dioxin, 2,3,7,8-tetrachloro- |
|
1,2,4,5-Tetrachlorobenzene |
95-94-3 |
Benzene, 1,2,4,5-tetrachloro- |
|
1,1,1,2-Tetrachloroethane |
630-20-6 |
Ethane, 1,1,1,2-tetrachloro- |
|
1,1,2,2-Tetrachloroethane |
79-34-5 |
Ethane, 1,1,2,2-tetrachloro- |
|
Tetrachloroethylene; Perchloroethylene; Tetrachloroethene |
127-18-4 |
Ethene, tetrachloro- |
|
2,3,4,6-Tetrachlorophenol |
58-90-2 |
Phenol, 2,3,4,6-tetrachloro- |
|
Tetraethyl dithiopyrophosphate; Sulfotepp |
3689-24- 5 |
Thiodiphosphoric acid ([(HO)2 P(S)]2 O), tetraethyl ester |
|
Thallium |
(Total) |
Thallium |
|
Tin |
(Total) |
Tin |
|
Toluene |
108-88-3 |
Benzene, methyl- |
|
o-Toluidine |
95-53-4 |
Benzenamine, 2-methyl- |
|
Toxaphene |
8001-35- 2 |
Toxaphene |
|
1,2,4-Trichlorobenzene |
120-82-1 |
Benzene, 1,2,4-trichloro- |
|
1,1,1 -Trichloroethane; Methyl chl oroform |
71-55-6 |
Ethane, 1,1,1 -tri chl oro- |
|
1,1,2-Trichloroethane |
79-00-5 |
Ethane, 1,1,2-trichloro- |
|
Trichloroethylene; Trichloroethene |
79-01-6 |
Ethene, trichloro- |
|
Trichlorofluoromethane |
75-69-4 |
Methane, trichlorofluoro- |
|
2,4,5-Trichlorophenol |
95-95-4 |
Phenol, 2,4,5-trichloro- |
|
2,4,6-Trichlorophenol |
88-06-2 |
Phenol, 2,4,6-trichloro- |
|
1,2,3-Trichloropropane |
96-18-4 |
Propane, 1,2,3-trichloro- |
|
O,O,O-Triethyl phosphorothioate |
126-68-1 |
Phosphorothioic acid, O,O,O-triethyl ester |
|
sym-Trinitrobenzene |
99-35-4 |
Benzene, 1,3,5-trinitro- |
|
Vanadium |
(Total) |
Vanadium |
|
Vinyl acetate |
108-05-4 |
Acetic acid, ethenyl ester |
|
Vinyl chloride |
75-01-4 |
Ethene, chloro- |
|
Xylene (total) |
1330-20-7 |
Benzene, dimethyl- |
|
Zinc |
(Total) |
Zinc |
FOOTNOTES:
(1) The regulatory requirements pertain only to the list of substances; the right hand columns (Methods and PQL) are given for informational purposes only. See also footnotes 5 and 6.
(2) Common names are those widely used in government regulations, scientific publications, and commerce; synonyms exist for many chemicals.
(3) Chemical Abstracts Service registry number. Where "Total" is entered, all species in the ground water that contain this element are included.
(4) CAS index names are those used in the 9th Cumulative Index.
(5) Suggested methods refer to analytical procedure numbers used in the EPA publication, SW-846, "Test Methods for Evaluating Solid Waste", Third Edition. Analytical details can be found in SW-846 and in documentation on file at the Agency. The packed column gas chromatography methods 8010, 8020, 8030, 8040, 8060, 8080, 8090, 8110, 8120, 8140, 8150, 8240, and 8250 were promulgated methods through Update IIB of SW-846 and, as of Update III, the Agency has replaced these methods with "capillary column GC methods", as the suggested methods.
(6) Practical Quantitation Limits (PQLs) are the lowest concentrations of analytes in ground waters that can be reliably determined within specified limits of precision and accuracy by the indicated methods under routine laboratory operating conditions. The PQLs listed are generally stated to one significant figure. CAUTION: The PQL values in many cases are based only on a general estimate for the method and not on a determination for individual compounds; PQLs are not a part of the regulation.
(7) Polychlorinated biphenyls (CAS RN 1336-36-3); this category contains congener chemicals, including constituents of Aroclor-1016 (CAS RN 12674-11-2), Aroclor-1221 (CAS RN 11104-28-2), Aroclor-1232 (CAS RN 11141-16-5), Aroclor-1242 (CAS RN 53469-21-9), Aroclor-1248 (CAS RN 12672-29-6), Aroclor-1254 (CAS RN 11097-69-1), and Aroclor-1260 (CAS RN 11096-82-5). The PQL shown is an average value for PCB congeners.
(8) This category contains congener chemicals, including tetrachlorodibenzo-p-dioxins (see also 2,3,7,8-TCDD), pentachlorodibenzo-p-dioxins, and hexachlorodibenzo-p-dioxins. The PQL shown is an average value for PCDD congeners.
(9) This category contains congener chemicals, including tetrachlorodibenzofurans, pentachlorodibenzofurans, and hexachlorodibenzofurans. The PQL shown is an average value for PCDF congeners.
Section 265.
- INTERIM STATUS STANDARDS
FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL
FACILITIES
Subsection A
--
General
§ 265.1
Purpose,
scope, and applicability
(a) The
purpose of this Section is to establish minimum national standards that define
the acceptable management of hazardous waste during the period of interim
status and until certification of final closure or, if the facility is subject
to post-closure requirements, until post-closure responsibilities are
fulfilled.
(b) Except as provided
in § 265.1080(b), the standards of this Section, and of §§
264.552, 264.553, and 264.554, apply to owners and operators of facilities that
treat, store or dispose of hazardous waste who have fully complied with the
requirements for interim status under section 3005(e) of RCRA and § 270.10
of this rule until either a permit is issued under section 3005 of RCRA or
until applicable Section 265 closure and post-closure responsibilities are
fulfilled, and to those owners and operators of facilities in existence on
November 19, 1980 who have failed to provide timely notification as required by
section 3010(a) of RCRA and/or failed to file part A of the permit application
as required by § 270.10 (e) and (g). These standards apply to all
treatment, storage and disposal of hazardous waste at these facilities after
the effective date of these rules, except as specifically provided otherwise in
this Section or Section 261 of this rule.
[Comment: As stated in section 3005(a) of RCRA, after the effective date of s under that section (i.e., 270 and 124 of this rule), the treatment, storage and disposal of hazardous waste is prohibited except in accordance with a permit. Section 3005(e) of RCRA provides for the continued operation of an existing facility that meets certain conditions, until final administrative disposition of the owner's and operator's permit application is made.]
(c) The requirements
of this Section do not apply to:
(1) A person
disposing of hazardous waste by means of ocean disposal subject to a permit
issued under the federal Marine Protection, Research, and Sanctuaries Act;
[Comment: These Section 265 rules do apply to the treatment or storage of hazardous waste before it is loaded onto an ocean vessel for incineration or disposal at sea, as provided in paragraph (b) of this section.]
(2)
[Reserved]
(3) The owner or
operator of a POTW which treats, stores, or disposes of hazardous waste;
[Comment: The owner or operator of a facility under paragraphs (c)(1) through (3) of this section is subject to the requirements of Section 264 this rule to the extent they are included in a permit by rule granted to such a person under 40 CFR part 122, or are required by 40 CFR 144.14.]
(4) [Reserved]
(5) The owner or operator of a facility
permitted, licensed, or registered by a State to manage municipal or industrial
solid waste, if the only hazardous waste the facility treats, stores, or
disposes of is excluded from rule under this Section by § 262.14of this
rule;
(6) The owner and operator of
a facility managing recyclable materials described in § 261.6 (a) (2), (3)
and (4) of this rule (except to the extent that requirements of this Section
are referred to in Section 279 or Subsections C, F, G or H of Section 266 of
this rule).
(7) A generator
accumulating waste on-site in compliance with applicable conditions for
exemption in §§ 262.14 through 262.17 and subsections K and L of
section 262 of this rule, except to the extent the requirements of this section
are included in those sections and subsections;
(8) A farmer disposing of waste pesticides
from his own use in compliance with § 262.70 of this rule; or
(9) The owner or operator of a totally
enclosed treatment facility, as defined in § 260.10.
(10) The owner or operator of an elementary
neutralization unit or a wastewater treatment unit as defined in § 260.10
of this rule, provided that if the owner or operator is diluting hazardous
ignitable (D001) wastes (other than the D001 High TOC Subcategory defined in
§ 268.40 of this Rule, Table Treatment Standards for Hazardous Wastes), or
reactive (D003) waste, to remove the characteristic before land disposal, the
owner/operator must comply with the requirements set out in §
265.17(b).
(11)
(i) Except as provided in paragraph
(c)(11)(ii) of this section, a person engaged in treatment or containment
activities during immediate response to any of the following situations:
(A) A discharge of a hazardous
waste;
(B) An imminent and
substantial threat of a discharge of a hazardous waste;
(C) A discharge of a material which, when
discharged, becomes a hazardous waste.
(D) An immediate threat to human health,
public safety, property, or the environment, from the known or suspected
presence of military munitions, other explosive material, or an explosive
device, as determined by an explosive or munitions emergency response
specialist as defined in § 260.10.
(ii) An owner or operator of a facility
otherwise regulated by this Section must comply with all applicable
requirements of Subsections C and D.
(iii) Any person who is covered by paragraph
(c)(11)(i) of this section and who continues or initiates hazardous waste
treatment or containment activities after the immediate response is over is
subject to all applicable requirements of this Section, 40 CFR parts 122
through 124, and Rule No. 8 for those activities.
(iv) In the case of an explosives or
munitions emergency response, if a Federal, State, Tribal or local official
acting within the scope of his or her official responsibilities, or an
explosives or munitions emergency response specialist, determines that
immediate removal of the material or waste is necessary to protect human health
or the environment, that official or specialist may authorize the removal of
the material or waste by transporters who do not have EPA identification
numbers and without the preparation of a manifest. In the case of emergencies
involving military munitions, the responding military emergency response
specialist's organizational unit must retain records for three years
identifying the dates of the response, the responsible persons responding, the
type and description of material addressed, and its disposition.
(12) A transporter storing
manifested shipments of hazardous waste in containers meeting the requirements
of Section 262.30 at a transfer facility for a period of ten days or
less.
(13) The addition of
absorbent material to waste in a container (as defined in § 260.10 of this
rule) or the addition of waste to the absorbent material in a container
provided that these actions occur at the time waste is first placed in the
containers; and §§ 265.17(b), 265.171, and 265.172 are complied
with.
(14) Universal waste handlers
and universal waste transporters (as defined in § 260.10) handling the
wastes listed below. These handlers are subject to rule under § 273, when
handling the below listed universal wastes.
(i) Batteries as described in §
273.2;
(ii) Pesticides as described
in § 273.3 of this rule;
(iii)
Mercury-containing devices as described in § 273.4 of this rule;
(iv) Lamps as described in § 273.5 of
this rule; and
(v)
Consumer electronic items as described in § 273.6.
(d) The following
hazardous wastes must not be managed at facilities subject to rule under this
section:
(1) EPA Hazardous Waste Nos. F020,
F021, F022, F023, F026, or F027 unless:
(i)
The wastewater treatment sludge is generated in a surface impoundment as
Section of the plant's wastewater treatment system;
(ii) The waste is stored in tanks or
containers;
(iii) The waste is
stored or treated in waste piles that meet the requirements of §
264.250(c) as well as all other applicable requirements of Subsection L of this
Section;
(iv) The waste is burned
in incinerators that are certified pursuant to the standards and procedures in
§ 265.352; or
(v) The waste is
burned in facilities that thermally treat the waste in a device other than an
incinerator and that are certified pursuant to the standards and procedures in
§ 265.383.
(e) The requirements of this Section apply to
owners or operators of all facilities which treat, store or dispose of
hazardous waste referred to in 40 CFR section 268 and Section 268 of this Rule,
and the 40 CFR Section 268 standards are considered material conditions or
requirements of the Section 265 interim status standards.
(f) Section 266.205 of this rule identifies
when the requirements of this section apply to the storage of military
munitions classified as solid waste under § 266.202 of this rule. The
treatment and disposal of hazardous waste military munitions are subject to the
applicable permitting, procedural, and technical standards in Sections 260
through 270.
§§ 265.2 -
265.3
[Reserved]
§ 265.4
Imminent hazard
action
Notwithstanding any other provisions of these rules, enforcement actions may be brought pursuant to section 7003 of RCRA or the Arkansas Remedial Action Trust Fund Act (RATFA) (A.C.A. §§ 8-7-501 et seq.).
Subsection B
-- General Facility
Standards
§ 265.10
Applicability
The rules in this Subsection apply to owners and operators of all hazardous waste facilities, except as § 265.1 provides otherwise.
§ 265.11
Identification number
Every facility owner or operator must apply to the Department for an EPA identification number.
§
265.12
Required notices
(a) The owner or operator of a facility that
is arranging or has arranged to receive hazardous waste subject to section 262,
subsection H from a foreign source must submit the following required notices:
(1) As per § 262.84(b), for imports
where the competent authority of the country of export does not require the
foreign exporter to submit to it a notification proposing export and obtain
consent from EPA and the competent authorities for the countries of transit,
such owner or operator of the facility, if acting as the importer, must provide
notification of the proposed transboundary movement in English to EPA using the
allowable methods listed in § 262.84(b)(1) at least 60 days before the
first shipment is expected to depart the country of export. The notification
may cover up to one year of shipments of wastes having similar physical and
chemical characteristics, the same United Nations classification, the same RCRA
waste codes and OECD waste codes, and being sent from the same foreign
exporter.
(2) As per §
262.84(d)(2)(xv), a copy of the movement document bearing all required
signatures within three (3) working days of receipt of the shipment to the
foreign exporter; to the competent authorities of the countries of export and
transit that control the shipment as an export and transit shipment of
hazardous waste respectively; and on or after the electronic import-export
reporting compliance date, to EPA electronically using EPA's Waste Import
Export Tracking System (WIETS), or its successor system. The original of the
signed movement document must be maintained at the facility for at least three
(3) years. The owner or operator of a facility may satisfy this recordkeeping
requirement by retaining electronically submitted documents in the facility's
account on EPA's Waste Import Export Tracking System (WIETS), or its successor
system, provided that copies are readily available for viewing and production
if requested by any EPA or authorized state inspector. No owner or operator of
a facility may be held liable for the inability to produce the documents for
inspection under this section if the owner or operator of a facility can
demonstrate that the inability to produce the document is due exclusively to
technical difficulty with EPA's Waste Import Export Tracking System (WIETS), or
its successor system, for which the owner or operator of a facility bears no
responsibility.
(3) As per §
262.84(f)(4), if the facility has physical control of the waste and it must be
sent to an alternate facility or returned to the country of export, such owner
or operator of the facility must inform EPA, using the allowable methods listed
in § 262.84(b)(1) of the need to return or arrange alternate management of
the shipment.
(4) As per §
262.84(g), such owner or operator shall:
(i)
Send copies of the signed and dated confirmation of recovery or disposal, as
soon as possible, but no later than thirty days after completing recovery or
disposal on the waste in the shipment and no later than one calendar year
following receipt of the waste, to the foreign exporter, to the competent
authority of the country of export that controls the shipment as an export of
hazardous waste, and on or after the electronic import-export reporting
compliance date, to EPA electronically using EPA's Waste Import Export Tracking
System (WIETS), or its successor system.
(ii) If the facility performed any of
recovery operations R12, R13, or RC16, or disposal operations D13 through D15,
or DC17, promptly send copies of the confirmation of recovery or disposal that
it receives from the final recovery or disposal facility within one year of
shipment delivery to the final recovery or disposal facility that performed one
of recovery operations R1 through R11, or RC16, or one of disposal operations
D1 through D12, or DC15 to DC16, to the competent authority of the country of
export that controls the shipment as an export of hazardous waste, and on or
after the electronic import-export reporting compliance date, to EPA
electronically using EPA's Waste Import Export Tracking System (WIETS), or its
successor system. The recovery and disposal operations in this paragraph are
defined in § 262.81.
(b) Before transferring ownership or
operation of a facility during its operating life, or of a disposal facility
during the post-closure care period, the owner or operator must notify the new
owner or operator in writing of the requirements of this Section and Section
270 of this rule. (Also see § 270.72 of this rule.)
[Comment: An owner's or operator's failure to notify the new owner or operator of the requirements of this Section in no way relieves the new owner or operator of his obligation to comply with all applicable requirements.]
§
265.13
General waste analysis
(a)
(1)
Before an owner or operator treats, stores, or disposes of any hazardous
wastes, or nonhazardous wastes if applicable under § 265.113(d), he must
obtain a detailed chemical and physical analysis of a representative sample of
the wastes. At a minimum, the analysis must contain all the information which
must be known to treat, store, or dispose of the waste in accordance with this
Section and Section 268 of this rule. As a minimum, this analysis shall
include a detailed waste characterization by a commercial facility for at least
10% of the waste processed for each large quantity generator shipping wastes to
the facility for treatment, storage, or disposal.
(2) The analysis may include data developed
under Section 261 of this rule, and existing published or documented data on
the hazardous waste or on waste generated from similar processes.
[Comment: For example, the facility's records of analyses performed on the waste before the effective date of these rules, or studies conducted on hazardous waste generated from processes similar to that which generated the waste to be managed at the facility, may be included in the data base required to comply with paragraph (a)(1) of this section. The owner or operator of an off-site facility may arrange for the generator of the hazardous waste to supply part of the information required by paragraph (a)(1) of this section, except as otherwise specified in § 268.7 (b) and (c). If the generator does not supply the information, and the owner or operator chooses to accept a hazardous waste, the owner or operator is responsible for obtaining the information required to comply with this section.]
(3) The analysis must be repeated as
necessary to ensure that it is accurate and up to date. At a minimum, the
analysis must be repeated:
(i) When the owner
or operator is notified, or has reason to believe, that the process or
operation generating the hazardous wastes or non-hazardous wastes, if
applicable, under § 265.113(d) has changed; and
(ii) For off-site facilities, when the
results of the inspection required in paragraph (a)(4) of this section indicate
that the hazardous waste received at the facility does not match the waste
designated on the accompanying manifest or shipping paper.
(4) The owner or operator of an off-site
facility must inspect and, if necessary, analyze each hazardous waste movement
received at the facility to determine whether it matches the identity of the
waste specified on the accompanying manifest or shipping paper.
(b) The owner or operator must
develop and follow a written waste analysis plan which describes the procedures
which he will carry out to comply with paragraph (a) of this section. He must
keep this plan at the facility. At a minimum, the plan must specify:
(1) The parameters for which each hazardous
waste, or non-hazardous waste if applicable under § 265.113(d), will be
analyzed and the rationale for the selection of these parameters (i.e., how
analysis for these parameters will provide sufficient information on the
waste's properties to comply with paragraph (a) of this section);
(2) The test methods which will be used to
test for these parameters;
(3) The
sampling method which will be used to obtain a representative sample of the
waste to be analyzed. A representative sample may be obtained using either:
(i) One of the sampling methods described in
Appendix I of Section 261 of this rule; or
(ii) An equivalent sampling method.
[Comment: See § 260.20(c) of this rule for related discussion.]
(4)
The frequency with which the initial analysis of the waste will be reviewed or
repeated to ensure that the analysis is accurate and up to date;
(5) For off-site facilities, the waste
analyses that hazardous waste generators have agreed to supply; and
(6) Where applicable, the methods that will
be used to meet the additional waste analysis requirements for specific waste
management methods as specified in §§ 265.200, 265.225, 265.252,
265.273, 265.314, 265.341, 265.375, 265.402, 265.1034(d), 265.1063(d), and
268.7 of this rule.
(7) For surface
impoundments exempted from land disposal restrictions under § 268.4(a) of
this rule, the procedures and schedule for:
(i) The sampling of impoundment
contents;
(ii) The analysis of test
data; and,
(iii) The annual removal
of residues which are not delisted under
40
CFR 260.22 or which exhibit a characteristic
of hazardous waste and either:
(A) Do not
meet applicable treatment standards of Section 268, Subsection D; or
(B) Where no treatment standards have been
established;
(1) Such residues are prohibited
from land disposal under § 268.32 or RCRA section 3004(d); or
(2) Such residues are prohibited from land
disposal under § 268.33(f).
(8) For owners and operators seeking an
exemption to the air emission standards of Subsection CC of this Section in
accordance with § 265.1083-
(i) If direct
measurement is used for the waste determination, the procedures and schedules
for waste sampling and analysis, and the results of the analysis of test data
to verify the exemption.
(ii) If
knowledge of the waste is used for the waste determination, any information
prepared by the facility owner or operator or by the generator of the hazardous
waste, if the waste is received from off-site, that is used as the basis for
knowledge of the waste.
(c) For off-site facilities, the waste
analysis plan required in paragraph (b) of this section must also specify the
procedures which will be used to inspect and, if necessary, analyze each
movement of hazardous waste received at the facility to ensure that it matches
the identity of the waste designated on the accompanying manifest or shipping
paper. At a minimum, the plan must describe:
(1) The procedures which will be used to
determine the identity of each movement of waste managed at the facility;
and
(2) The sampling method which
will be used to obtain a representative sample of the waste to be identified,
if the identification method includes sampling.
(3) The procedures that the owner or operator
of an off-site landfill receiving containerized hazardous waste will use to
determine whether a hazardous waste generator or treater has added a
biodegradable sorbent to the waste in the container.
§ 265.14
Security
(a) The owner or operator must
prevent the unknowing entry, and minimize the possibility for the unauthorized
entry, of persons or livestock onto the active portion of his facility, unless:
(1) Physical contact with the waste,
structures, or equipment with the active portion of the facility will not
injure unknowing or unauthorized persons or livestock which may enter the
active portion of a facility, and
(2) Disturbance of the waste or equipment, by
the unknowing or unauthorized entry of persons or livestock onto the active
portion of a facility, will not cause a violation of the requirements of this
Section.
(b) Unless
exempt under paragraphs (a)(1) and (2) of this section, a facility must have:
(1) A 24-hour surveillance system (e.g.,
television monitoring or surveillance by guards or facility personnel) which
continuously monitors and controls entry onto the active portion of the
facility; or
(2)
(i) An artificial or natural barrier (e.g., a
fence in good repair or a fence combined with a cliff), which completely
surrounds the active portion of the facility; and
(ii) A means to control entry, at all times,
through the gates or other entrances to the active portion of the facility
(e.g., an attendant, television monitors, locked entrance, or controlled
roadway access to the facility).
[Comment: The requirements of paragraph (b) of this section are satisfied if the facility or plant within which the active portion is located itself has a surveillance system, or a barrier and a means to control entry, which complies with the requirements of paragraph (b)(1) or (2) of this section.]
(c) Unless exempt under paragraphs (a)(1) and
(a)(2) of this section, a sign with the legend, "Danger - Unauthorized
Personnel Keep Out," must be posted at each entrance to the active
portion of a facility, and at other locations, in sufficient numbers to be seen
from any approach to this active portion. The legend must be written in English
and in any other language predominant in the area surrounding the facility
(e.g., facilities in counties bordering the Canadian province of Quebec must
post signs in French; facilities in counties bordering Mexico must post signs
in Spanish), and must be legible from a distance of at least 25 feet. Existing
signs with a legend other than "Danger - Unauthorized Personnel Keep Out" may
be used if the legend on the sign indicates that only authorized personnel are
allowed to enter the active portion, and that entry onto the active portion can
be dangerous.
[Comment: See § 265.117(b) for discussion of security requirements at disposal facilities during the post-closure care period.]
§
265.15
General Inspection requirements
(a) The owner or operator must inspect his
facility for malfunctions and deterioration, operator errors, and discharges
which may be causing - or may lead to:
(1)
Release of hazardous waste constituents to the environment or
(2) a threat to human health. The owner or
operator must conduct these inspections often enough to identify problems in
time to correct them before they harm human health or the
environment.
(b)
(1) The owner or operator must develop and
follow a written schedule for inspecting all monitoring equipment, safety and
emergency equipment, security devices, and operating and structural equipment
(such as dikes and sump pumps) that are important to preventing, detecting, or
responding to environmental or human health hazards.
(2) He must keep this schedule at the
facility.
(3) The schedule must
identify the types of problems (e.g., malfunctions or deterioration) which are
to be looked for during the inspection (e.g., inoperative sump pump, leaking
fitting, eroding dike, etc.).
(4)
The frequency of inspection may vary for the items on the schedule. However,
the frequency should be based on the rate of deterioration of the equipment and
the probability of an environmental or human health incident if the
deterioration, malfunction, or operator error goes undetected between
inspections. Areas subject to spills, such as loading and unloading areas, must
be inspected daily when in use. At a minimum, the inspection schedule must
include the items and frequencies called for in Sections 265.174, 265.193,
265.195, 265.226, 265.260, 265.278, 265.304, 265.347, 265.377, 265.403,
265.1033, 265.1052, 265.1053, 265.1058, and 265.1084 through 265.1090, where
applicable.
(c) The owner
or operator must remedy any deterioration or malfunction of equipment or
structures which the inspection reveals on a schedule which ensures that the
problem does not lead to an environmental or human health hazard. Where a
hazard is imminent or has already occurred, remedial action must be taken
immediately.
(d) The owner or
operator must record inspections in an inspection log or summary. He must keep
these records for at least three years from the date of inspection. At a
minimum, these records must include the date and time of the inspection, the
name of the inspector, a notation of the observations made, and the date and
nature of any repairs or other remedial actions.
§ 265.16
Personnel training
(a)
(1)
Facility personnel must successfully complete a program of classroom
instruction or on-the-job training that teaches them to perform their duties in
a way that ensures the facility's compliance with the requirements of this
Section. The owner or operator must ensure that this program includes all the
elements described in the document required under paragraph (d)(3) of this
section.
(2) This program must be
directed by a person trained in hazardous waste management procedures, and must
include instruction which teaches facility personnel hazardous waste management
procedures (including contingency plan implementation) relevant to the
positions in which they are employed.
(3) At a minimum, the training program must
be designed to ensure that facility personnel are able to respond effectively
to emergencies by familiarizing them with emergency procedures, emergency
equipment, and emergency systems, including where applicable:
(i) Procedures for using, inspecting,
repairing, and replacing facility emergency and monitoring equipment;
(ii) Key parameters for automatic waste feed
cut-off systems;
(iii)
Communications or alarm systems;
(iv) Response to fires or
explosions;
(v) Response to
ground-water contamination incidents; and
(vi) Shutdown of operations.
(4) For facility employees that
receive emergency response training pursuant to Occupational Safety and Health
Administration (OSHA) rules
29 CFR
1910.120(p)(8) and
1910.120(q),
the facility is not required to provide separate emergency response training
pursuant to this section, provided that the overall facility training meets all
the requirements of this section.
(b) Facility personnel must successfully
complete the program required in paragraph (a) of this section within six
months after the effective date of these rules or six months after the date of
their employment or assignment to a facility, or to a new position at a
facility, whichever is later. Employees hired after the effective date of these
rule must not work in unsupervised positions until they have completed the
training requirements of paragraph (a) of this section.
(c) Facility personnel must take part in an
annual review of the initial training required in paragraph (a) of this
section.
(d) The owner or operator
must maintain the following documents and records at the facility:
(1) The job title for each position at the
facility related to hazardous waste management, and the name of the employee
filling each job;
(2) A written job
description for each position listed under paragraph (d)(1) of this Section.
This description may be consistent in its degree of specificity with
descriptions for other similar positions in the same company location or
bargaining unit, but must include the requisite skill, education, or other
qualifications, and duties of facility personnel assigned to each
position;
(3) A written description
of the type and amount of both introductory and continuing training that will
be given to each person filling a position listed under paragraph (d)(1) of
this section;
(4) Records that
document that the training or job experience required under paragraphs (a),
(b), and (c) of this section has been given to, and completed by, facility
personnel.
(e) Training
records on current personnel must be kept until closure of the facility.
Training records on former employees must be kept for at least three years from
the date the employee last worked at the facility. Personnel training records
may accompany personnel transferred within the same company.
(f)
Certification of Hazardous Waste
Facility Operators. In addition to the requirements of §§ 265.15,
265.16, and 265.55, the following provisions shall be complied with:
(1)
No commercial hazardous waste
management facility shall be caused or permitted to operate unless at least one
person certified by the Department in accordance with the provisions of
subsection (2) below, is on duty, or on 15 minutes call, at all times the
facility is being operated. Depending upon the size and complexity of the
facility, the Department may require, as a condition of permit, one or more
certified operators to be on duty at all times the facility is in
operation.
(2)
No
person shall be certified by the Department at being qualified to serve as an
operator of a commercial hazardous waste management facility unless the person
is found to have the following qualifications:
(i)
Is physically capable of
performing all tasks reasonably expected of supervisory
personnel;
(ii)
Has a baccalaureate degree in engineering, physical science, health sciences,
or related disciplines or four years of significant demonstrated experience in
such fields;
(iii)
Has at least four additional years experience in management,
engineering, or in conducting chemical/physical analysis;
(iv)
Has a working familiarity with
the principles and requirements relative to industrial hygiene, worker safety,
emergency procedures and environmental protection as such principles and
requirements relate to the nature of the hazardous waste managed at the
facility in which said person is to have, or does have, supervisory
responsibility and as such principles and requirements relate to the type
storage, treatment and/or disposal in such facility;
(v)
Has a basic knowledge of the
principles of operation and standard operating procedures for all equipment
used in the facility in which said person is to have, or has, supervisory
responsibility; and
(vi)
Is a citizen of the United States, of good moral character with no
prior conviction of a felony or a crime of moral turpitude.
(3)
No employee of a
hazardous waste management facility shall be assigned the duties of
transferring, handling, sorting, mixing, treating or disposing of hazardous
waste unless that employee meets the requirements set out in § 264.16 (a),
(b) and (c).
(4)
No employee of a hazardous waste management facility shall be assigned the
duties of transferring, handling, sorting, mixing, treating or disposing of
hazardous waste unless that employee has demonstrated his/her capabilities
of:
(i)
Reading and
comprehending label instructions, operational procedures, contingency plans and
regulatory directives;
(ii)
Understanding the basic nature
of the materials which he/she is assigned to transfer, handle, sort, mix, treat
or dispose relative to the material's reactivity, toxicity, explosiveness and
flammability; and
(iii)
Operating all equipment which he is assigned to operate, including
personal safety and emergency equipment.
(5)
The owner or operator of a
hazardous waste management facility must maintain the records required in
§ 264.16(d).
(6)
Owners and/or operators of commercial hazardous waste management
facilities shall:
(i)
Maintain complete updated records of all workers assigned to a specific job
including name, address, date of starting specific job and date of termination
of specific job;
(ii)
Maintain a complete previous employment history and a complete job
mobility history within the facility kept for each employee;
(iii)
Have their personnel trained
in contingency procedures as prescribed in the facility's contingency plan,
which plan has been submitted and approved pursuant to this
Rule;
(iv)
Have
their personnel take part in a semiannual review and update of their initial
training in contingency procedures and other hazardous waste management
procedures relevant to those operations at which they are employed;
and
(v)
Have each
of their personnel undergo an annual health physical and said personnel's
spouses shall be offered an annual health physical, the specifics of which are
deemed appropriate by the Department, including health histories, reproductive
history and health histories of all offspring, with records of each of these
physicals available to the Department upon request with the written consent of
the individual. Consent will be given on a waiver form approved by the
Department written in such a fashion as to allow dissemination of information
to the Department or to authorized representatives designated in writing by the
Department.
(7)
The owner or operator of a hazardous waste management facility shall
promptly modify the training required of its employees whenever required to do
so upon the direction of the Department or whenever modification in training is
required as a condition of permit; provided, however, that preliminary
training, approved by the Department, will have been completed prior to
commencement of operation of a new hazardous waste management facility or prior
to commencement of an operation in an existing facility for which a permit has
been issued or modified.
§ 265.17
General requirements for
ignitable, reactive, or incompatible wastes
(a) The owner or operator must take
precautions to prevent accidental ignition or reaction of ignitable or reactive
waste. This waste must be separated and protected from sources of ignition or
reaction including but not limited to: Open flames, smoking, cutting and
welding, hot surfaces, frictional heat, sparks (static, electrical, or
mechanical), spontaneous ignition (e.g., from heat-producing chemical
reactions), and radiant heat. While ignitable or reactive waste is being
handled, the owner or operator must confine smoking and open flame to specially
designated locations. "No Smoking" signs must be conspicuously placed wherever
there is a hazard from ignitable or reactive waste.
(b) Where specifically required by other
sections of this Section, the treatment, storage, or disposal of ignitable or
reactive waste, and the mixture or commingling of incompatible wastes, or
incompatible wastes and materials, must be conducted so that it does not:
(1) Generate extreme heat or pressure, fire
or explosion, or violent reaction;
(2) Produce uncontrolled toxic mists, fumes,
dusts, or gases in sufficient quantities to threaten human health;
(3) Produce uncontrolled flammable fumes or
gases in sufficient quantities to pose a risk of fire or explosions;
(4) Damage the structural integrity of the
device or facility containing the waste; or
(5) Through other like means threaten human
health or the environment.
§ 265.18
Location standards
The placement of any hazardous waste in a salt dome, salt bed formation, underground mine or cave is prohibited.
§ 265.19
Construction quality
assurance program
(a) CQA program.
(1) A construction quality assurance (CQA)
program is required for all surface impoundment, waste pile, and landfill units
that are required to comply with §§ 265.221(a), 265.254, and
265.301(a). The program must ensure that the constructed unit meets or exceeds
all design criteria and specifications in the permit. The program must be
developed and implemented under the direction of a CQA officer who is an
Arkansas-registered professional engineer.
(2) The CQA program must address the
following physical components, where applicable:
(i) Foundations;
(ii) Dikes;
(iii) Low-permeability soil liners;
(iv) Geomembranes (flexible membrane
liners);
(v) Leachate collection
and removal systems and leak detection systems; and
(vi) Final cover systems.
(b) Written CQA plan.
Before construction begins on a unit subject to the CQA program under paragraph
(a) of this section, the owner or operator must develop a written CQA plan. The
plan must identify steps that will be used to monitor and document the quality
of materials and the condition and manner of their installation. The CQA plan
must include:
(1) Identification of applicable
units, and a description of how they will be constructed.
(2) Identification of key personnel in the
development and implementation of the CQA plan, and CQA officer
qualifications.
(3) A description
of inspection and sampling activities for all unit components identified in
paragraph (a)(2) of this section, including observations and tests that will be
used before, during, and after construction to ensure that the construction
materials and the installed unit components meet the design specifications. The
description must cover: Sampling size and locations; frequency of testing; data
evaluation procedures; acceptance and rejection criteria for construction
materials; plans for implementing corrective measures; and data or other
information to be recorded and retained in the operating record under §
265.73.
(c) Contents of
program.
(1) The CQA program must include
observations, inspections, tests, and measurements sufficient to ensure:
(i) Structural stability and integrity of all
components of the unit identified in paragraph (a)(2) of this
section;
(ii) Proper construction
of all components of the liners, leachate collection and removal system, leak
detection system, and final cover system, according to permit specifications
and good engineering practices, and proper installation of all components
(e.g., pipes) according to design specifications;
(iii) Conformity of all materials used with
design and other material specifications under §§ 264.221, 264.251,
and 264.301 of this rule.
(2) The CQA program shall include test fills
for compacted soil liners, using the same compaction methods as in the
full-scale unit, to ensure that the liners are constructed to meet the
hydraulic conductivity requirements of §§ 264.221(c)(1),
264.251(c)(1), and 264.301(c)(1) of this rule in the field. Compliance with the
hydraulic conductivity requirements must be verified by using in-situ testing
on the constructed test fill. The test fill requirement is waived where data
are sufficient to show that a constructed soil liner meets the hydraulic
conductivity requirements of §§ 264.221(c)(1), 264.251(c)(1), and
264.301(c)(1) of this rule in the field.
(d) Certification. The owner or operator of
units subject to § 265.19 must submit to the Director by certified mail or
hand delivery, at least 30 days prior to receiving waste, a certification
signed by the CQA officer that the CQA plan has been successfully carried out
and that the unit meets the requirements of §§ 265.221(a), 265.254,
or 265.301(a). The owner or operator may receive waste in the unit after 30
days from the Director's receipt of the CQA certification unless the Director
determines in writing that the construction is not acceptable, or extends the
review period for a maximum of 30 more days, or seeks additional information
from the owner or operator during this period. Documentation supporting the CQA
officer's certification must be furnished to the Director upon
request.
Subsection
C
-- Preparedness and Prevention
§ 265.30
Applicability
The rule in this Subsection apply to owners and operators of all hazardous waste facilities, except as § 265.1 provides otherwise.
§ 265.31
Maintenance and operation of facility
Facilities must be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment.
§ 265.32
Required equipment
All facilities must be equipped with the following, unless none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below:
(a) An internal communications or alarm
system capable of providing immediate emergency instruction (voice or signal)
to facility personnel;
(b) A
device, such as a telephone (immediately available at the scene of operations)
or a handheld two-way radio, capable of summoning emergency assistance from
local police departments, fire departments, or State or local emergency
response teams;
(c) Portable fire
extinguishers, fire control equipment (including special extinguishing
equipment, such as that using foam, inert gas, or dry chemicals), spill control
equipment, and decontamination equipment; and
(d) Water at adequate volume and pressure to
supply water hose streams, or foam producing equipment, or automatic
sprinklers, or water spray systems.
§ 265.33
Testing and maintenance
of equipment
All facility communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained as necessary to assure its proper operation in time of emergency.
§
265.34
Access to communications or alarm system
(a) Whenever hazardous waste is being poured,
mixed, spread, or otherwise handled, all personnel involved in the operation
must have immediate access to an internal alarm or emergency communication
device, either directly or through visual or voice contact with another
employee, unless such a device is not required under § 265.32.
(b) If there is ever just one employee on the
premises while the facility is operating, he must have immediate access to a
device, such as a telephone (immediately available at the scene of operation)
or a hand-held two-way radio, capable of summoning external emergency
assistance, unless such a device is not required under § 265.32.
§ 265.35
Required aisle
space
The owner or operator must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless aisle space is not needed for any of these purposes.
§ 265.36
[Reserved]
§
265.37
Arrangements with local authorities
(a) The owner or operator must attempt to
make the following arrangements, as appropriate for the type of waste handled
at his facility and the potential need for the services of these organizations:
(1) Arrangements to familiarize police, fire
departments, and emergency response teams with the layout of the facility,
properties of hazardous waste handled at the facility and associated hazards,
places where facility personnel would normally be working, entrances to roads
inside the facility, and possible evacuation routes;
(2) Where more than one police and fire
department might respond to an emergency, agreements designating primary
emergency authority to a specific police and a specific fire department, and
agreements with any others to provide support to the primary emergency
authority;
(3) Agreements with
State emergency response teams, emergency response contractors, and equipment
suppliers; and
(4) Arrangements to
familiarize local hospitals with the properties of hazardous waste handled at
the facility and the types of injuries or illnesses which could result from
fires, explosions, or releases at the facility.
(b) Where State or local authorities decline
to enter into such arrangements, the owner or operator must document the
refusal in the operating record.
Subsection D
-- Contingency Plan and
Emergency Procedures
§ 265.50
Applicability
The rules in this Subsection apply to owners and operators of all hazardous waste facilities, except as § 265.1 provides otherwise.
§ 265.51
Purpose and implementation of contingency plan
(a) Each owner or operator must have a
contingency plan for his facility. The contingency plan must be designed to
minimize hazards to human health or the environment from fires, explosions, or
any unplanned sudden or non-sudden release of hazardous waste or hazardous
waste constituents to air, soil, or surface water.
(b) The provisions of the plan must be
carried out immediately whenever there is a fire, explosion, or release of
hazardous waste or hazardous waste constituents which could threaten human
health or the environment.
§
265.52
Content of contingency plan
(a) The contingency plan must describe the
actions facility personnel must take to comply with §§ 265.51 and
265.56 in response to fires, explosions, or any unplanned sudden or non-sudden
release of hazardous waste or hazardous waste constituents to air, soil, or
surface water at the facility.
(b)
If the owner or operator has already prepared a Spill Prevention, Control, and
Countermeasures (SPCC) Plan in accordance with 40 CFR part 112, or some other
emergency or contingency plan, he need only amend that plan to incorporate
hazardous waste management provisions that are sufficient to comply with the
requirements of this Section. The owner or operator may develop one contingency
plan which meets all regulatory requirements. EPA and the Department recommend
that the plan be based on the National Response Team's Integrated Contingency
Plan Guidance (''One Plan''). When modifications are made to non-RCRA
provisions in an integrated contingency plan, the changes do not trigger the
need for a RCRA permit modification.
(c) The plan must describe arrangements
agreed to by local police departments, fire departments, hospitals,
contractors, and State and local emergency response teams to coordinate
emergency services, pursuant to § 265.37.
(d) The plan must list names, addresses, and
phone numbers (office and home) of all persons qualified to act as emergency
coordinator (see § 265.55), and this list must be kept up to date. Where
more than one person is listed, one must be named as primary emergency
coordinator and others must be listed in the order in which they will assume
responsibility as alternates.
(e)
The plan must include a list of all emergency equipment at the facility (such
as fire extinguishing systems, spill control equipment, communications and
alarm systems (internal and external), and decontamination equipment), where
this equipment is required. This list must be kept up to date. In addition, the
plan must include the location and a physical description of each item on the
list, and a brief outline of its capabilities.
(f) The plan must include an evacuation plan
for facility personnel where there is a possibility that evacuation could be
necessary. This plan must describe signal(s) to be used to begin evacuation,
evacuation routes, and alternate evacuation routes (in cases where the primary
routes could be blocked by releases of hazardous waste or fires).
§ 265.53
Copies of
contingency plan
A copy of the contingency plan and all revisions to the plan must be:
(a) Maintained at the
facility; and
(b) Submitted to all
local police departments, fire departments, hospitals, and State and local
emergency response teams that may be called upon to provide emergency
services.
§ 265.54
Amendment of contingency plan
The contingency plan must be reviewed, and immediately amended, if necessary, whenever:
(a) Applicable
rules are revised;
(b) The plan
fails in an emergency;
(c) The
facility changes - in its design, construction, operation, maintenance, or
other circumstances - in a way that materially increases the potential for
fires, explosions, or releases of hazardous waste or hazardous waste
constituents, or changes the response necessary in an emergency;
(d) The list of emergency coordinators
changes; or
(e) The list of
emergency equipment changes.
§
265.55
Emergency coordinator
At all times, there must be at least one employee either on the facility premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures. This emergency coordinator must be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person must have the authority to commit the resources needed to carry out the contingency plan.
[Comment: The emergency coordinator's responsibilities are more fully spelled out in § 265.56. Applicable responsibilities for the emergency coordinator vary, depending on factors such as type and variety of waste(s) handled by the facility, and type and complexity of the facility.]
§ 265.56
Emergency procedures
(a) Whenever
there is an imminent or actual emergency situation, the emergency coordinator
(or his designee when the emergency coordinator is on call) must immediately:
(1) Activate internal facility alarms or
communication systems, where applicable, to notify all facility personnel;
and
(2) Notify appropriate State or
local agencies with designated response roles if their help is
needed.
(b) Whenever
there is a release, fire, or explosion, the emergency coordinator must
immediately identify the character, exact source, amount, and areal extent of
any released materials. He may do this by observation or review of facility
records or manifests and, if necessary, by chemical analysis.
(c) Concurrently, the emergency coordinator
must assess possible hazards to human health or the environment that may result
from the release, fire, or explosion. This assessment must consider both direct
and indirect effects of the release, fire, or explosion (e.g., the effects of
any toxic, irritating, or asphyxiating gases that are generated, or the effects
of any hazardous surface water run-offs from water or chemical agents used to
control fire and heat-induced explosions).
(d) If the emergency coordinator determines
that the facility has had a release, fire, or explosion which could threaten
human health, or the environment, outside the facility, he must report his
findings as follows:
(1) If his assessment
indicates that evacuation of local areas may be advisable, he must immediately
notify appropriate local authorities. He must be available to help appropriate
officials decide whether local areas should be evacuated; and
(2) He must immediately notify either the
government official designated as the on-scene coordinator for that
geographical area, or the National Response Center (using their 24-hour toll
free number 800/424-8802). The report must include:
(i) Name and telephone number of
reporter;
(ii) Name and address of
facility;
(iii) Time and type of
incident (e.g., release, fire);
(iv) Name and quantity of material(s)
involved, to the extent known;
(v)
The extent of injuries, if any; and
(vi) The possible hazards to human health, or
the environment, outside the facility.
(e) During an emergency, the emergency
coordinator must take all reasonable measures necessary to ensure that fires,
explosions, and releases do not occur, recur, or spread to other hazardous
waste at the facility. These measures must include, where applicable, stopping
processes and operations, collecting and containing released waste, and
removing or isolating containers.
(f) If the facility stops operations in
response to a fire, explosion or release, the emergency coordinator must
monitor for leaks, pressure buildup, gas generation, or ruptures in valves,
pipes, or other equipment, wherever this is appropriate.
(g) Immediately after an emergency, the
emergency coordinator must provide for treating, storing, or disposing of
recovered waste, contaminated soil or surface water, or any other material that
results from a release, fire, or explosion at the facility.
[Comment: Unless the owner or operator can demonstrate, in accordance with § 261.3(c) or (d) of this rule, that the recovered material is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and must manage it in accordance with all applicable requirements of Sections 262, 263, and 265 of this rule.]
(h) The emergency coordinator must ensure
that, in the affected area(s) of the facility:
(1) No waste that may be incompatible with
the released material is treated, stored, or disposed of until cleanup
procedures are completed; and
(2)
All emergency equipment listed in the contingency plan is cleaned and fit for
its intended use before operations are resumed.
(i) The owner or operator must note in the
operating record the time, date, and details of any incident that requires
implementing the contingency plan. Within 15 days after the incident, he must
submit a written report on the incident to the Director. The report must
include:
(1) Name, address, and telephone
number of the owner or operator;
(2) Name, address, and telephone number of
the facility;
(3) Date, time, and
type of incident (e.g., fire, explosion);
(4) Name and quantity of material(s)
involved;
(5) The extent of
injuries, if any;
(6) An assessment
of actual or potential hazards to human health or the environment, where this
is applicable; and
(7) Estimated
quantity and disposition of recovered material that resulted from the
incident.
Subsection E
-- Manifest System,
Recordkeeping, and Reporting
§
265.70
Applicability
(a) The rules in this subsection apply to
owners and operators of both on-site and off-site facilities, except as §
265.1 provides otherwise. Sections 265.71, 265.72, and 265.76 do not apply to
owners and operators of on-site facilities that do not receive any hazardous
waste from off-site sources, nor to owners and operators of off-site facilities
with respect to waste military munitions exempted from manifest requirements
under § 266.203(a) of this rule.
(b) The revised Manifest form and procedures
in 40 CFR and Section 260.10, 261.7, 265.70, 265.71. 265.72, and 265.76 of this
Rule, shall not apply until September 5, 2006. The Manifest form and procedures
in 40 CFR 260.10,
261.7,
265.70,
265.71.
265.72, and 265.76, contained in the 40 CFR, parts 260 to 265, edition revised
as of July 1, 2004, shall be applicable until September 5,
2006.
§ 265.71
Use of manifest system
(a)
(1) If a facility receives hazardous waste
accompanied by a manifest, the owner, operator or his/her agent must sign and
date the manifest as indicated in paragraph (a)(2) to certify that the
hazardous waste covered by the manifest was received, that the hazardous waste
was received except as noted in the discrepancy space of the manifest, or that
the hazardous waste was rejected as noted in the manifest discrepancy
space.
(2) If a facility receives a
hazardous waste shipment accompanied by a manifest, the owner, operator or
his/her agent must:
(i) Sign and date each
copy of the manifest;
(ii) Note any
discrepancies (as defined in § 264.72(a)) on each copy of the
manifest;
(iii) Immediately give
the transporter at least one copy of the manifest;
(iv) Within 30 days of delivery, send a copy
(Page 2) of the manifest to the generator; and
(v) Paper manifest submission requirements
are:
(A) Options for compliance on June 30,
2108. Beginning on June 30, 2018, send the top copy (Page 1) of any paper
manifest and any paper continuation sheet to the EPA's e-Manifest system for
purposes of data entry and processing, or in lieu of submitting the paper copy
to EPA, the owner or operator may transmit to the EPA system an image file of
Page 1 of the manifest and any continuation sheet, or both a data file and
image file corresponding to Page 1 of the manifest and any continuation sheet,
within 30 days of the date of delivery. Submissions of copies to the e-Manifest
system shall be made at the mailing address or electronic mail/submission
address specified at the e-Manifest program website's directory of services.
Beginning on June 30, 2021, EPA will not accept mailed paper manifests from
facilities for processing in e-Manifest.
(B)
Options for compliance on June
30, 2021. Beginning on June 30, 2021, the requirement to submit the
top copy (Page 1) of the paper manifest and any paper continuation sheet to the
e-Manifest system for purposes of data entry and processing may be met by the
owner or operator only by transmitting to the EPA system an image file of Page
1 of the manifest and any continuation sheet, or by transmitting to the EPA
system both a data file and the image file corresponding to Page 1 of the
manifest and any continuation sheet, within 30 days of the date of delivery.
Submissions of copies to the e-Manifest system shall be made to the electronic
mail/submission address specified at the e-Manifest program website's directory
of services; and (vi) Retain at the facility a copy of each manifest for at
least three years from the date of delivery.
(3) The owner or operator of a facility that
receives hazardous waste subject to section 262, subsection H from a foreign
source must:
(i) Additionally list the
relevant consent number from consent documentation supplied by EPA to the
facility for each waste listed on the manifest, matched to the relevant list
number for the waste from block 9b. If additional space is needed, the owner or
operator should use a Continuation Sheet(s) (EPA Form 8700-22A); and
(ii) Send a copy of the manifest to EPA using
the addresses listed in § 262.82(e) within thirty (30) days of delivery
until the facility can submit such a copy to the e-Manifest system per
paragraph (a)(2)(v) of this section.
(b) If a facility receives, from a rail or
water (bulk shipment) transporter, hazardous waste which is accompanied by a
shipping paper containing all the information required on the manifest
(excluding the EPA identification numbers, generator's certification, and
signatures), the owner or operator, or his agent, must:
(1) Sign and date each copy of the manifest
or shipping paper (if the manifest has not been received) to certify that the
hazardous waste covered by the manifest or shipping paper was
received;
(2) Note any significant
discrepancies (as defined in § 265.72(a)) in the manifest or shipping
paper (if the manifest has not been received) on each copy of the manifest or
shipping paper;
[Comment: The Department does not intend that the owner or operator of a facility whose procedures under § 265.13(c) include waste analysis must perform that analysis before signing the shipping paper and giving it to the transporter. Section 265.72(b), however, requires reporting an unreconciled discrepancy discovered during later analysis.]
(3) Immediately give the rail or water (bulk
shipment) transporter at least one copy of the manifest or shipping paper (if
the manifest has not been received);
(4) Within 30 days after the delivery, send a
copy of the signed and dated manifest to the generator; or a signed and dated
copy of the shipping paper (if the manifest has not been received within 30
days after delivery) to the generator; and
[Comment: Section 262.23(c) of this rule requires the generator to send three copies of the manifest to the facility when hazardous waste is sent by rail or water (bulk shipment).]
(5) Retain at the facility a copy of the
manifest and shipping paper (if signed in lieu of the manifest at the time of
delivery) for at least three years from the date of delivery.
(c) Whenever a shipment
of hazardous waste is initiated from a facility, the owner or operator of that
facility must comply with the requirements of Section 262 of this rule. The
provisions of §§ 262.15, 262.16, and 262.17 of this rule are
applicable to the on-site accumulation of hazardous wastes by generators.
Therefore, the provisions of §§ 262.15, 262.16, and 262.17 only apply
to owners or operators who are shipping hazardous waste which they generated at
that facility or operating as a large quantity generator consolidating
hazardous waste from very small quantity generators under §
262.17(f).
(d) As per §
262.84(d)(2)(xv), within three (3) working days of the receipt of a shipment
subject to section 262, subsection H, the owner or operator of a facility must
provide a copy of the movement document bearing all required signatures to the
foreign exporter; to the competent authorities of the countries of export and
transit that control the shipment as an export and transit shipment of
hazardous waste respectively; and on or after the electronic import-export
reporting compliance date, to EPA electronically using EPA's Waste Import
Export Tracking System (WIETS), or its successor system. The original copy of
the movement document must be maintained at the facility for at least three (3)
years from the date of signature. The owner or operator of a facility may
satisfy this recordkeeping requirement by retaining electronically submitted
documents in the facility's account on EPA's Waste Import Export Tracking
System (WIETS), or its successor system, provided that copies are readily
available for viewing and production if requested by any EPA or authorized
state inspector. No owner or operator of a facility may be held liable for the
inability to produce the documents for inspection under this section if the
owner or operator of a facility can demonstrate that the inability to produce
the document is due exclusively to technical difficulty with EPA's Waste Import
Export Tracking System (WIETS), or its successor system, for which the owner or
operator of a facility bears no responsibility.
(e)
Treatment, storage, and disposal
facilities shall notify this Department and the Arkansas Highway Police of any
unpermitted transporters arriving at their gates or attempting to deliver
hazardous waste to their facility.
(f) A facility must determine whether the
consignment state for a shipment regulates any additional wastes (beyond those
regulated Federally) as hazardous wastes under its state hazardous waste
program. Facilities must also determine whether the consignment state or
generator state requires the facility to submit any copies of the manifest to
these states.
(g) Legal equivalence
to paper manifests. Electronic manifests that are obtained, completed, and
transmitted in accordance with § 262.20(a)(3), and used in accordance with
this section in lieu of the paper manifest form are the legal equivalent of
paper manifest forms bearing handwritten signatures, and satisfy for all
purposes any requirement in these rules to obtain, complete, sign, provide,
use, or retain a manifest.
(1) Any requirement
in these rules for the owner or operator of a facility to sign a manifest or
manifest certification by hand, or to obtain a handwritten signature, is
satisfied by signing with or obtaining a valid and enforceable electronic
signature within the meaning of §262.25(a).
(2) Any requirement in these rules to give,
provide, send, forward, or to return to another person a copy of the manifest
is satisfied when a copy of an electronic manifest is transmitted to the other
person.
(3) Any requirement in
these rules for a manifest to accompany a hazardous waste shipment is satisfied
when a copy of an electronic manifest is accessible during transportation and
forwarded to the person or persons who are scheduled to receive delivery of the
waste shipment.
(4) Any requirement
in these rules for an owner or operator to keep or retain a copy of each
manifest is satisfied by the retention of the facility's electronic manifest
copies in its account on the e-Manifest system, provided that such copies are
readily available for viewing and production if requested by any EPA or
authorized state inspector.
(5) No
owner or operator may be held liable for the inability to produce an electronic
manifest for inspection under this section if the owner or operator can
demonstrate that the inability to produce the electronic manifest is due
exclusively to a technical difficulty with the electronic manifest system for
which the owner or operator bears no responsibility.
(h) An owner or operator may participate in
the electronic manifest system either by accessing the electronic manifest
system from the owner's or operator's electronic equipment, or by accessing the
electronic manifest system from portable equipment brought to the owner's or
operator's site by the transporter who delivers the waste shipment to the
facility.
(i) Special procedures
applicable to replacement manifests. If a facility receives hazardous waste
that is accompanied by a paper replacement manifest for a manifest that was
originated electronically, the following procedures apply to the delivery of
the hazardous waste by the final transporter:
(1) Upon delivery of the hazardous waste to
the designated facility, the owner or operator must sign and date each copy of
the paper replacement manifest by hand in Item 20 (Designated Facility
Certification of Receipt) and note any discrepancies in Item 18 (Discrepancy
Indication Space) of the paper replacement manifest,
(2) The owner or operator of the facility
must give back to the final transporter one copy of the paper replacement
manifest,
(3) Within 30 days of
delivery of the waste to the designated facility, the owner or operator of the
facility must send one signed and dated copy of the paper replacement manifest
to the generator, and send an additional signed and dated copy of the paper
replacement manifest to the electronic manifest system, and
(4) The owner or operator of the facility
must retain at the facility one copy of the paper replacement manifest for at
least three years from the date of delivery.
(j) Special procedures applicable to
electronic signature methods undergoing tests. If an owner or operator using an
electronic manifest signs this manifest electronically using an electronic
signature method which is undergoing pilot or demonstration tests aimed at
demonstrating the practicality or legal dependability of the signature method,
then the owner or operator shall also sign with an ink signature the facility's
certification of receipt or discrepancies on the printed copy of the manifest
provided by the transporter. Upon executing its ink signature on this printed
copy, the owner or operator shall retain this original copy among its records
for at least 3 years from the date of delivery of the waste.
(k) Imposition of user fee for electronic
manifest use.
(1) As prescribed in §
265.1311, and determined in § 265.1312, an owner or operator who is a user
of the electronic manifest system shall be assessed a user fee by EPA for the
submission and processing of each electronic and paper manifest. EPA shall
update the schedule of user fees and publish them to the user community, as
provided in § 265.1313.
(2) An
owner or operator subject to user fees under this section shall make user fee
payments in accordance with the requirements of § 265.1314, subject to the
informal fee dispute resolution process of § 265.1316, and subject to the
sanctions for delinquent payments under § 265.1315.
(l) Electronic Manifest Signatures.
Electronic manifest signatures shall meet the criteria described in §
262.25(a).
(m) Post-receipt
manifest data corrections. After facilities have certified to the receipt of
hazardous wastes by signing Item 20 of the manifest, any post-receipt data
corrections may be submitted at any time by any interested person (e.g., waste
handler) shown on the manifest.
(1) Interested
persons must make all corrections to manifest data by electronic submission,
either by directly entering corrected data to the web based service provided in
e-Manifest for such corrections, or by an upload of a data file containing data
corrections relating to one or more previously submitted manifests.
(2) Each correction submission must include
the following information:
(i) The Manifest
Tracking Number and date of receipt by the facility of the original manifest(s)
for which data are being corrected;
(ii) The item number(s) of the original
manifest that is the subject of the submitted correction(s); and
(iii) For each item number with corrected
data, the data previously entered and the corresponding data as corrected by
the correction submission.
(3) Each correction submission shall include
a statement that the person submitting the corrections certifies that to the
best of his or her knowledge or belief, the corrections that are included in
the submission will cause the information reported about the previously
received hazardous wastes to be true, accurate, and complete:
(i) The certification statement must be
executed with a valid electronic signature; and
(ii) A batch upload of data corrections may
be submitted under one certification statement.
(4) Upon receipt by the system of any
correction submission, other interested persons shown on the manifest will be
provided electronic notice of the submitter's corrections.
(5) Other interested persons shown on the
manifest may respond to the submitter's corrections with comments to the
submitter, or by submitting another correction to the system, certified by the
respondent as specified in paragraph (m)(3) of this section, and with notice of
the corrections to other interested persons shown on the manifest.
§ 265.72
Manifest discrepancies
(a) Manifest
discrepancies are:
(1) Significant differences
(as defined by paragraph (b) of this section) between the quantity or type of
hazardous waste designated on the manifest or shipping paper, and the quantity
and type of hazardous waste a facility actually receives;
(2) Rejected wastes, which may be a full or
partial shipment of hazardous waste that the TSDF cannot accept; or
(3) Container residues, which are residues
that exceed the quantity limits for "empty" containers set forth in Section
261.7(b) of this Rule.
(b) Significant differences in quantity are:
For bulk waste, variations greater than 10 percent in weight; for batch waste,
any variation in piece count, such as a discrepancy of one drum in a truckload.
Significant differences in type are obvious differences which can be discovered
by inspection or waste analysis, such as waste solvent substituted for waste
acid, or toxic constituents not reported on the manifest or shipping
paper.
(c) Upon discovering a
significant discrepancy, the owner or operator must attempt to reconcile the
discrepancy with the waste generator or transporter (e.g., with telephone
conversations). If the discrepancy is not resolved within 15 days after
receiving the waste, the owner or operator must immediately submit to the
Director a letter describing the discrepancy and attempts to reconcile it, and
a copy of the manifest or shipping paper at issue.
(d)
(1)
Upon rejecting waste or identifying a container residue that exceeds the
quantity limits for "empty" containers set forth in Section 261.7(b) of this
Rule, the facility must consult with generator prior to forwarding the waste to
another facility that can manage the waste. If it is impossible to locate an
alternative facility that can receive the waste, the facility may return the
rejected waste or residue to the generator. The facility must send the waste to
the alternative facility or to the generator within 60 days of the rejection or
the container residue identification.
(2) While the facility is making arrangements
for forwarding rejected wastes or residues to another facility under this
section, it must ensure that either the delivering transporter retains custody
of the waste, or the facility must provide for secure, temporary custody of the
waste, pending delivery of the waste to the first transporter designated on the
manifest prepared under paragraph (e) or (f) of this section.
(e) Except as provided in
paragraph (e)(7) of this section, for full or partial load rejections and
residues that are to be sent off-site to an alternate facility, the facility is
required to prepare a new manifest in accordance with § 262.20(a) of this
Rule and the following instructions:
(1)
Write the generator's U.S. EPA ID number in Item 1 of the new manifest. Write
the generator's name and mailing address in Item 5 of the new manifest. If the
mailing address is different from the generator's site address, then write the
generator's site address in the designated space in Item 5.
(2) Write the name of the alternate
designated facility and the facility's U.S. EPA ID number in the designated
facility block (Item 8) of the new manifest.
(3) Copy the manifest tracking number found
in Item 4 of the old manifest to the Special Handling and Additional
Information Block of the new manifest, and indicate that the shipment is a
residue or rejected waste from the previous shipment,
(4) Copy the manifest tracking number found
in Item 4 of the new manifest to the manifest reference number line in the
Discrepancy Block of the old manifest (Item 18a).
(5) Write the DOT description for the
rejected load or the residue in Item 9 (U.S. DOT Description) of the new
manifest and write the container types, quantity, and volume(s) of
waste.
(6) Sign the
Generator's/Offeror's Certification to certify, as the offeror of the shipment,
that the waste has been properly packaged, marked and labeled and is in proper
condition for transportation, and mail a signed copy of the manifest to the
generator identified in Item 5 of the new manifest.
(7) For full load rejections that are made
while the transporter remains present at the facility, the facility may forward
the rejected shipment to the alternate facility by completing Item 18b of the
original manifest and supplying the information on the next destination
facility in the Alternate Facility space. The facility must retain a copy of
this manifest for its records, and then give the remaining copies of the
manifest to the transporter to accompany the shipment. If the original manifest
is not used, then the facility must use a new manifest and comply with
paragraphs (e)(1), (2), (3), (4), (5), and (6) of this Section.
(f) Except as provided in
paragraph (f)(7) of this section, for rejected wastes and residues that must be
sent back to the generator, the facility is required to prepare a new manifest
in accordance with § 262.20(a) of this Rule and the following
instructions:
(1) Write the facility's U.S.
EPA ID number in Item 1 of the new manifest. Write the facility's name and
mailing address in Item 5 of the new manifest. If the mailing address is
different from the facility's site address, then write the facility's site
address in the designated space for Item 5 of the new manifest.
(2) Write the name of the initial generator
and the generator's U.S. EPA ID number in the designated facility block (Item
8) of the new manifest.
(3) Copy
the manifest tracking number found in Item 4 of the old manifest to the Special
Handling and Additional Information Block of the new manifest, and indicate
that the shipment is a residue or rejected waste from the previous
shipment,
(4) Copy the manifest
tracking number found in Item 4 of the new manifest to the manifest reference
number line in the Discrepancy Block of the old manifest (Item 18a),
(5) Write the DOT description for the
rejected load or the residue in Item 9 (U.S. DOT Description) of the new
manifest and write the container types, quantity, and volume(s) of
waste.
(6) Sign the
Generator's/Offeror's Certification to certify, as offeror of the shipment,
that the waste has been properly packaged, marked and labeled and is in proper
condition for transportation,
(7)
For full load rejections that are made while the transporter remains at the
facility, the facility may return the shipment to the generator with the
original manifest by completing Item 18b of the manifest and supplying the
generator's information in the Alternate Facility space. The facility must
retain a copy for its records and then give the remaining copies of the
manifest to the transporter to accompany the shipment. If the original manifest
is not used, then the facility must use a new manifest and comply with
paragraphs (f)(1), (2), (3), (4), (5), and (6) of this Section.
(8) For full or partial load rejections and
container residues contained in non-empty containers that are returned to the
generator, the facility must also comply with the exception reporting
requirements in § 262.42(a).
(g) If a facility rejects a waste or
identifies a container residue that exceeds the quantity limits for "empty"
containers set forth in Section 261.7(b) of this Rule after it has signed,
dated, and returned a copy of the manifest to the delivering transporter or to
the generator, the facility must amend its copy of the manifest to indicate the
rejected wastes or residues in the discrepancy space of the amended manifest.
The facility must also copy the manifest tracking number from Item 4 of the new
manifest to the discrepancy space of the amended manifest, and must re-sign and
date the manifest to certify to the information as amended. The facility must
retain the amended manifest for at least three years from the date of
amendment, and must within 30 days, send a copy of the amended manifest to the
transporter and generator that received copies prior to their being
amended.
§ 265.73
Operating record
(a) The owner
or operator must keep a written operating record at his facility.
(b) The following information must be
recorded, as it becomes available, and maintained in the operating record for
three years unless noted below:
(1) A
description and the quantity of each hazardous waste received, and the
method(s) and date(s) of its treatment, storage, or disposal at the facility as
required by appendix I to this Section. This information must be maintained in
the operating record until closure of the facility;
(2) The location of each hazardous waste
within the facility and the quantity at each location. For disposal facilities,
the location and quantity of each hazardous waste must be recorded on a map or
diagram of each cell or disposal area. For all facilities, this information
must include cross-references to specific manifest document numbers, if the
waste was accompanied by a manifest. This information must be maintained in the
operating record until closure of the facility;
[Comment: See §§ 265.119, 265.279, and 265.309 for related requirements.]
(3)
Records and results of waste analyses and trial tests performed as specified in
§§ 265.13, 265.200, 265.225, 265.252, 265.273, 265.314, 265.341,
265.375, 265.402, 265.1034, 265.1063, 265.1084, 268.4(a), and 268.7 of this
rule;
(4) Summary reports and
details of all incidents that require implementing the contingency plan as
specified in § 265.56(j);
(5)
Records and results of inspections as required by § 265.15(d) (except
these data need be kept only three years);
[Comment: As required by § 265.94, monitoring data at disposal facilities must be kept throughout the post-closure period.]
(6) Monitoring,
testing, or analytical data, and corrective action where required by Subsection
F and §§ 265.19, 265.94, 265.191, 265.193, 265.195, 265.224, 265.226,
265.255, 265.260, 265.276, 265.278, 265.280(d)(1), 265.302-265.304, 265.347,
265.377, 265.1034(c)-265.1034(f), 265.1035, 265.1063(d)-265.1063(i), 265.1064,
and 265.1083 through 265.1090. Maintain in the operating record for three (3)
years, except for records and results pertaining to groundwater monitoring and
cleanup, and response action plans for surface impoundments, waste piles, and
landfills, which must be maintained in the operating record until closure of
the facility.
(7) All closure cost
estimates under § 265.142 and, for disposal facilities, all post-closure
cost estimates under § 265.144 must be maintained in the operating record
until closure of the facility..
(8)
Records of the quantities (and date of placement) for each shipment of
hazardous waste placed in land disposal units under an extension to the
effective date of any land disposal restriction granted pursuant to §
268.5 of this rule, monitoring data required pursuant to a petition under
§ 268.6 of this rule, or a certification under § 268.8 of this rule,
and the applicable notice required by a generator under § 268.7(a) of this
rule. All of this information must be maintained inthe operating record until
closure of the facility.
(9) For an
off-site treatment facility, a copy of the notice, and the certification and
demonstration if applicable, required by the generator or the owner or operator
under § 268.7 or § 268.8;
(10) For an on-site treatment facility, the
information contained in the notice (except the manifest number), and the
certification and demonstration if applicable, required by the generator or the
owner or operator under § 268.7 or § 268.8;
(11) For an off-site land disposal facility,
a copy of the notice, and the certification and demonstration if applicable,
required by the generator or the owner or operator of a treatment facility
under § 268.7 or § 268.8;
(12) For an on-site land disposal facility,
the information contained in the notice (except the manifest number), and the
certification and demonstration if applicable, required by the generator or the
owner or operator of a treatment facility under § 268.7 or §
268.8.
(13) For an off-site storage
facility, a copy of the notice, and the certification and demonstration if
applicable, required by the generator or the owner or operator under §
268.7 or § 268.8; and
(14) For
an on-site storage facility, the information contained in the notice (except
the manifest number), and the certification and demonstration if applicable,
required by the generator or the owner or operator of a treatment facility
under § 268.7 or § 268.8.
(15) Monitoring, testing or analytical data,
and corrective action where required by §§ 265.90, 265.93(d)(2), and
265.93(d)(5), and the certification as required by § 265.196(f) must be
maintained in the operating record until closure of the facility.
§ 265.74
Availability, retention, and disposition of records
(a) All records, including plans, required
under this Section must be furnished upon request, and made available at all
reasonable times for inspection, by any officer, employee, or representative of
DEQ who is duly designated by the Director.
(b) The retention period for all records
required under this Section is extended automatically during the course of any
unresolved enforcement action regarding the facility or as requested by the
Director.
(c) A copy of records of
waste disposal locations and quantities under § 265.73(b)(2) must be
submitted to the Director and local land authority upon closure of the facility
(see § 265.119).
§
265.75
Annual Report
The owner or operator of a treatment, storage or disposal facility must prepare and submit a single copy of an Annual Report to the Director not later than March 1, of each year. The Annual Report must be submitted on forms or in an electronic format furnished or approved by the Division and in accordance with the annual instruction booklet provided by the Division. The report must cover facility activities during the previous calendar year and must include, at a minimum, the following information:
(a)
The
EPA identification number, name and address of the facility;
(b)
The calendar year covered by the
report;
(c)
For
offsite facilities, the EPA identification number of each hazardous waste
generator from which the facility received a hazardous waste during the
year;
(d)
For
imported shipments, the report must give the name and address of the foreign
generator;
(e)
A
description and the quantity of each hazardous waste the facility received
during the year. For offsite facilities, this information must be listed by EPA
identification number of each generator.
(f)
The method of treatment,
storage, or disposal for each hazardous waste;
(g)
The most recent closure cost
estimate under § 265.142, and, for disposal facilities, the most recent
post-closure cost estimate under § 265.144; and
(h)
For generators who treat, store,
or dispose of hazardous waste on-site, a description of the efforts undertaken
during the year to reduce the volume and toxicity of waste
generated.
(i)
For generators who treat, store, or dispose of hazardous waste on-site, a
description of the changes in volume and toxicity of waste actually achieved
during the year in comparison to previous years to the extent such information
is available for the years prior to 1984.
(j)
A signed certification by the
owner or operator of the facility or his authorized representative that the
report is true, accurate, and correct.
(k)
The owner or operator of a land
disposal facility must, in addition to the requirements above, submit
monitoring data under § 265.94(a)(2) (ii) and (iii), and
(b)(2).
(l)
Commercial hazardous waste management facilities shall submit their Annual
Report in an electronic format as prescribed in the annual reporting
instructions, or as otherwise coordinated with the Division.
§ 265.76
Unmanifested
waste report
(a) If a facility accepts
for treatment, storage, or disposal any hazardous waste from an off-site source
without an accompanying manifest, or without an accompanying shipping paper as
described in § 263.20(e)(2) of this rule, and if the waste is not excluded
from the manifest requirement by § 261.5 of this rule, then the owner or
operator must prepare and submit a single copy of a report to the Director
within fifteen (15) days after receiving the waste. The unmanifested waste
report must contain the following information:
(1) The EPA identification number, name, and
address of the facility;
(2) The
date the facility received the waste;
(3) The EPA identification number, name, and
address of the generator and the transporter, if available;
(4) A description and the quantity of each
unmanifested hazardous waste the facility received;
(5) The method of treatment, storage, or
disposal for each hazardous waste;
(6) The certification signed by the owner or
operator of the facility or his authorized representative; and
(7) A brief explanation of why the waste was
unmanifested, if known.
[Comment: Where a facility receives unmanifested hazardous wastes, the Division suggests that the owner or operator obtain from each generator a certification that the waste qualifies for exclusion. Otherwise, the Division suggests that the owner or operator file an unmanifested waste report for the hazardous waste movement.]
(b) [Reserved.]
§ 265.77
Additional reports
In addition to submitting the annual report and unmanifested waste reports described in §§ 265.75 and 265.76, the owner or operator must also report to the Director:
(a) Releases, fires, and explosions as
specified in § 265.56(j);
(b)
Ground-water contamination and monitoring data as specified in §§
265.93 and 265.94; and
(c) Facility
closure as specified in § 265.115.
(d) As otherwise required by Subsections AA,
BB, and CC of this Section.
Subsection F
-- Groundwater
Monitoring
§ 265.90
Applicability
(a) Within one year
after the effective date of these rule, the owner or operator of a surface
impound-ment, landfill, or land treatment facility which is used to manage
hazardous waste must implement a ground-water monitoring program capable of
determining the facility's impact on the quality of ground water in the
uppermost aquifer underlying the facility, except as § 265.1 and paragraph
(c) of this section provide otherwise.
(b) Except as paragraphs (c) and (d) of this
section provide otherwise, the owner or operator must install, operate, and
maintain a ground-water monitoring system which meets the requirements of
§ 265.91, and must comply with §§ 265.92 through 265.94. This
ground-water monitoring program must be carried out during the active life of
the facility, and for disposal facilities, during the post-closure care period
as well.
(c) All or part of the
groundwater monitoring requirements of this Subsection may be waived if the
owner or operator can demonstrate that there is a low potential for migration
of hazardous waste or hazardous waste constituents from the facility via the
uppermost aquifer to water supply wells (domestic, industrial, or agricultural)
or to surface water. This demonstration must be in writing, and must be kept at
the facility. This demonstration must be certified by a qualified geologist or
geotechnical engineer and must establish the following:
(1) The potential for migration of hazardous
waste or hazardous waste constituents from the facility to the uppermost
aquifer, by an evaluation of:
(i) A water
balance of precipitation, evapotranspiration, runoff, and infiltration;
and
(ii) Unsaturated zone
characteristics (i.e., geologic materials, physical properties, and depth to
ground water); and
(2)
The potential for hazardous waste or hazardous waste constituents which enter
the uppermost aquifer to migrate to a water supply well or surface water, by an
evaluation of:
(i) Saturated zone
characteristics (i.e., geologic materials, physical properties, and rate of
groundwater flow); and
(ii) The
proximity of the facility to water supply wells or surface water.
(d) If an owner or
operator assumes (or knows) that ground-water monitoring of indicator
parameters in accordance with §§ 265.91 and 265.92 would show
statistically significant increases (or decreases in the case of pH) when
evaluated under § 265.93(b), he may install, operate, and maintain an
alternate groundwater monitoring system (other than the one described in
§§ 265.91 and 265.92). If the owner or operator decides to use an
alternate ground-water monitoring system he must:
(1) Within one year after the effective date
of these rule, develop a specific plan, certified by a qualified geologist or
geotechnical engineer, which satisfies the requirements of § 265.93(d)(3),
for an alternate groundwater monitoring system. This plan is to be placed in
the facility's operating records and maintained until closure of the
facility.
(2) Not later than one
year after the effective date of these rule, initiate the determinations
specified in § 265.93(d)(4);
(3) Prepare report in accordance with §
265.93(d)(5) and place it in the facility's operating record and maintain it
until closure of the facility.
(4)
Continue to make the determinations specified in § 265.93(d)(4) on a
quarterly basis until final closure of the facility; and
(5) Comply with the recordkeeping and
reporting requirements in § 265.94(b).
(e) The groundwater monitoring requirements
of this Subsection may be waived with respect to any surface impoundment that
(1) Is used to neutralize wastes which are
hazardous solely because they exhibit the corrosivity characteristic under
§ 261.22 of this rule or are listed as hazardous wastes in Subsection D of
Section 261 of this rule only for this reason, and
(2) contains no other hazardous wastes, if
the owner or operator can demonstrate that there is no potential for migration
of hazardous wastes from the impoundment. The demonstration must establish,
based upon consideration of the characteristics of the wastes and the
impoundment, that the corrosive wastes will be neutralized to the extent that
they no longer meet the corrosivity characteristic before they can migrate out
of the impoundment. The demonstration must be in writing and must be certified
by a qualified professional.
(f) The Director may replace all or part of
the requirements of this subpart applying to a regulated unit (as defined in
§ 264.90), with alternative requirements developed for groundwater
monitoring set out in an approved closure or post-closure plan or in an
enforceable document (as defined in § 270.1(c)(7)), where the Director
determines that:
(1) A regulated unit is
situated among solid waste management units (or areas of concern), a release
has occurred, and both the regulated unit and one or more solid waste
management unit(s) (or areas of concern) are likely to have contributed to the
release; and
(2) It is not
necessary to apply the requirements of this subpart because the alternative
requirements will protect human health and the environment. The alternative
standards for the regulated unit must meet the requirements of §
264.101(a).
§
265.91
Ground-water monitoring system
(a) A ground-water monitoring system must be
capable of yielding ground-water samples for analysis and must consist of:
(1) Monitoring wells (at least one) installed
hydraulically upgradient (i.e., in the direction of increasing static head)
from the limit of the waste management area. Their number, locations, and
depths must be sufficient to yield ground-water samples that are:
(i) Representative of background ground-water
quality in the uppermost aquifer near the facility; and
(ii) Not affected by the facility;
and
(2) Monitoring wells
(at least three) installed hydraulically downgradient (i.e., in the direction
of decreasing static head) at the limit of the waste management area. Their
number, locations, and depths must ensure that they immediately detect any
statistically significant amounts of hazardous waste or hazardous waste
constituents that migrate from the waste management area to the uppermost
aquifer.
(3) The facility owner or
operator may demonstrate that an alternate hydraulically downgradient
monitoring well location will meet the criteria outlined below. The
demonstration must be in writing and kept at the facility. The demonstration
must be certified by a qualified ground-water scientist and establish that:
(i) An existing physical obstacle prevents
monitoring well installation at the hydraulically downgradient limit of the
waste management area; and
(ii) The
selected alternate downgradient location is as close to the limit of the waste
management area as practical; and
(iii) The location ensures detection that,
given the alternate location, is as early as possible of any statistically
significant amounts of hazardous waste or hazardous waste constituents that
migrate from the waste management area to the uppermost aquifer.
(iv) Lateral expansion, new, or replacement
units are not eligible for an alternate downgradient location under this
paragraph.
(b)
Separate monitoring systems for each waste management component of a facility
are not required provided that provisions for sampling upgradient and
downgradient water quality will detect any discharge from the waste management
area.
(1) In the case of a facility
consisting of only one surface impoundment, landfill, or land treatment area,
the waste management area is described by the waste boundary
(perimeter).
(2) In the case of a
facility consisting of more than one surface impoundment, landfill, or land
treatment area, the waste management area is described by an imaginary boundary
line which circumscribes the several waste management
components.
(c) All
monitoring wells must be cased in a manner that maintains the integrity of the
monitoring well bore hole. This casing must be screened or perforated, and
packed with gravel or sand where necessary, to enable sample collection at
depths where appropriate aquifer flow zones exist. The annular space (i.e., the
space between the bore hole and well casing) above the sampling depth must be
sealed with a suitable material (e.g., cement grout or bentonite slurry) to
prevent contamination of samples and the ground water.
§ 265.92
Sampling and
analysis
(a) The owner or operator
must obtain and analyze samples from the installed ground-water monitoring
system. The owner or operator must develop and follow a ground-water sampling
and analysis plan. He must keep this plan at the facility. The plan must
include procedures and techniques for:
(1)
Sample collection;
(2) Sample
preservation and shipment;
(3)
Analytical procedures; and
(4)
Chain of custody control.
[Comment: See "Procedures Manual For Ground-water Monitoring At Solid Waste Disposal Facilities," EPA-530/SW-611, August 1977 and "Methods for Chemical Analysis of Water and Wastes," EPA-600/4-79-020, March 1979 for discussions of sampling and analysis procedures.]
(b) The owner or operator must determine the
concentration or value of the following parameters in ground-water samples in
accordance with paragraphs (c) and (d) of this section:
(1) Parameters characterizing the suitability
of the ground water as a drinking water supply, as specified in Appendix
III.
(2) Parameters establishing
ground-water quality:
(i) Chloride
(ii) Iron
(iii) Manganese
(iv) Phenols
(v) Sodium
(vi) Sulfate
[Comment: These parameters are to be used as a basis for comparison in the event a ground-water quality assessment is required under § 265.93(d).]
(3) Parameters used as indicators of
ground-water contamination:
(i) pH
(ii) Specific Conductance
(iii) Total Organic Carbon
(iv) Total Organic Halogen
(c)
(1) For all monitoring wells, the owner or
operator must establish initial background concentrations or values of all
parameters specified in paragraph (b) of this section. He must do this
quarterly for one year.
(2) For
each of the indicator parameters specified in paragraph (b)(3) of this section,
at least four replicate measurements must be obtained for each sample and the
initial background arithmetic mean and variance must be determined by pooling
the replicate measurements for the respective parameter concentrations or
values in samples obtained from upgradient wells during the first
year.
(d) After the first
year, all monitoring wells must be sampled and the samples analyzed with the
following frequencies:
(1) Samples collected
to establish ground-water quality must be obtained and analyzed for the
parameters specified in paragraph (b)(2) of this section at least
annually.
(2) Samples collected to
indicate ground-water contamination must be obtained and analyzed for the
parameters specified in paragraph (b)(3) of this section at least
semi-annually.
(e)
Elevation of the ground-water surface at each monitoring well must be
determined each time a sample is obtained.
§ 265.93
Preparation, evaluation,
and response
(a) Within one year after
the effective date of these rules, the owner or operator must prepare an
outline of a ground-water quality assessment program. The outline must describe
a more comprehensive ground-water monitoring program (than that described in
§§ 265.91 and 265.92) capable of determining:
(1) Whether hazardous waste or hazardous
waste constituents have entered the ground water;
(2) The rate and extent of migration of
hazardous waste or hazardous waste constituents in the ground water;
and
(3) The concentrations of
hazardous waste or hazardous waste constituents in the ground water.
(b) For each indicator parameter
specified in § 265.92(b)(3), the owner or operator must calculate the
arithmetic mean and variance, based on at least four replicate measurements on
each sample, for each well monitored in accordance with § 265.92(d)(2),
and compare these results with its initial background arithmetic mean. The
comparison must consider individually each of the wells in the monitoring
system, and must use the Student's t-test at the 0.01 level of significance
(see Appendix IV) to determine statistically significant increases (and
decreases, in the case of pH) over initial background.
(c)
(1) If
the comparisons for the upgradient wells made under paragraph (b) of this
section show a significant increase (or pH decrease), the owner or operator
must submit this information in accordance with §
265.94(a)(2)(ii).
(2) If the
comparisons for downgradient wells made under paragraph (b) of this section
show a significant increase (or pH decrease), the owner or operator must then
immediately obtain additional ground-water samples from those downgradient
wells where a significant difference was detected, split the samples in two,
and obtain analyses of all additional samples to determine whether the
significant difference was a result of laboratory error.
(d)
(1) If
the analyses performed under paragraph (c)(2) of this section confirm the
significant increase (or pH decrease), the owner or operator must provide
written notice to the Director - within seven days of the date of such
confirmation - that the facility may be affecting ground-water
quality.
(2) Within 15 days after
the notification under paragraph (d)(1) of this section, the owner or operator
must develop a specific plan, based on the outline required under paragraph (a)
of this section and certified by a qualified geologist or geotechnical
engineer, for a ground-water quality assessment at the facility. This plan must
be placed in the facility's operating record and be maintained until closure of
the facility.
(3) The plan to be
submitted under § 265.90(d)(1) or paragraph (d)(2) of this section must
specify:
(i) The number, location, and depth
of wells;
(ii) Sampling and
analytical methods for those hazardous wastes or hazardous waste constituents
in the facility;
(iii) Evaluation
procedures, including any use of previously-gathered ground-water quality
information; and
(iv) A schedule of
implementation.
(4) The
owner or operator must implement the ground-water quality assessment plan which
satisfies the requirements of paragraph (d)(3) of this section, and, at a
minimum, determine:
(i) The rate and extent of
migration of the hazardous waste or hazardous waste constituents in the ground
water; and
(ii) The concentrations
of the hazardous waste or hazardous waste constituents in the ground
water.
(5) The owner or
operator must make his first determination under paragraph (d)(4) of this
section as soon as technically feasible, and, prepare a report containing an
assessment of the groundwater quality. This report must be placed in the
facility operating record and be maintained until closure of the
facility.
(6) If the owner or
operator determines, based on the results of the first determination under
paragraph (d)(4) of this section, that no hazardous waste or hazardous waste
constituents from the facility have entered the ground water, then he may
reinstate the indicator evaluation program described in § 265.92 and
paragraph (b) of this section. If the owner or operator reinstates the
indicator evaluation program, he must so notify the Director in the report
submitted under paragraph (d)(5) of this section.
(7) If the owner or operator determines,
based on the first determination under paragraph (d)(4) of this section, that
hazardous waste or hazardous waste constituents from the facility have entered
the ground water, then he:
(i) Must continue
to make the determinations required under paragraph (d)(4) of this section on a
quarterly basis until final closure of the facility, if the ground-water
quality assessment plan was implemented prior to final closure of the facility;
or
(ii) May cease to make the
determinations required under paragraph (d)(4) of this section, if the
ground-water quality assessment plan was implemented during the post-closure
care period.
(e) Notwithstanding any other provision of
this Subsection, any ground-water quality assessment to satisfy the
requirements of § 265.93(d)(4) which is initiated prior to final closure
of the facility must be completed and reported in accordance with §
265.93(d)(5).
(f) Unless the ground
water is monitored to satisfy the requirements of § 265.93(d)(4), at least
annually the owner or operator must evaluate the data on ground-water surface
elevations obtained under § 265.92(e) to determine whether the
requirements under § 265.91(a) for locating the monitoring wells continues
to be satisfied. If the evaluation shows that § 265.91(a) is no longer
satisfied, the owner or operator must immediately modify the number, location,
or depth of the monitoring wells to bring the ground-water monitoring system
into compliance with this requirement.
§ 265.94
Recordkeeping and
reporting
(a) Unless the ground water
is monitored to satisfy the requirements of § 265.93(d)(4), the owner or
operator must:
(1) Keep records of the
analyses required in § 265.92(c) and (d), the associated ground-water
surface elevations required in § 265.92(e), and the evaluations required
in § 265.93(b) throughout the active life of the facility, and, for
disposal facilities, throughout the post-closure care period as well;
and
(2) Report the following
ground-water monitoring information to the Director:
(i) During the first year when initial
background concentrations are being established for the facility:
concentrations or values of the parameters listed in § 265.92(b)(1) for
each ground-water monitoring well within 15 days after completing each
quarterly analysis. The owner or operator must separately identify for each
monitoring well any parameters whose concentration or value has been found to
exceed the maximum contaminant levels listed in Appendix III.
(ii) Annually: Concentrations or values of
the parameters listed in § 265.92(b)(3) for each ground-water monitoring
well, along with the required evaluations for these parameters under §
265.93(b). The owner or operator must separately identify any significant
differences from initial background found in the upgradient wells, in
accordance with § 265.93(c)(1). During the active life of the facility,
this information must be submitted no later than March 1 following each
calendar year.
(iii) No later than
March 1 following each calendar year: Results of the evaluations of
ground-water surface elevations under § 265.93(f), and a description of
the response to that evaluation, where applicable.
(b) If the ground water is
monitored to satisfy the requirements of § 265.93(d)(4), the owner or
operator must:
(1) Keep records of the
analyses and evaluations specified in the plan, which satisfies the
requirements of § 265.93(d)(3), throughout the active life of the
facility, and, for disposal facilities, throughout the post-closure care period
as well; and
(2) Annually, until
final closure of the facility, submit to the Director a report containing the
results of his or her ground-water quality assessment program which includes,
but is not limited to, the calculated (or measured) rate of migration of
hazardous waste or hazardous waste constituents in the ground water during the
reporting period. This information must be submitted no later than March 1
following each calendar year.
Subsection G
-- Closure and
Post-Closure
§ 265.110
Applicability
Except as § 265.1 provides otherwise:
(a) Sections 265.111 through 265.115 (which
concern closure) apply to the owners and operators of all hazardous waste
management facilities; and
(b)
Sections 265.116 through 265.120 (which concern post-closure care) apply to the
owners and operators of:
(1) All hazardous
waste disposal facilities; and
(2)
Waste piles and surface impoundments for which the owner or operator intends to
remove the wastes at closure to the extent that these sections are made
applicable to such facilities in § 265.228 or § 265.258;
and
(3) Tank systems that are
required under § 265.197 to meet requirements for landfills.
(4) Containment buildings that are required
under § 265.1102 to meet the requirement for landfills,
and
(5)
Open burn/open detonation units where soil and/or groundwater contamination has
been identified as a result of operation of the unit.
(c) Section 265.121 applies to
owners and operators of units that are subject to the requirements of §
270.1(c)(7) and are regulated under an enforceable document (as defined in
§ 270.1(c)(7)).
(d) The
Director may replace all or part of the requirements of this subpart and the
unit-specific standards in § 265.111(c)) applying to a regulated unit (as
defined in § 264.90), with alternative requirements for closure set out in
an approved closure or post-closure plan, or in an enforceable document (as
defined in § 270.1(c)(7)), where the Director determines that:
(1) A regulated unit is situated among solid
waste management units (or areas of concern), a release has occurred, and both
the regulated unit and one or more solid waste management unit(s) (or areas of
concern) are likely to have contributed to the release, and
(2) It is not necessary to apply the closure
requirements of this subpart (and/or those referenced herein) because the
alternative requirements will protect human health and the environment, and
will satisfy the closure performance standard of § 265.111 (a) and (b).
§ 265.111
Closure performance standard
The owner or operator must close the facility in a manner that:
(a) Minimizes the need for
further maintenance, and
(b)
Controls, minimizes or eliminates, to the extent necessary to protect human
health and the environment, post-closure escape of hazardous waste, hazardous
constituents, leachate, contaminated run-off, or hazardous waste decomposition
products to the ground or surface waters or to the atmosphere, and
(c) Complies with the closure requirements of
this Subsection including, but not limited to, the requirements of §§
265.197, 265.228, 265.258, 265.280, 265.310, 265.351, 265.381, 265.404, and
265.1102.
§ 265.112
Closure plan; amendment of plan
(a) Written plan. By May 19, 1981, or by six
months after the effective date of the rule that first subjects a facility to
provisions of this section, the owner or operator of a hazardous waste
management facility must have a written closure plan. Until final closure is
completed and certified in accordance with § 265.115, a copy of the most
current plan must be furnished to the Director upon request, including request
by mail. In addition, for facilities without approved plans, it must also be
provided during site inspections, on the day of inspection, to any officer,
employee, or representative of the Division who is duly designated by the
Director.
(b) Content of plan. The
plan must identify steps necessary to perform partial and/or final closure of
the facility at any point during its active life. The closure plan must
include, at least:
(1) A description of how
each hazardous waste management unit at the facility will be closed in
accordance with § 265.111; and
(2) A description of how final closure of the
facility will be conducted in accordance with § 265.112. The description
must identify the maximum extent of the operation which will be unclosed during
the active life of the facility; and
(3) An estimate of the maximum inventory of
hazardous wastes ever on-site over the active life of the facility and a
detailed description of the methods to be used during partial and final
closure, including, but not limited to methods for removing, transporting,
treating, storing or disposing of all hazardous waste, identification of and
the type(s) of off-site hazardous waste management unit(s) to be used, if
applicable; and
(4) A detailed
description of the steps needed to remove or decontaminate all hazardous waste
residues and contaminated containment system components, equipment, structures,
and soils during partial and final closure including, but not limited to,
procedures for cleaning equipment and removing contaminated soils, methods for
sampling and testing surrounding soils, and criteria for determining the extent
of decontamination necessary to satisfy the closure performance standard;
and
(5) A detailed description of
other activities necessary during the partial and final closure periods to
ensure that all partial closures and final closure satisfy the closure
performance standards, including, but not limited to, ground-water monitoring,
leachate collection, and run-on and run-off control; and
(6) A schedule for closure of each hazardous
waste management unit and for final closure of the facility. The schedule must
include, at a minimum, the total time required to close each hazardous waste
management unit and the time required for intervening closure activities which
will allow tracking of the progress of partial and final closure. (For example,
in the case of a landfill unit, estimates of the time required to treat or
dispose of all hazardous waste inventory and of the time required to place a
final cover must be included.); and
(7) An estimate of the expected year of final
closure for facilities that use trust funds to demonstrate financial assurance
under § 265.143 or § 265.145 and whose remaining operating life is
less than twenty years, and for facilities without approved closure
plans.
(8) For facilities where the
Director has applied alternative requirements at regulated unit under
§§ 265.90(f), 265.110(d), and/or 265.140(d), either the alternative
requirements applying to the regulated unit, or a reference to the enforceable
document containing those alternative requirements.
(c) Amendment of plan. The owner or operator
may amend the closure plan at any time prior to the notification of partial or
final closure of the facility. An owner or operator with an approved closure
plan must submit a written request to the Director to authorize a change to the
approved closure plan. The written request must include a copy of the amended
closure plan for approval by the Director.
(1)
The owner or operator must amend the closure plan whenever:
(i) Changes in operating plans or facility
design affect the closure plan, or
(ii) There is a change in the expected year
of closure, if applicable, or
(iii)
In conducting partial or final closure activities, unexpected events require a
modification of the closure plan.
(iv) The owner or operator requests the
Director to apply alternative requirements to a regulated unit under
§§. 265.90(f), 265.110(d), and/or 265.140(d).
(2) The owner or operator must amend the
closure plan at least 60 days prior to the proposed change in facility design
or operation, or no later than 60 days after an unexpected event has occurred
which has affected the closure plan. If an unexpected event occurs during the
partial or final closure period, the owner or operator must amend the closure
plan no later than 30 days after the unexpected event. These provisions also
apply to owners or operators of surface impoundments and waste piles who
intended to remove all hazardous wastes at closure, but are required to close
as landfills in accordance with § 265.310.
(3) An owner or operator with an approved
closure plan must submit the modified plan to the Director at least 60 days
prior to the proposed change in facility design or operation, or no more than
60 days after an unexpected event has occurred which has affected the closure
plan. If an unexpected event has occurred during the partial or final closure
period, the owner or operator must submit the modified plan no more than 30
days after the unexpected event. These provisions also apply to owners or
operators of surface impoundments and waste piles who intended to remove all
hazardous wastes at closure but are required to close as landfills in
accordance with § 265.310. If the amendment to the plan is a Class 2 or 3
modification according to the criteria in § 270.42, the modification to
the plan will be approved according to the procedures in §
265.112(d)(4).
(4) The Director may
request modifications to the plan under the conditions described in paragraph
(c)(1) of this section. An owner or operator with an approved closure plan must
submit the modified plan within 60 days of the request from the Director, or
within 30 days if the unexpected event occurs during partial or final closure.
If the amendment is considered a Class 2 or 3 modification according to the
criteria in § 270.42, the modification to the plan will be approved in
accordance with the procedures in § 265.112(d)(4).
(d) Notification of partial closure and final
closure.
(1) The owner or operator must
submit the closure plan to the Director at least 180 days prior to the date on
which he expects to begin closure of the first surface impoundment, waste pile,
land treatment, or landfill unit, or final closure if it involves such a unit,
whichever is earlier. The owner or operator must submit the closure plan to the
Director at least 45 days prior to the date on which he expects to begin
partial or final closure of a boiler or industrial furnace. The owner or
operator must submit the closure plan to the Director at least 45 days prior to
the date on which he expects to begin final closure of a facility with only
tanks, container storage, or incinerator units. Owners or operators with
approved closure plans must notify the Director in writing at least 60 days
prior to the date on which he expects to begin closure of a surface
impound-ment, waste pile, landfill, or land treatment unit, or final closure of
a facility involving such a unit. Owners or operators with approved closure
plans must notify the Director in writing at least 45 days prior to the date on
which he expects to begin partial or final closure of a boiler or industrial
furnace. Owners or operators with approved closure plans must notify the
Director in writing at least 45 days prior to the date on which he expects to
begin final closure of a facility with only tanks, container storage, or
incinerator units.
(2) The date
when he "expects to begin closure" must be either:
(i) Within 30 days after the date on which
any hazardous waste management unit receives the known final volume of
hazardous wastes, or, if there is a reasonable possibility that the hazardous
waste management unit will receive additional hazardous wastes, no later than
one year after the date on which the unit received the most recent volume of
hazardous waste. If the owner or operator of a hazardous waste management unit
can demonstrate to the Director that the hazardous waste management unit or
facility has the capacity to receive additional hazardous wastes and he has
taken, and will continue to take, all steps to prevent threats to human health
and the environment, including compliance with all interim status requirements,
the Director may approve an extension to this one-year limit; or
(ii) For units meeting the requirements of
§ 265.113(d), no later than 30 days after the date on which the hazardous
waste management unit receives the known final volume of nonhazardous wastes,
or if there is a reasonable possibility that the hazardous waste management
unit will receive additional nonhazardous wastes, no later than one year after
the date on which the unit received the most recent volume of nonhazardous
wastes. If the owner or operator can demonstrate to the Director that the
hazardous waste management unit has the capacity to receive additional
nonhazardous wastes and he has taken, and will continue to take, all steps to
prevent threats to human health and the environment, including compliance with
all applicable interim status requirements, the Director may approve an
extension to this one-year limit.
(3) The owner or operator must submit his
closure plan to the Director no later than 15 days after:
(i) Termination of interim status except when
a permit is issued simultaneously with termination of interim status;
or
(ii) Issuance of a judicial
decree or final order under section 3008 of RCRA to cease receiving hazardous
wastes or close.
(4) The
Director will provide the owner or operator and the public, through a newspaper
notice, the opportunity to submit written comments on the plan and request
modifications to the plan no later than 30 days from the date of the notice. He
will also, in response to a request or at his own discretion, hold a public
hearing whenever such a hearing might clarify one or more issues concerning a
closure plan. The Director will give public notice of the hearing at least 30
days before it occurs. (Public notice of the hearing may be given at the same
time as notice of the opportunity for the public to submit written comments,
and the two notices may be combined.) The Director will approve, modify, or
disapprove the plan within 90 days of its receipt. If the Director does not
approve the plan he shall provide the owner or operator with a detailed written
statement of reasons for the refusal and the owner or operator must modify the
plan or submit a new plan for approval within 30 days after receiving such
written statement. The Director will approve or modify this plan in writing
within 60 days. If the Director modifies the plan, this modified plan becomes
the approved closure plan. The Director must assure that the approved plan is
consistent with §§ 265.111 through 265.115 and the applicable
requirements of §§ 265.90 et seq., 265.197, 265.228, 12,258, 265.280,
265.310, 265.351, 265.381, 265.404, and 265.1102. A copy of the modified plan
with a detailed statement of reasons for the modifications must be mailed to
the owner or operator.
(e) Removal of wastes and decontamination or
dismantling of equipment. Nothing in this section shall preclude the owner or
operator from removing hazardous wastes and decontaminating or dismantling
equipment in accordance with the approved partial or final closure plan at any
time before or after notification of partial or final closure.
§ 265.113
Closure; time allowed for closure
(a)
Within 90 days after receiving the final volume of hazardous wastes, or the
final volume of nonhazardous wastes if the owner or operator complies with all
applicable requirements in paragraphs (d) and (e) of this section, at a
hazardous waste management unit or facility, or within 90 days after approval
of the closure plan, whichever is later, the owner or operator must treat,
remove from the unit or facility, or dispose of on-site, all hazardous wastes
in accordance with the approved closure plan. The Director may approve a longer
period if the owner or operator demonstrates that:
(1)
(i) The
activities required to comply with this paragraph will, of necessity, take
longer than 90 days to complete; or
(ii)
(A)
The hazardous waste management unit or facility has the capacity to receive
additional hazardous wastes, or has the capacity to receive non-hazardous
wastes if the facility owner or operator complies with paragraphs (d) and (e)
of this section; and
(B) There is a
reasonable likelihood that he or another person will recommence operation of
the hazardous waste management unit or the facility within one year;
and
(C) Closure of the hazardous
waste management unit or facility would be incompatible with continued
operation of the site; and
(2) He has taken and will continue to take
all steps to prevent threats to human health and the environment, including
compliance with all applicable interim status requirements.
(b) The owner or operator must
complete partial and final closure activities in accordance with the approved
closure plan and within 180 days after receiving the final volume of hazardous
wastes, or the final volume of nonhazardous wastes if the owner or operator
complies with all applicable requirements in paragraphs (d) and (e) of this
section, at the hazardous waste management unit or facility, or 180 days after
approval of the closure plan, if that is later. The Director may approve an
extension to the closure period if the owner or operator demonstrates that:
(1)
(i) The
partial or final closure activities will, of necessity, take longer than 180
days to complete; or
(ii)
(A) The hazardous waste management unit or
facility has the capacity to receive additional hazardous wastes, or has the
capacity to receive non-hazardous wastes if the facility owner or operator
complies with paragraphs (d) and (e) of this section; and
(B) There is reasonable likelihood that he or
another person will recommence operation of the hazardous waste management unit
or the facility within one year; and
(C) Closure of the hazardous waste management
unit or facility would be incompatible with continued operation of the site;
and
(2) He has
taken and will continue to take all steps to prevent threats to human health
and the environment from the unclosed but not operating hazardous waste
management unit or facility, including compliance with all applicable interim
status requirements.
(c)
The demonstrations referred to in paragraphs (a)(1) and (b)(1) of this section
must be made as follows:
(1) The
demonstrations in paragraph (a)(1) of this section must be made at least 30
days prior to the expiration of the 90-day period in paragraph (a) of this
section; and
(2) The demonstration
in paragraph (b)(1) of this section must be made at least 30 days prior to the
expiration of the 180-day period in paragraph (b) of this section, unless the
owner or operator is otherwise subject to the deadlines in paragraph (d) of
this section.
(d) The
Director may allow an owner or operator to receive non-hazardous wastes in a
landfill, land treatment, or surface impoundment unit after the final receipt
of hazardous wastes at that unit if:
(1) The
owner or operator submits an amended part B application, or a part B
application, if not previously required, and demonstrates that:
(i) The unit has the existing design capacity
as indicated on the part A application to receive non-hazardous wastes;
and
(ii) There is a reasonable
likelihood that the owner or operator or another person will receive
non-hazardous wastes in the unit within one year after the final receipt of
hazardous wastes; and
(iii) The
non-hazardous wastes will not be incompatible with any remaining wastes in the
unit or with the facility design and operating requirements of the unit or
facility under this part; and
(iv)
Closure of the hazardous waste management unit would be incompatible with
continued operation of the unit or facility; and
(v) The owner or operator is operating and
will continue to operate in compliance with all applicable interim status
requirements; and
(2) The
part B application includes an amended waste analysis plan, ground-water
monitoring and response program, human exposure assessment required under RCRA
section 3019, and closure and post-closure plans, and updated cost estimates
and demonstrations of financial assurance for closure and post- closure care as
necessary and appropriate to reflect any changes due to the presence of
hazardous constituents in the non-hazardous wastes, and changes in closure
activities, including the expected year of closure if applicable under §
265.112(b)(7), as a result of the receipt of non-hazardous wastes following the
final receipt of hazardous wastes; and
(3) The part B application is amended, as
necessary and appropriate, to account for the receipt of non-hazardous wastes
following receipt of the final volume of hazardous wastes; and
(4) The part B application and the
demonstrations referred to in paragraphs (d)(1) and (d)(2) of this section are
submitted to the Director no later than 180 days prior to the date on which the
owner or operator of the facility receives the known final volume of hazardous
wastes, or no later than 90 days after the effective date of this rule in the
state in which the unit is located, whichever is later.
(e) In addition to the requirements in
paragraph (d) of this section, an owner or operator of a hazardous waste
surface impoundment that is not in compliance with the liner and leachate
collection system requirements in 42 U.S.C. 3004(o)(1) and 3005(j)(1) or 42
U.S.C. 3004(o)(2) or (3) or 3005(j) (2), (3), (4) or (13) must:
(1) Submit with the part B application:
(i) A contingent corrective measures plan;
and
(ii) A plan for removing
hazardous wastes in compliance with paragraph (e)(2) of this section;
and
(2) Remove all
hazardous wastes from the unit by removing all hazardous liquids and removing
all hazardous sludges to the extent practicable without impairing the integrity
of the liner(s), if any.
(3)
Removal of hazardous wastes must be completed no later than 90 days after the
final receipt of hazardous wastes. The Director may approve an extension to
this deadline if the owner or operator demonstrates that the removal of
hazardous wastes will, of necessity, take longer than the allotted period to
complete and that an extension will not pose a threat to human health and the
environment.
(4) If a release that
is a statistically significant increase (or decrease in the case of pH) in
hazardous constituents over background levels is detected in accordance with
the requirements in Subsection F of this Section, the owner or operator of the
unit:
(i) Must implement corrective measures
in accordance with the approved contingent corrective measures plan required by
paragraph (e)(1) of this section no later than one year after detection of the
release, or approval of the contingent corrective measures plan, whichever is
later;
(ii) May receive wastes at
the unit following detection of the release only if the approved corrective
measures plan includes a demonstration that continued receipt of wastes will
not impede corrective action; and
(iii) May be required by the Director to
implement corrective measures in less than one year or to cease receipt of
wastes until corrective measures have been implemented if necessary to protect
human health and the environment.
(5) During the period of corrective action,
the owner or operator shall provide annual reports to the Director that
describe the progress of the corrective action program, compile all
ground-water monitoring data, and evaluate the effect of the continued receipt
of non-hazardous wastes on the effectiveness of the corrective
action.
(6) The Director may
require the owner or operator to commence closure of the unit if the owner or
operator fails to implement corrective action measures in accordance with the
approved contingent corrective measures plan within one year as required in
paragraph (e)(4) of this section, or fails to make substantial progress in
implementing corrective action and achieving the facility's background
levels.
(7) If the owner or
operator fails to implement corrective measures as required in paragraph (e)(4)
of this section, or if the Director determines that substantial progress has
not been made pursuant to paragraph (e)(6) of this section he shall:
(i) Notify the owner or operator in writing
that the owner or operator must begin closure in accordance with the deadline
in paragraphs (a) and (b) of this section and provide a detailed statement of
reasons for this determination, and
(ii) Provide the owner or operator and the
public, through a newspaper notice, the opportunity to submit written comments
on the decision no later than 20 days after the date of the notice.
(iii) If the Director receives no written
comments, the decision will become final five days after the close of the
comment period. The Director will notify the owner or operator that the
decision is final, and that a revised closure plan, if necessary, must be
submitted within 15 days of the final notice and that closure must begin in
accordance with the deadlines in paragraphs (a) and (b) of this
section.
(iv) If the Director
receives written comments on the decision, he shall make a final decision
within 30 days after the end of the comment period, and provide the owner or
operator in writing and the public through a newspaper notice, a detailed
statement of reasons for the final decision. If the Director determines that
substantial progress has not been made, closure must be initiated in accordance
with the deadlines in paragraphs (a) and (b) of this section.
(v) The final determinations made by the
Director under paragraphs (e)(7) (iii) and (iv) of this section are not subject
to administrative appeal.
§ 265.114
Disposal or
decontamination of equipment, structures, and soils
During the partial and final closure periods, all contaminated equipment, structures and soil must be properly disposed of, or decontaminated unless specified otherwise in §§ 265.197, 265.228, 265.258, 265.280, or 265.310. By removing all hazardous wastes or hazardous constituents during partial and final closure, the owner or operator may become a generator of hazardous waste and must handle that hazardous waste in accordance with all applicable requirements of Section 261 of this rule.
§ 265.115
Certification of
closure
Within 60 days of completion of closure of each hazardous waste surface impoundment, waste pile, land treatment, and landfill unit, and within 60 days of completion of final closure, the owner or operator must submit to the Director, by registered mail, a certification that the hazardous waste management unit or facility, as applicable, has been closed in accordance with the specifications in the approved closure plan. The certification must be signed by the owner or operator and by an independent qualified Arkansas-registered professional engineer. Documentation supporting the independent Arkansas-registered professional engineer's certification must be furnished to the Director upon request until he releases the owner or operator from the financial assurance requirements for closure under § 265.143(h).
§
265.116
Survey plat
No later than the submission of the certification of closure of each hazardous waste disposal unit, an owner or operator must submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the Director, a survey plat indicating the location and dimensions of landfill cells or other hazardous waste disposal units with respect to permanently surveyed benchmarks. This plat must be prepared and certified by a professional land surveyor. The plat filed with the local zoning authority, or the authority with jurisdiction over local land use must contain a note, prominently displayed, which states the owner's or operator's obligation to restrict disturbance of the hazardous waste disposal unit in accordance with the applicable Subsection G rules.
§
265.117
Post-closure care and use of property
(a)
(1)
Post-closure care for each hazardous waste management unit subject to the
requirements of §§ 265.117 through 265.120 must begin after
completion of closure of the unit and continue for 30 years after that date. It
must consist of at least the following:
(i)
Monitoring and reporting in accordance with the requirements of Subsections F,
K, L, M, and N of this Section; and
(ii) Maintenance and monitoring of waste
containment systems in accordance with the requirements of Subsections F, K, L,
M, and N of this Section.
(2) Any time preceding closure of a hazardous
waste management unit subject to post-closure care requirements or final
closure, or any time during the post-closure period for a particular hazardous
waste disposal unit, the Director may:
(i)
Shorten the post-closure care period applicable to the hazardous waste
management unit, or facility, if all disposal units have been closed, if he
finds that the reduced period is sufficient to protect human health and the
environment (e.g., leachate or ground-water monitoring results, characteristics
of the hazardous waste, application of advanced technology, or alternative
disposal, treatment, or re-use techniques indicate that the hazardous waste
management unit or facility is secure); or
(ii) Extend the post-closure care period
applicable to the hazardous waste management unit or facility, if he finds that
the extended period is necessary to protect human health and the environment
(e.g., leachate or ground-water monitoring results indicate a potential for
migration of hazardous wastes at levels which may be harmful to human health
and the environment).
(b) The Director may require, at partial and
final closure, continuation of any of the security requirements of §
265.14 during part or all of the post-closure period when:
(1) Hazardous wastes may remain exposed after
completion of partial or final closure; or
(2) Access by the public or domestic
livestock may pose a hazard to human health.
(c) Post-closure use of property on or in
which hazardous wastes remain after partial or final closure must never be
allowed to disturb the integrity of the final cover, liner(s), or any other
components of the containment system, or the function of the facility's
monitoring systems, unless the Director finds that the disturbance:
(1) Is necessary to the proposed use of the
property, and will not increase the potential hazard to human health or the
environment; or
(2) Is necessary to
reduce a threat to human health or the environment.
(d) All post-closure care activities must be
in accordance with the provisions of the approved post-closure plan as
specified in § 265.118.
§
265.118
Post-closure plan; amendment of plan
(a) Written plan. By May 19, 1981, the owner
or operator of a hazardous waste disposal unit must have a written post-closure
plan. An owner or operator of a surface impoundment or waste pile that intends
to remove all hazardous wastes at closure must prepare a post-closure plan and
submit it to the Director within 90 days of the date that the owner or operator
or Director determines that the hazardous waste management unit or facility
must be closed as a landfill, subject to the requirements of §§
265.117 through 265.120.
(b) Until
final closure of the facility, a copy of the most current post-closure plan
must be furnished to the Director upon request, including request by mail. In
addition, for facilities without approved post-closure plans, it must also be
provided during site inspections, on the day of inspection, to any officer,
employee or representative of the Division who is duly designated by the
Director. After final closure has been certified, the person or office
specified in § 265.118(c)(3) must keep the approved post-closure plan
during the post-closure period.
(c)
For each hazardous waste management unit subject to the requirements of this
section, the post-closure plan must identify the activities that will be
carried on after closure of each disposal unit and the frequency of these
activities, and include at least:
(1) A
description of the planned monitoring activities and frequencies at which they
will be performed to comply with Subsections F, K, L, M, and N of this Section
during the post-closure care period; and
(2) A description of the planned maintenance
activities, and frequencies at which they will be performed, to ensure:
(i) The integrity of the cap and final cover
or other containment systems in accordance with the requirements of Subsections
K, L, M, and N of this Section; and
(ii) The function of the monitoring equipment
in accordance with the requirements of Subsections F, K, L, M, and N of this
Section; and
(3) The
name, address, and phone number of the person or office to contact about the
hazardous waste disposal unit or facility during the post-closure care
period.
(4) For facilities subject
to § 265.121, provisions that satisfy the requirements of §
265.121(a)(1) and (3).
(5) For
facilities where the Director has applied alternative requirements at a
regulated unit under §§ 265.90(f), 265.110(d), and/or 265.140(d),
either the alternative requirements that apply to the regulated unit, or a
reference to the enforceable document containing those requirements.
(d) Amendment of plan. The owner
or operator may amend the post-closure plan any time during the active life of
the facility or during the post-closure care period. An owner or operator with
an approved post-closure plan must submit a written request to the Director to
authorize a change to the approved plan. The written request must include a
copy of the amended post-closure plan for approval by the Director.
(1) The owner or operator must amend the
post-closure plan whenever:
(i) Changes in
operating plans or facility design affect the post-closure plan, or
(ii) Events which occur during the active
life of the facility, including partial and final closures, affect the
post-closure plan.
(iii) The owner
or operator requests the Director to apply alternative requirements to a
regulated unit under §§ 265.90(f), 265.110(d), and/or
265.140(d).
(2) The owner
or operator must amend the post-closure plan at least 60 days prior to the
proposed change in facility design or operation, or no later than 60 days after
an unexpected event has occurred which has affected the post-closure
plan.
(3) An owner or operator with
an approved post-closure plan must submit the modified plan to the Director at
least 60 days prior to the proposed change in facility design or operation, or
no more than 60 days after an unexpected event has occurred which has affected
the post-closure plan. If an owner or operator of a surface impoundment or a
waste pile who intended to remove all hazardous wastes at closure in accordance
with § 265.228(b) or § 265.258(a) is required to close as a landfill
in accordance with § 265.310, the owner or operator must submit a
post-closure plan within 90 days of the determination by the owner or operator
or Director that the unit must be closed as a landfill. If the amendment to the
post-closure plan is a Class 2 or 3 modification according to the criteria in
§ 270.42, the modification to the plan will be approved according to the
procedures in § 265.118(f).
(4) The Director may request modifications to
the plan under the conditions described in paragraph (d)(1) of this section. An
owner or operator with an approved post-closure plan must submit the modified
plan no later than 60 days of the request from the Director. If the amendment
to the plan is considered a Class 2 or 3 modification according to the criteria
in § 270.42, the modifications to the post-closure plan will be approved
in accordance with the procedures in § 265.118(f). If the Director
determines that an owner or operator of a surface impoundment or waste pile who
intended to remove all hazardous wastes at closure must close the facility as a
landfill, the owner or operator must submit a post-closure plan for approval to
the Director within 90 days of the determination.
(e) The owner or operator of a facility with
hazardous waste management units subject to these requirements must submit his
post-closure plan to the Director at least 180 days before the date he expects
to begin partial or final closure of the first hazardous waste disposal unit.
The date he "expects to begin closure" of the first hazardous waste disposal
unit must be either within 30 days after the date on which the hazardous waste
management unit receives the known final volume of hazardous waste or, if there
is a reasonable possibility that the hazardous waste management unit will
receive additional hazardous wastes, no later than one year after the date on
which the unit received the most recent volume of hazardous wastes. The owner
or operator must submit the post-closure plan to the Director no later than 15
days after:
(1) Termination of interim status
(except when a permit is issued to the facility simultaneously with termination
of interim status); or
(2) Issuance
of a judicial decree or final orders under section 3008 of RCRA to cease
receiving wastes or close.
(f) The Director will provide the owner or
operator and the public, through a newspaper notice, the opportunity to submit
written comments on the post-closure plan and request modifications to the plan
no later than 30 days from the date of the notice. He will also, in response to
a request or at his own discretion, hold a public hearing whenever such a
hearing might clarify one or more issues concerning a post-closure plan. The
Director will give public notice of the hearing at least 30 days before it
occurs. (Public notice of the hearing may be given at the same time as notice
of the opportunity for the public to submit written comments, and the two
notices may be combined.) The Director will approve, modify, or disapprove the
plan within 90 days of its receipt. If the Director does not approve the plan
he shall provide the owner or operator with a detailed written statement of
reasons for the refusal and the owner or operator must modify the plan or
submit a new plan for approval within 30 days after receiving such written
statement. The Director will approve or modify this plan in writing within 60
days. If the Director modifies the plan, this modified plan becomes the
approved post-closure plan. The Director must ensure that the approved
post-closure plan is consistent with §§ 265.117 through 265.120. A
copy of the modified plan with a detailed statement of reasons for the
modifications must be mailed to the owner or operator.
(g) The post-closure plan and length of the
post-closure care period may be modified any time prior to the end of the
post-closure care period in either of the following two ways:
(1) The owner or operator or any member of
the public may petition the Director to extend or reduce the post-closure care
period applicable to a hazardous waste management unit or facility based on
cause, or alter the requirements of the post-closure care period based on
cause.
(i) The petition must include evidence
demonstrating that:
(A) The secure nature of
the hazardous waste management unit or facility makes the post-closure care
requirement(s) unnecessary or supports reduction of the post-closure care
period specified in the current post-closure plan (e.g., leachate or
ground-water monitoring results, characteristics of the wastes, application of
advanced technology, or alternative disposal, treatment, or re-use techniques
indicate that the facility is secure), or
(B) The requested extension in the
post-closure care period or alteration of post-closure care requirements is
necessary to prevent threats to human health and the environment (e.g.,
leachate or ground-water monitoring results indicate a potential for migration
of hazardous wastes at levels which may be harmful to human health and the
environment).
(ii) These
petitions will be considered by the Director only when they present new and
relevant information not previously considered by the Director. Whenever the
Director is considering a petition, he will provide the owner or operator and
the public, through a newspaper notice, the opportunity to submit written
comments within 30 days of the date of the notice. He will also, in response to
a request or at his own discretion, hold a public hearing whenever a hearing
might clarify one or more issues concerning the post-closure plan. The Director
will give the public notice of the hearing at least 30 days before it occurs.
(Public notice of the hearing may be given at the same time as notice of the
opportunity for written public comments, and the two notices may be combined.)
After considering the comments, he will issue a final determination, based upon
the criteria set forth in paragraph (g)(1) of this section.
(iii) If the Director denies the petition, he
will send the petitioner a brief written response giving a reason for the
denial.
(2) The Director
may tentatively decide to modify the post-closure plan if he deems it necessary
to prevent threats to human health and the environment. He may propose to
extend or reduce the post-closure care period applicable to a hazardous waste
management unit or facility based on cause or alter the requirements of the
post-closure care period based on cause.
(i)
The Director will provide the owner or operator and the affected public,
through a newspaper notice, the opportunity to submit written comments within
30 days of the date of the notice and the opportunity for a public hearing as
in paragraph (g)(1)(ii) of this section. After considering the comments, he
will issue a final determination.
(ii) The Director will base his final
determination upon the same criteria as required for petitions under paragraph
(g)(1)(i) of this section. A modification of the post-closure plan may include,
where appropriate, the temporary suspension rather than permanent deletion of
one or more post-closure care requirements. At the end of the specified period
of suspension, the Director would then determine whether the requirement(s)
should be permanently discontinued or reinstated to prevent threats to human
health and the environment.
§ 265.119
Post-closure
notices
(a) No later than 60 days after
certification of closure of each hazardous waste disposal unit, the owner or
operator must submit to the local zoning authority, or the authority with
jurisdiction over local land use, and to the Director, a record of the type,
location, and quantity of hazardous wastes disposed of within each cell or
other disposal unit of the facility. For hazardous wastes disposed of before
January 12, 1981, the owner or operator must identify the type, location and
quantity of the hazardous wastes to the best of his knowledge and in accordance
with any records he has kept.
(b)
Within 60 days of certification of closure of the first hazardous waste
disposal unit and within 60 days of certification of closure of the last
hazardous waste disposal unit, the owner or operator must:
(1) Record, in accordance with State law, a
notation on the deed to the facility property - or on some other instrument
which is normally examined during title search - that will in perpetuity notify
any potential purchaser of the property that:
(i) The land has been used to manage
hazardous wastes; and
(ii) Its use
is restricted under § 265, Subsection G rules; and
(iii) The survey plat and record of the type,
location, and quantity of hazardous wastes disposed of within each cell or
other hazardous waste disposal unit of the facility required by §§
265.116 and 265.119(a) have been filed with the local zoning authority or the
authority with jurisdiction over local land use and with the Director; and
(2) Submit a
certification signed by the owner or operator that he has recorded the notation
specified in paragraph (b)(1) of this section and a copy of the document in
which the notation has been placed, to the Director.
(c) If the owner or operator or any
subsequent owner of the land upon which a hazardous waste disposal unit was
located wishes to remove hazardous wastes and hazardous waste residues, the
liner, if any, and all contaminated structures, equipment, and soils, he must
request a modification to the approved post-closure plan in accordance with the
requirements of § 265.118(g). The owner or operator must demonstrate that
the removal of hazardous wastes will satisfy the criteria of § 265.117(c).
By removing hazardous waste, the owner or operator may become a generator of
hazardous waste and must manage it in accordance with all applicable
requirements of this rule. If the owner or operator is granted approval to
conduct the removal activities, the owner or operator may request that the
Director approve either:
(1) The removal of
the notation on the deed to the facility property or other instrument normally
examined during title search, or
(2) The addition of a notation to the deed or
instrument indicating the removal of the hazardous waste.
§ 265.120
Certification of completion of post-closure care
No later than 60 days after the completion of the established post-closure care period for each hazardous waste disposal unit, the owner or operator must submit to the Director, by registered mail, a certification that the post-closure care period for the hazardous waste disposal unit was performed in accordance with the specifications in the approved post-closure plan. The certification must be signed by the owner or operator and an independent qualified Arkansas-registered professional engineer. Documentation supporting the independent Arkansas-registered professional engineer's certification must be furnished to the Director upon request until he releases the owner or operator from the financial assurance requirements for post-closure care under § 265.145(h).
§ 265.121
Post-closure
requirements for facilities that obtain enforceable documents in lieu of
post-closure permits
(a) Owners and
operators who are subject to the requirement to obtain a post-closure permit
under § 270.1(c), but who obtain enforceable documents in lieu of
post-closure permits, as provided under § 270.1(c)(7), must comply with
the following requirements:
(1) The
requirements to submit information about the facility in §
270.28;
(2) The requirements for
facility-wide corrective action in § 264.101 of this rule;
(3) The requirements of §§ CFR
264.91 through 264.100.
(b)
(1) The
Director, in issuing enforceable documents under Sec. 265.121 in lieu of
permits, will assure a meaningful opportunity for public involvement which, at
a minimum, includes public notice and opportunity for public comment:
(i) When the Division becomes involved in a
remediation at the facility as a regulatory or enforcement matter;
(ii) On the proposed preferred remedy and the
assumptions upon which the remedy is based, in particular those related to land
use and site characterization; and
(iii) At the time of a proposed decision that
remedial action is complete at the facility. These requirements must be met
before the Director may consider that the facility has met the requirements of
40 CFR
270.1(c)(7), unless the
facility qualifies for a modification to these public involvement procedures
under paragraph (b)(2) or (3) of this section.
(2) If the Director determines that even a
short delay in the implementation of a remedy would adversely affect human
health or the environment, the Director may delay compliance with the
requirements of paragraph (b)(1) of this section and implement the remedy
immediately. However, the Director must assure involvement of the public at the
earliest opportunity, and, in all cases, upon making the decision that
additional remedial action is not needed at the facility.
(3) The Director may allow a remediation
initiated prior to October 22, 1998 to substitute for corrective action
required under a post-closure permit even if the public involvement
requirements of paragraph (b)(1) of this section have not been met so long as
the Director assures that notice and comment on the decision that no further
remediation is necessary to protect human health and the environment takes
place at the earliest reasonable opportunity after October 22, 1998.
Subsection
H
-- Financial Requirements
§ 265.140
Applicability
(a) The requirements of §§ 265.142,
265.143 and 265.147 through 265.150 apply to owners or operators of all
hazardous waste facilities, except as provided otherwise in this section or in
§ 265.1.
(b) The requirements
of §§ 265.144 and 265.145 apply only to owners and operators of
(1) Disposal facilities;
(2) Tank systems that are required under
§ 265.197 to meet the requirements for landfills; and
(3) Containment buildings that are required
under § 265.1102 to meet the requirements for landfills.
(c) Facilities owned or operated
by the State or the Federal government are exempt from the requirements of this
Subsection.
(d) The Director may
replace all or part of the requirements of this subpart applying to a regulated
unit with alternative requirements for financial assurance set out in the
permit or in an enforceable document (as defined in § 270.1(c)(7)), where
the Director:
(1) Prescribes alternative
requirements for the regulated unit under § 265.90(f) and/or §
265.110(d), and
(2) Determines that
it is not necessary to apply the requirements of this subpart because the
alternative financial assurance requirements will protect human health and the
environment.
§
265.141
Definitions of terms as used in this
Subsection
(a) "Closure plan" means
the plan for closure prepared in accordance with the requirements of §
265.112.
(b) "Current closure cost
estimate" means the most recent of the estimates prepared in accordance with
§ 265.142 (a), (b), and (c).
(c) "Current post-closure cost estimate"
means the most recent of the estimates prepared in accordance with §
265.144 (a), (b), and (c).
(d)
"Parent corporation" means a corporation which directly owns at least 50
percent of the voting stock of the corporation which is the facility owner or
operator; the latter corporation is deemed a "subsidiary" of the parent
corporation.
(e) "Post-closure
plan" means the plan for post-closure care prepared in accordance with the
requirements of §§ 265.117 through 265.120.
(f) The following terms are used in the
specifications for the financial tests for closure, post-closure care, and
liability coverage. The definitions are intended to assist in the understanding
of these rules and are not intended to limit the meanings of terms in a way
that conflicts with generally accepted accounting practices.
"Assets" means all existing and all probable future economic benefits obtained or controlled by a particular entity.
"Captive insurance" means insurance for which the insurer underwrites insurance policies solely for its parent corporation or for other affiliates controlled by its parent.
"Completed fiscal year" shall mean a period based upon generally accepted accounting practices.
"Current assets" means cash or other assets or resources commonly identified as those which are reasonably expected to be realized in cash or sold or consumed during the normal operating cycle of the business.
"Current liabilities" means obligations whose liquidation is reasonably expected to require the use of existing resources properly classifiable as current assets or the creation of other current liabilities.
"Current plugging and abandonment cost estimate" means the most recent of the estimates prepared in accordance with 40 CFR Part 144.62(a), (b), and (c) of this title.
"Independently audited' refers to an audit performed by an independent certified public accountant in accordance with generally accepted auditing standards.
"Liabilities" means probable future sacrifices of economic benefits arising from present obligations to transfer assets or provide services to other entities in the future as a result of past transactions or events.
"Net working capital" means current assets minus current liabilities.
"Net worth" means total assets minus total liabilities and is equivalent to owner's equity.
"Tangible net worth" means the tangible assets that remain after deducting liabilities; such assets would not include intangibles such as goodwill and rights to patents or royalties.
(g) In the liability insurance requirements
the terms "bodily injury" and "property damage" shall have the meanings given
these terms by applicable State law. However, these terms do not include those
liabilities which, consistent with standard industry practice, are excluded
from coverage in liability policies for bodily injury and property damage. The
Division intends the meanings of other terms used in the liability insurance
requirements to be consistent with their common meanings within the insurance
industry. The definitions given below of several of the terms are intended to
assist in the understanding of these rules and are not intended to limit their
meanings in a way that conflicts with general insurance industry usage.
"Accidental occurrence" means an accident, including continuous or repeated exposure to conditions, which results in bodily injury or property damage neither expected nor intended from the standpoint of the insured.
"Legal defense costs" means any expenses that an insurer incurs in defending against claims of third parties brought under the terms and conditions of an insurance policy.
"Nonsudden accidental occurrence" means an occurrence which takes place over time and involves continuous or repeated exposure.
"Sudden accidental occurrence" means an occurrence which is not continuous or repeated in nature.
(h) "Substantial business relationship" means
the extent of a business relationship necessary under applicable State law to
make a guarantee contract issued incident to that relationship valid and
enforceable. A "substantial business relationship" must arise from a pattern of
recent or ongoing business transactions, in addition to the guarantee itself,
such that a currently existing business relationship between the guarantor and
the owner or operator is demonstrated to the satisfaction of the
Director.
§ 265.142
Cost estimate for closure
(a) The
owner or operator must have a detailed written estimate, in current dollars, of
the cost of closing the facility in accordance with the requirements in
§§ 265.111 through 265.115 and applicable closure requirements of
§§ 265.197, 265.228, 265.258, 265.280, 265.310, 265.351, 265.381,
265.404, and 265.1102.
(1) The estimate must
equal the cost of final closure at the point in the facility's active life when
the extent and manner of its operation would make closure the most expensive,
as indicated by its closure plan (see § 265.112(b)); and
(2) The closure cost estimate must be based
on the costs to the owner or operator of hiring a third party to close the
facility. A third party is a party who is neither a parent nor a subsidiary of
the owner or operator. (See definition of parent corporation in §
265.141(d).) The owner or operator may use costs for on-site disposal if he can
demonstrate that on-site disposal capacity will exist at all times over the
life of the facility.
(3) The
closure cost estimate may not incorporate any salvage value that may be
realized with the sale of hazardous wastes, or non-hazardous wastes if
applicable under § 265.113(d), facility structures or equipment, land, or
other assets associated with the facility at the time of partial or final
closure.
(4) The owner or operator
may not incorporate a zero cost for hazardous wastes, or non-hazardous wastes
if applicable under § 265.113(d), that might have economic
value.
(b) During the
active life of the facility, the owner or operator must adjust the closure cost
estimate for inflation within 60 days prior to the anniversary date of the
establishment of the financial instrument(s) used to comply with §
265.143. For owners and operators using the financial test or corporate
guarantee, the closure cost estimate must be updated for inflation within 30
days after the close of the firm's fiscal year and before submission of updated
information to the Director as specified in § 265.143(e)(3). The
adjustment may be made by recalculating the closure cost estimate in current
dollars, or by using an inflation factor derived from the most recent Implicit
Price Deflator for Gross National Product published by the U.S. Department of
Commerce in its Survey of Current Business, as specified in paragraphs (b)(1)
and (2) of this section. The inflation factor is the result of dividing the
latest published annual Deflator by the Deflator for the previous year.
(1) The first adjustment is made by
multiplying the closure cost estimate by the inflation factor. The result is
the adjusted closure cost estimate.
(2) Subsequent adjustments are made by
multiplying the latest adjusted closure cost estimate by the latest inflation
factor.
(c) During the
active life of the facility, the owner or operator must revise the closure cost
estimate no later than 30 days after a revision has been made to the closure
plan which increases the cost of closure. If the owner or operator has an
approved closure plan, the closure cost estimate must be revised no later than
30 days after the Director has approved the request to modify the closure plan,
if the change in the closure plan increases the cost of closure. The revised
closure cost estimate must be adjusted for inflation as specified in §
265.142(b).
(d) The owner or
operator must keep the following at the facility during the operating life of
the facility: The latest closure cost estimate prepared in accordance with
§§ 265.142 (a) and (c) and, when this estimate has been adjusted in
accordance with § 265.142(b), the latest adjusted closure cost
estimate.
§ 265.143
Financial assurance for closure
By the effective date of these rules, an owner or operator of each facility must establish financial assurance for closure of the facility. He must choose from the options as specified in paragraphs (a) through (e) of this section.
(a) Closure trust fund.
(1) An owner or operator may satisfy the
requirements of this section by establishing a closure trust fund which
conforms to the requirements of this paragraph and submitting an originally
signed duplicate of the trust agreement to the Director. The trustee must be an
entity which has the authority to act as a trustee and whose trust operations
are regulated and examined by a Federal or State agency.
(2) The wording of the trust agreement must
be identical to the wording specified in § 264.151(a)(1), and the trust
agreement must be accompanied by a formal certification of acknowledgment (for
example, see § 264.151(a)(2)). Schedule A of the trust agreement must be
updated within 60 days after a change in the amount of the current closure cost
estimate covered by the agreement.
(3) Payments into the trust fund must be made
annually by the owner or operator over the 20 years beginning with the
effective date of these rules or over the remaining operating life of the
facility as estimated in the closure plan, whichever period is shorter; this
period is hereafter referred to as the "pay-in period." The payments into the
closure trust fund must be made as follows:
(i) The first payment must be made by the
effective date of these rules, except as provided in paragraph (a)(5) of this
section. The first payment must be at least equal to the current closure cost
estimate, except as provided in § 265.143(f), divided by the number of
years in the pay-in period.
(ii)
Subsequent payments must be made no later than 30 days after each anniversary
date of the first payment. The amount of each subsequent payment must be
determined by this formula:
where CE is the current closure cost estimate, CV is the current value of the trust fund, and Y is the number of years remaining in the pay-in period.
(4)
The owner or operator may accelerate payments into the trust fund or he may
deposit the full amount of the current closure cost estimate at the time the
fund is established. However, he must maintain the value of the fund at no less
than the value that the fund would have if annual payments were made as
specified in paragraph (a)(3) of this section.
(5) If the owner or operator establishes a
closure trust fund after having used one or more alternate mechanisms specified
in this section, his first payment must be in at least the amount that the fund
would contain if the trust fund were established initially and annual payments
made as specified in paragraph (a)(3) of this section.
(6) After the pay-in period is completed,
whenever the current closure cost estimate changes, the owner or operator must
compare the new estimate with the trustee's most recent annual valuation of the
trust fund. If the value of the fund is less than the amount of the new
estimate, the owner or operator, within 60 days after the change in the cost
estimate, must either deposit an amount into the fund so that its value after
this deposit at least equals the amount of the current closure cost estimate,
or obtain other financial assurance as specified in this section to cover the
difference.
(7) If the value of the
trust fund is greater than the total amount of the current closure cost
estimate, the owner or operator may submit a written request to the Director
for release of the amount in excess of the current closure cost
estimate.
(8) If an owner or
operator substitutes other financial assurance as specified in this section for
all or part of the trust fund, he may submit a written request to the Director
for release of the amount in excess of the current closure cost estimate
covered by the trust fund.
(9)
Within 60 days after receiving a request from the owner or operator for release
of funds as specified in paragraph (a) (7) or (8) of this section, the Director
will instruct the trustee to release to the owner or operator such funds as the
Director specifies in writing.
(10)
After beginning partial or final closure, an owner or operator or another
person authorized to conduct partial or final closure may request
reimbursements for partial or final closure expenditures by submitting itemized
bills to the Director. The owner or operator may request reimbursements for
partial closure only if sufficient funds are remaining in the trust fund to
cover the maximum costs of closing the facility over its remaining operating
life. No later than 60 days after receiving bills for partial or final closure
activities, the Director will instruct the trustee to make reimbursements in
those amounts as the Director specifies in writing, if the Director determines
that the partial or final closure expenditures are in accordance with the
approved closure plan, or otherwise justified. If the Director has reason to
believe that the maximum cost of closure over the remaining life of the
facility will be significantly greater than the value of the trust fund, he may
withhold reimbursements of such amounts as he deems prudent until he
determines, in accordance with § 265.143(h) that the owner or operator is
no longer required to maintain financial assurance for final closure of the
facility. If the Director does not instruct the trustee to make such
reimbursements, he will provide to the owner or operator a detailed written
statement of reasons.
(11) The
Director will agree to termination of the trust when:
(i) An owner or operator substitutes
alternate financial assurance as specified in this section; or
(ii) The Director releases the owner or
operator from the requirements of this section in accordance with §
265.143(h).
(b)
Surety bond guaranteeing payment into a closure trust fund.
(1) An owner or operator may satisfy the
requirements of this section by obtaining a surety bond which conforms to the
requirements of this paragraph and submitting the bond to the Director. The
surety company issuing the bond must, at a minimum, be among those listed as
acceptable sureties on Federal bonds in Circular 570 of the U.S. Department of
the Treasury.
(2) The wording of
the surety bond must be identical to the wording specified in §
264.151(b).
(3) The owner or
operator who uses a surety bond to satisfy the requirements of this section
must also establish a standby trust fund. Under the terms of the bond, all
payments made thereunder will be deposited by the surety directly into the
standby trust fund in accordance with instructions from the Director. This
standby trust fund must meet the requirements specified in § 265.143(a),
except that:
(i) An originally signed
duplicate of the trust agreement must be submitted to the Director with the
surety bond; and
(ii) Until the
standby trust fund is funded pursuant to the requirements of this section, the
following are not required by these rules:
(A)
Payments into the trust fund as specified in § 265.143(a);
(B) Updating of Schedule A of the trust
agreement (see § 264.151(a)) to show current closure cost
estimates;
(C) Annual valuations as
required by the trust agreement; and
(D) Notices of nonpayment as required by the
trust agreement.
(4) The bond must guarantee that the owner or
operator will:
(i) Fund the standby trust fund
in an amount equal to the penal sum of the bond before the beginning of final
closure of the facility; or
(ii)
Fund the standby trust fund in an amount equal to the penal sum within 15 days
after an administrative order to begin final closure issued by the Director
becomes final, or within 15 days after an order to begin final closure is
issued by a U.S. district court or other court of competent jurisdiction;
or
(iii) Provide alternate
financial assurance as specified in this section, and obtain the Director's
written approval of the assurance provided, within 90 days after receipt by
both the owner or operator and the Director of a notice of cancellation of the
bond from the surety.
(5)
Under the terms of the bond, the surety will become liable on the bond
obligation when the owner or operator fails to perform as guaranteed by the
bond.
(6) The penal sum of the bond
must be in an amount at least equal to the current closure cost estimate,
except as provided in § 265.143(f).
(7) Whenever the current closure cost
estimate increases to an amount greater than the penal sum, the owner or
operator, within 60 days after the increase, must either cause the penal sum to
be increased to an amount at least equal to the current closure cost estimate
and submit evidence of such increase to the Director, or obtain other financial
assurance as specified in this section to cover the increase. Whenever the
current closure cost estimate decreases, the penal sum may be reduced to the
amount of the current closure cost estimate following written approval by the
Director.
(8) Under the terms of
the bond, the surety may cancel the bond by sending notice of cancellation by
certified mail to the owner or operator and to the Director. Cancellation may
not occur, however, during the 120 days beginning on the date of receipt of the
notice of cancellation by both the owner or operator and the Director, as
evidenced by the return receipts.
(9) The owner or operator may cancel the bond
if the Director has given prior written consent based on his receipt of
evidence of alternate financial assurance as specified in this
section.
(c) Closure
letter of credit.
(1) An owner or operator
may satisfy the requirements of this section by obtaining an irrevocable
standby letter of credit which conforms to the requirements of this paragraph
and submitting the letter to the Director. The issuing institution must be an
entity which has the authority to issue letters of credit and whose
letter-of-credit operations are regulated and examined by a Federal or State
agency.
(2) The wording of the
letter of credit must be identical to the wording specified in §
264.151(d).
(3) An owner or
operator who uses a letter of credit to satisfy the requirements of this
section must also establish a standby trust fund. Under the terms of the letter
of credit, all amounts paid pursuant to a draft by the Director will be
deposited by the issuing institution directly into the standby trust fund in
accordance with instructions from the Director. This standby trust fund must
meet the requirements of the trust fund specified in § 265.143(a), except
that:
(i) An originally signed duplicate of
the trust agreement must be submitted to the Director with the letter of
credit; and
(ii) Unless the standby
trust fund is funded pursuant to the requirements of this section, the
following are not required by these rules:
(A)
Payments into the trust fund as specified in § 265.143(a);
(B) Updating of Schedule A of the trust
agreement (see § 264.151(a)) to show current closure cost
estimates;
(C) Annual valuations as
required by the trust agreement; and
(D) Notices of nonpayment as required by the
trust agreement.
(4) The letter of credit must be accompanied
by a letter from the owner or operator referring to the letter of credit by
number, issuing institution, and date, and providing the following information:
The EPA Identification Number, name, and address of the facility, and the
amount of funds assured for closure of the facility by the letter of
credit.
(5) The letter of credit
must be irrevocable and issued for a period of at least 1 year. The letter of
credit must provide that the expiration date will be automatically extended for
a period of at least 1 year unless, at least 120 days before the current
expiration date, the issuing institution notifies both the owner or operator
and the Director by certified mail of a decision not to extend the expiration
date. Under the terms of the letter of credit, the 120 days will begin on the
date when both the owner or operator and the Director have received the notice,
as evidenced by the return receipts.
(6) The letter of credit must be issued in an
amount at least equal to the current closure cost estimate, except as provided
in § 265.143(f).
(7) Whenever
the current closure cost estimate increases to an amount greater than the
amount of the credit, the owner or operator, within 60 days after the increase,
must either cause the amount of the credit to be increased so that it at least
equals the current closure cost estimate and submit evidence of such increase
to the Director, or obtain other financial assurance as specified in this
section to cover the increase. Whenever the current closure cost estimate
decreases, the amount of the credit may be reduced to the amount of the current
closure cost estimate following written approval by the Director.
(8) Following a final administrative
determination pursuant to section 3008 of RCRA that the owner or operator has
failed to perform final closure in accordance with the approved closure plan
when required to do so, the Director may draw on the letter of
credit.
(9) If the owner or
operator does not establish alternate financial assurance as specified in this
section and obtain written approval of such alternate assurance from the
Director within 90 days after receipt by both the owner or operator and the
Director of a notice from the issuing institution that it has decided not to
extend the letter of credit beyond the current expiration date, the Director
will draw on the letter of credit. The Director may delay the drawing if the
issuing institution grants an extension of the term of the credit. During the
last 30 days of any such extension the Director will draw on the letter of
credit if the owner or operator has failed to provide alternate financial
assurance as specified in this section and obtain written approval of such
assurance from the Director.
(10)
The Director will return the letter of credit to the issuing institution for
termination when:
(i) An owner or operator
substitutes alternate financial assurance as specified in this section;
or
(ii) The Director releases the
owner or operator from the requirements of this section in accordance with
§ 265.143(h).
(d) Closure insurance.
(1) An owner or operator may satisfy the
requirements of this section by obtaining closure insurance which conforms to
the requirements of this paragraph and submitting a certificate of such
insurance to the Director. By the effective date of these rules the owner or
operator must submit to the Director a letter from an insurer stating that the
insurer is considering issuance of closure insurance conforming to the
requirements of this paragraph to the owner or operator. Within 90 days after
the effective date of these rules, the owner or operator must submit the
certificate of insurance and a copy of the applicable insurance policy
to the Director or establish other financial assurance as specified in
this section. At a minimum, the insurer must be 1) licensed to transact the
business of insurance, or eligible to provide insurance as an excess or surplus
lines insurer as recognized by the Arkansas Insurance Department; and
2) have a current rating of AAA, AA, or A as rated by Standard & Poor's;
Aaa, Aa, or A if rated by Moody's, or A++, A+, A, or A- if rated by A.M. Best.
Captive insurance shall not be used to provide financial assurance under the
requirements of this Rule.
(2) The wording of the certificate of
insurance must be identical to the wording specified in §
264.151(e).
(3) The closure
insurance policy must be issued for a face amount at least equal to the current
closure cost estimate, except as provided in § 265.143(f). The term "face
amount" means the total amount the insurer is obligated to pay under the
policy. Actual payments by the insurer will not change the face amount,
although the insurer's future liability will be lowered by the amount of the
payments.
(4) The closure insurance
policy must guarantee that funds will be available to close the facility
whenever final closure occurs. The policy must also guarantee that once final
closure begins, the insurer will be responsible for paying out funds, up to an
amount equal to the face amount of the policy, upon the direction of the
Director, to such party or parties as the Director specifies.
(5) After beginning partial or final closure,
an owner or operator or any other person authorized to conduct closure may
request reimbursements for closure expenditures by submitting itemized bills to
the Director. The owner or operator may request reimbursements for partial
closure only if the remaining value of the policy is sufficient to cover the
maximum costs of closing the facility over its remaining operating life. Within
60 days after receiving bills for closure activities, the Director will
instruct the insurer to make reimbursements in such amounts as the Director
specifies in writing if the Director determines that the partial or final
closure expenditures are in accordance with the approved closure plan or
otherwise justified. If the Director has reason to believe that the maximum
cost of closure over the remaining life of the facility will be significantly
greater than the face amount of the policy, he may withhold reimbursement of
such amounts as he deems prudent until he determines, in accordance with §
265.143(h), that the owner or operator is no longer required to maintain
financial assurance for final closure of the particular facility. If the
Director does not instruct the insurer to make such reimbursements, he will
provide to the owner or operator a detailed written statement of
reasons.
(6) The owner or operator
must maintain the policy in full force and effect until the Director consents
to termination of the policy by the owner or operator as specified in paragraph
(d)(10) of this section. Failure to pay the premium, without substitution of
alternate financial assurance as specified in this section, will constitute a
significant violation of these rules, warranting such remedy as the Director
deems necessary. Such violation will be deemed to begin upon receipt by the
Director of a notice of future cancellation, termination, or failure to renew
due to nonpayment of the premium, rather than upon the date of
expiration.
(7) Each policy must
contain a provision allowing assignment of the policy to a successor owner or
operator. Such assignment may be conditional upon consent of the insurer,
provided such consent is not unreasonably refused.
(8) The policy must provide that the insurer
may not cancel, terminate, or fail to renew the policy except for failure to
pay the premium. The automatic renewal of the policy must, at a minimum,
provide the insured with the option of renewal at the face amount of the
expiring policy. If there is a failure to pay the premium, the insurer may
elect to cancel, terminate, or fail to renew the policy by sending notice by
certified mail to the owner or operator and the Director. Cancellation,
termination, or failure to renew may not occur, however, during the 120 days
beginning with the date of receipt of the notice by both the Director and the
owner or operator, as evidenced by the return receipts. Cancellation,
termination, or failure to renew may not occur and the policy will remain in
full force and effect in the event that on or before the date of expiration:
(i) The Director deems the facility
abandoned; or
(ii) Interim status
is terminated or revoked; or
(iii)
Closure is ordered by the Director or a U.S. district court or other court of
competent jurisdiction; or
(iv) The
owner or operator is named as debtor in a voluntary or involuntary proceeding
under Title 11 (Bankruptcy), U.S. Code; or
(v) The premium due is paid.
(9) Whenever the current closure
cost estimate increases to an amount greater than the face amount of the
policy, the owner or operator, within 60 days after the increase, must either
cause the face amount to be increased to an amount at least equal to the
current closure cost estimate and submit evidence of such increase to the
Director, or obtain other financial assurance as specified in this section to
cover the increase. Whenever the current closure cost estimate decreases, the
face amount may be reduced to the amount of the current closure cost estimate
following written approval by the Director.
(10) The Director will give written consent
to the owner or operator that he may terminate the insurance policy when:
(i) An owner or operator substitutes
alternate financial assurance as specified in this section; or
(ii) The Director releases the owner or
operator from the requirements of this section in accordance with §
265.143(h).
(e)
Financial test and corporate guarantee for closure.
(1) An owner or operator may satisfy the
requirements of this section by demonstrating that he passes a financial test
as specified in this paragraph. To pass this test the owner or operator must
meet the criteria of either paragraph (e)(1)(i) or (ii) of this section:
(i) The owner or operator must have:
(A) Two of the following three ratios: A
ratio of total liabilities to net worth less than 2.0; a ratio of the sum of
net income plus depreciation, depletion, and amortization to total liabilities
greater than 0.1; and a ratio of current assets to current liabilities greater
than 1.5; and
(B) Net working
capital and tangible net worth each at least six times the sum of the current
closure and post-closure cost estimates and the current plugging and
abandonment cost estimates; and
(C)
Tangible net worth of at least $10 million; and
(D) Assets located in the United States
amounting to at least 90 percent of total assets or at least six times the sum
of the current closure and post-closure cost estimates and the current plugging
and abandonment cost estimates.
(ii) The owner or operator must have:
(A) A current rating for his most recent bond
issuance of AAA, AA, A, or BBB as issued by Standard and Poor's or Aaa, Aa, A,
or Baa as issued by Moody's*; and
(B) Tangible net worth at least six times the
sum of the current closure and post-closure cost estimates and the current
plugging and abandonment cost estimates; and
(C) Tangible net worth of at least $10
million; and
(D) Assets located in
the United States amounting to at least 90 percent of total assets or at least
six times the sum of the current closure and post-closure cost estimates and
the current plugging and abandonment cost estimates.
(2) The phrase "current closure
and post-closure cost estimates" as used in paragraph (e)(1) of this section
refers to the cost estimates required to be shown in paragraphs 1-4 of the
letter from the owner's or operator's chief financial officer (§
264.151(f)). The phrase "current plugging and abandonment cost estimates" as
used in paragraph (e)(1) of this section refers to the cost estimates required
to be shown in paragraphs 1-4 of the letter from the owner's or operator's
chief financial officer (§ 144.70(f) of this title).
(3) To demonstrate that he meets this test,
the owner or operator must submit the following items to the Director:
(i) A letter signed by the owner's or
operator's chief financial officer and worded as specified in §
264.151(f); and
(ii) A copy of the
independent certified public accountant's report on examination of the owner's
or operator's financial statements for the latest completed fiscal year;
and
(iii) A special report from the
owner's or operator's independent certified public accountant to the owner or
operator stating that:
(A) He has compared the
data which the letter from the chief financial officer specifies as having been
derived from the independently audited, year-end financial statements for the
latest fiscal year with the amounts in such financial statements; and
(B) In connection with that procedure, no
matters came to his attention which caused him to believe that the specified
data should be adjusted; and
(iv)
A copy of the owner's or
operator's independently audited financial statements for the latest completed
fiscal year, with all notes and attachments.
(4) The owner or operator may obtain an
extension of the time allowed for submission of the documents specified in
paragraph (e)(3) of this section if the fiscal year of the owner or operator
ends during the 90 days prior to the effective date of these rules and if the
year-end financial statements for that fiscal year will be audited by an
independent certified public accountant. The extension will end no later than
90 days after the end of the owner's or operator's fiscal year. To obtain the
extension, the owner's or operator's chief financial officer must send, by the
effective date of these rules, a letter to the Director. This letter from the
chief financial officer must:
(i) Request the
extension;
(ii) Certify that he has
grounds to believe that the owner or operator meets the criteria of the
financial test;
(iii) Specify for
each facility to be covered by the test the EPA Identification Number, name,
address, and current closure and post-closure cost estimates to be covered by
the test;
(iv) Specify the date
ending the owner's or operator's last complete fiscal year before the effective
date of these rules;
(v) Specify
the date, no later than 90 days after the end of such fiscal year, when he will
submit the documents specified in paragraph (e)(3) of this section;
and
(vi) Certify that the year-end
financial statements of the owner or operator for such fiscal year will be
audited by an independent certified public accountant.
(5) After the initial submission of items
specified in paragraph (e)(3) of this section, the owner or operator must send
updated information to the Director within 90 days after the close of each
succeeding fiscal year. This information must consist of all four
items specified in paragraph (e)(3) of this section.
(6) If the owner or operator no longer meets
the requirements of paragraph (e)(1) of this section, he must send notice to
the Director of intent to establish alternate financial assurance as specified
in this section. The notice must be sent by certified mail within 90 days after
the end of the fiscal year for which the year-end financial data show that the
owner or operator no longer meets the requirements. The owner or operator must
provide the alternate financial assurance within 120 days after the end of such
fiscal year.
(7) The Director may,
based on a reasonable belief that the owner or operator may no longer meet the
requirements of paragraph (e)(1) of this section, require reports of financial
condition at any time from the owner or operator in addition to those specified
in paragraph (e)(3) of this section. If the Director finds, on the basis of
such reports or other information, that the owner or operator no longer meets
the requirements of paragraph (e)(1) of this section, the owner or operator
must provide alternate financial assurance as specified in this section within
30 days after notification of such a finding.
(8) The Director may disallow use of this
test on the basis of qualifications in the opinion expressed by the independent
certified public accountant in his report on examination of the owner's or
operator's financial statements (see paragraph (e)(3)(ii) of this section). An
adverse opinion or a disclaimer of opinion will be cause for disallowance. The
Director will evaluate other qualifications on an individual basis. The owner
or operator must provide alternate financial assurance as specified in this
section within 30 days after notification of the disallowance.
(9) The owner or operator is no longer
required to submit the items specified in paragraph (e)(3) of this section
when:
(i) An owner or operator substitutes
alternate financial assurance as specified in this section; or
(ii) The Director releases the owner or
operator from the requirements of this section in accordance with §
265.143(h).
(10) An owner
or operator may meet the requirements of this section by obtaining a written
guarantee. The guarantor must be the direct or higher-tier parent corporation
of the owner or operator, a firm whose parent corporation is also the parent
corporation of the owner or operator, or a firm with a "substantial business
relationship" with the owner or operator. The guarantor must meet the
requirements for owners or operators in paragraphs (e)(1) through (8) of this
section and must comply with the terms of the guarantee. The wording of the
guarantee must be identical to the wording specified in § 264.151(h). A
certified copy of the guarantee must accompany the items sent to the Director
as specified in paragraph (e)(3) of this section. One of these items must be
the letter from the guarantor's chief financial officer. If the guarantor's
parent corporation is also the parent corporation of the owner or operator, the
letter must describe the value received in consideration of the guarantee. If
the guarantor is a firm with a "substantial business relationship" with the
owner or operator, this letter must describe this "substantial business
relationship" and the value received in consideration of the guarantee. The
terms of the guarantee must provide that:
(i)
If the owner or operator fails to perform final closure of a facility covered
by the corporate guarantee in accordance with the closure plan and other
interim status requirements whenever required to do so, the guarantor will do
so or establish a trust fund as specified in § 265.143(a) in the name of
the owner or operator.
(ii) The
corporate guarantee will remain in force unless the guarantor sends notice of
cancellation by certified mail to the owner or operator and to the Director.
Cancellation may not occur, however, during the 120 days beginning on the date
of receipt of the notice of cancellation by both the owner or operator and the
Director, as evidenced by the return receipts.
(iii) If the owner or operator fails to
provide alternate financial assurance as specified in this section and obtain
the written approval of such alternate assurance from the Director within 90
days after receipt by both the owner or operator and the Director of a notice
of cancellation of the corporate guarantee from the guarantor, the guarantor
will provide such alternate financial assurance in the name of the owner or
operator.
(f)
Use of multiple financial mechanisms. An owner or operator may satisfy the
requirements of this section by establishing more than one financial mechanism
per facility. These mechanisms are limited to trust funds, surety bonds,
letters of credit, and insurance. The mechanisms must be as specified in
paragraphs (a) through (d), respectively, of this section, except that it is
the combination of mechanisms, rather than the single mechanism, which must
provide financial assurance for an amount at least equal to the current closure
cost estimate. If an owner or operator uses a trust fund in combination with a
surety bond or a letter of credit, he may use the trust fund as the standby
trust fund for the other mechanisms. A single standby trust fund may be
established for two or more mechanisms. The Director may use any or all of the
mechanisms to provide for closure of the facility.
(g) Use of a financial mechanism for multiple
facilities. An owner or operator may use a financial assurance mechanism
specified in this section to meet the requirements of this section for more
than one facility. Evidence of financial assurance submitted to the Director
must include a list showing, for each facility, the EPA Identification Number,
name, address, and the amount of funds for closure assured by the mechanism. If
the facilities covered by the mechanism are in more than one Region, identical
evidence of financial assurance must be submitted to and maintained with the
Directors of all such Regions. The amount of funds available through the
mechanism must be no less than the sum of funds that would be available if a
separate mechanism had been established and maintained for each facility. In
directing funds available through the mechanism for closure of any of the
facilities covered by the mechanism, the Director may direct only the amount of
funds designated for that facility, unless the owner or operator agrees to the
use of additional funds available under the mechanism.
(h) Release of the owner or operator from the
requirements of this section. Within 60 days after receiving certifications
from the owner or operator and an independent qualified Arkansas-registered
professional engineer that final closure has been completed in accordance with
the approved closure plan, the Director will notify the owner or operator in
writing that he is no longer required by this section to maintain financial
assurance for final closure of the facility, unless the Director has reason to
believe that final closure has not been in accordance with the approved closure
plan. The Director shall provide the owner or operator a detailed written
statement of any such reason to believe that closure has not been in accordance
with the approved closure plan.
§
265.144
Cost estimate for post-closure care
(a) The owner or operator of a hazardous
waste disposal unit must have a detailed written estimate, in current dollars,
of the annual cost of post-closure monitoring and maintenance of the facility
in accordance with the applicable post-closure rules in §§ 265.117
through 265.120, 265.228, 265.258, 265.280, and 265.310.
(1) The post-closure cost estimate must be
based on the costs to the owner or operator of hiring a third party to conduct
post-closure care activities. A third party is a party who is neither a parent
nor subsidiary of the owner or operator. (See definition of parent corporation
in § 265.141(d).)
(2) The
post-closure cost estimate is calculated by multiplying the annual post-closure
cost estimate by the number of years of post-closure care required under §
265.117.
(b) During the
active life of the facility, the owner or operator must adjust the post-closure
cost estimate for inflation within 60 days prior to the anniversary date of the
establishment of the financial instrument(s) used to comply with §
265.145. For owners or operators using the financial test or corporate
guarantee, the post-closure care cost estimate must be updated for inflation no
later than 30 days after the close of the firm's fiscal year and before
submission of updated information to the Director as specified in §
265.145(d)(5). The adjustment may be made by recalculating the post-closure
cost estimate in current dollars or by using an inflation factor derived from
the most recent Implicit Price Deflator for Gross National Product published by
the U.S. Department of Commerce in its Survey of Current Business as specified
in § 265.145 (b)(1) and (2). The inflation factor is the result of
dividing the latest published annual Deflator by the Deflator for the previous
year.
(1) The first adjustment is made by
multiplying the post-closure cost estimate by the inflation factor. The result
is the adjusted post-closure cost estimate.
(2) Subsequent adjustments are made by
multiplying the latest adjusted post-closure cost estimate by the latest
inflation factor.
(c)
During the active life of the facility, the owner or operator must revise the
post-closure cost estimate no later than 30 days after a revision to the
post-closure plan which increases the cost of post-closure care. If the owner
or operator has an approved post-closure plan, the post-closure cost estimate
must be revised no later than 30 days after the Director has approved the
request to modify the plan, if the change in the post-closure plan increases
the cost of post-closure care. The revised post-closure cost estimate must be
adjusted for inflation as specified in § 265.144(b).
(d) The owner or operator must keep the
following at the facility during the operating life of the facility: the latest
post-closure cost estimate prepared in accordance with § 265.144 (a) and
(c) and, when this estimate has been adjusted in accordance with §
265.144(b), the latest adjusted post-closure cost estimate.
§ 265.145
Financial
assurance for post-closure care
By the effective date of these rules, an owner or operator of a facility with a hazardous waste disposal unit must establish financial assurance for post-closure care of the disposal unit(s).
(a) Post-closure trust fund.
(1) An owner or operator may satisfy the
requirements of this section by establishing a post-closure trust fund which
conforms to the requirements of this paragraph and submitting an originally
signed duplicate of the trust agreement to the Director. The trustee must be an
entity which has the authority to act as a trustee and whose trust operations
are regulated and examined by a Federal or State agency.
(2) The wording of the trust agreement must
be identical to the wording specified in § 264.151(a)(1), and the trust
agreement must be accompanied by a formal certification of acknowledgment (for
example, see § 264.151(a)(2)). Schedule A of the trust agreement must be
updated within 60 days after a change in the amount of the current post-closure
cost estimate covered by the agreement.
(3) Payments into the trust fund must be made
annually by the owner or operator over the 20 years beginning with the
effective date of these rules or over the remaining operating life of the
facility as estimated in the closure plan, whichever period is shorter; this
period is hereafter referred to as the "pay-in period." The payments into the
post-closure trust fund must be made as follows:
(i) The first payment must be made by the
effective date of these rules, except as provided in paragraph (a)(5) of this
section. The first payment must be at least equal to the current post-closure
cost estimate, except as provided in § 265.145(f), divided by the number
of years in the pay-in period.
(ii)
Subsequent payments must be made no later than 30 days after each anniversary
date of the first payment. The amount of each subsequent payment must be
determined by this formula:
where CE is the current post-closure cost estimate, CV is the current value of the trust fund, and Y is the number of years remaining in the pay-in period.
(4)
The owner or operator may accelerate payments into the trust fund or he may
deposit the full amount of the current post-closure cost estimate at the time
the fund is established. However, he must maintain the value of the fund at no
less than the value that the fund would have if annual payments were made as
specified in paragraph (a)(3) of this section.
(5) If the owner or operator establishes a
post-closure trust fund after having used one or more alternate mechanisms
specified in this section, his first payment must be in at least the amount
that the fund would contain if the trust fund were established initially and
annual payments made as specified in paragraph (a)(3) of this
section.
(6) After the pay-in
period is completed, whenever the current post-closure cost estimate changes
during the operating life of the facility, the owner or operator must compare
the new estimate with the trustee's most recent annual valuation of the trust
fund. If the value of the fund is less than the amount of the new estimate, the
owner or operator, within 60 days after the change in the cost estimate, must
either deposit an amount into the fund so that its value after this deposit at
least equals the amount of the current post-closure cost estimate, or obtain
other financial assurance as specified in this section to cover the
difference.
(7) During the
operating life of the facility, if the value of the trust fund is greater than
the total amount of the current post-closure cost estimate, the owner or
operator may submit a written request to the Director for release of the amount
in excess of the current post-closure cost estimate.
(8) If an owner or operator substitutes other
financial assurance as specified in this section for all or part of the trust
fund, he may submit a written request to the Director for release of the amount
in excess of the current post-closure cost estimate covered by the trust
fund.
(9) Within 60 days after
receiving a request from the owner or operator for release of funds as
specified in paragraph (a) (7) or (8) of this section, the Director will
instruct the trustee to release to the owner or operator such funds as the
Director specifies in writing.
(10)
During the period of post-closure care, the Director may approve a release of
funds if the owner or operator demonstrates to the Director that the value of
the trust fund exceeds the remaining cost of post-closure care.
(11) An owner or operator or any other person
authorized to conduct post-closure care may request reimbursements for
post-closure expenditures by submitting itemized bills to the Director. Within
60 days after receiving bills for post-closure care activities, the Director
will instruct the trustee to make reimbursements in those amounts as the
Director specifies in writing, if the Director determines that the post-closure
expenditures are in accordance with the approved post-closure plan or otherwise
justified. If the Director does not instruct the trustee to make such
reimbursements, he will provide the owner or operator with a detailed written
statement of reasons.
(12) The
Director will agree to termination of the trust when:
(i) An owner or operator substitutes
alternate financial assurance as specified in this section; or
(ii) The Director releases the owner or
operator from the requirements of this section in accordance with §
265.145(h).
(b)
Surety bond guaranteeing payment into a post-closure trust fund.
(1) An owner or operator may satisfy the
requirements of this section by obtaining a surety bond which conforms to the
requirements of this paragraph and submitting the bond to the Director. The
surety company issuing the bond must, at a minimum, be among those listed as
acceptable sureties on Federal bonds in Circular 570 of the U.S. Department of
the Treasury.
(2) The wording of
the surety bond must be identical to the wording specified in §
264.151(b).
(3) The owner or
operator who uses a surety bond to satisfy the requirements of this section
must also establish a standby trust fund. Under the terms of the bond, all
payments made thereunder will be deposited by the surety directly into the
standby trust fund in accordance with instructions from the Director. This
standby trust fund must meet the requirements specified in § 265.145(a),
except that:
(i) An originally signed
duplicate of the trust agreement must be submitted to the Director with the
surety bond; and
(ii) Until the
standby trust fund is funded pursuant to the requirements of this section, the
following are not required by these rules:
(A)
Payments into the trust fund as specified in § 265.145(a);
(B) Updating of Schedule A of the trust
agreement (see § 264.151(a)) to show current post-closure cost
estimates;
(C) Annual valuations as
required by the trust agreement; and
(D) Notices of nonpayment as required by the
trust agreement.
(4) The bond must guarantee that the owner or
operator will:
(i) Fund the standby trust fund
in an amount equal to the penal sum of the bond before the beginning of final
closure of the facility; or
(ii)
Fund the standby trust fund in an amount equal to the penal sum within 15 days
after an administrative order to begin final closure issued by the Director
becomes final, or within 15 days after an order to begin final closure is
issued by a U.S. district court or other court of competent jurisdiction;
or
(iii) Provide alternate
financial assurance as specified in this section, and obtain the Director's
written approval of the assurance provided, within 90 days after receipt by
both the owner or operator and the Director of a notice of cancellation of the
bond from the surety.
(5)
Under the terms of the bond, the surety will become liable on the bond
obligation when the owner or operator fails to perform as guaranteed by the
bond.
(6) The penal sum of the bond
must be in an amount at least equal to the current post-closure cost estimate,
except as provided in § 265.145(f).
(7) Whenever the current post-closure cost
estimate increases to an amount greater than the penal sum, the owner or
operator, within 60 days after the increase, must either cause the penal sum to
be increased to an amount at least equal to the current post-closure cost
estimate and submit evidence of such increase to the Director, or obtain other
financial assurance as specified in this section to cover the increase.
Whenever the current post-closure cost estimate decreases, the penal sum may be
reduced to the amount of the current post-closure cost estimate following
written approval by the Director.
(8) Under the terms of the bond, the surety
may cancel the bond by sending notice of cancellation by certified mail to the
owner or operator and to the Director. Cancellation may not occur, however,
during the 120 days beginning on the date of receipt of the notice of
cancellation by both the owner or operator and the Director, as evidenced by
the return receipts.
(9) The owner
or operator may cancel the bond if the Director has given prior written consent
based on his receipt of evidence of alternate financial assurance as specified
in this section.
(c)
Post-closure letter of credit.
(1) An owner
or operator may satisfy the requirements of this section by obtaining an
irrevocable standby letter of credit which conforms to the requirements of this
paragraph and submitting the letter to the Director. The issuing institution
must be an entity which has the authority to issue letters of credit and whose
letter-of-credit operations are regulated and examined by a Federal or State
agency.
(2) The wording of the
letter of credit must be identical to the wording specified in §
264.151(d).
(3) An owner or
operator who uses a letter of credit to satisfy the requirements of this
section must also establish a standby trust fund. Under the terms of the letter
of credit, all amounts paid pursuant to a draft by the Director will be
deposited by the issuing institution directly into the standby trust fund in
accordance with instructions from the Director. This standby trust fund must
meet the requirements of the trust fund specified in § 265.145(a), except
that:
(i) An originally signed duplicate of
the trust agreement must be submitted to the Director with the letter of
credit; and
(ii) Unless the standby
trust fund is funded pursuant to the requirements of this section, the
following are not required by these rules:
(A)
Payments into the trust fund as specified in § 265.145(a);
(B) Updating of Schedule A of the trust
agreement (see § 264.151(a)) to show current post-closure cost
estimates;
(C) Annual valuations as
required by the trust agreement; and
(D) Notices of nonpayment as required by the
trust agreement.
(4) The letter of credit must be accompanied
by a letter from the owner or operator referring to the letter of credit by
number, issuing institution, and date, and providing the following information:
The EPA Identification Number, name, and address of the facility, and the
amount of funds assured for post-closure care of the facility by the letter of
credit.
(5) The letter of credit
must be irrevocable and issued for a period of at least 1 year. The letter of
credit must provide that the expiration date will be automatically extended for
a period of at least 1 year unless, at least 120 days before the current
expiration date, the issuing institution notifies both the owner or operator
and the Director by certified mail of a decision not to extend the expiration
date. Under the terms of the letter of credit, the 120 days will begin on the
date when both the owner or operator and the Director have received the notice,
as evidenced by the return receipts.
(6) The letter of credit must be issued in an
amount at least equal to the current post-closure cost estimate, except as
provided in § 265.145(f).
(7)
Whenever the current post-closure cost estimate increases to an amount greater
than the amount of the credit during the operating life of the facility, the
owner or operator, within 60 days after the increase, must either cause the
amount of the credit to be increased so that it at least equals the current
post-closure cost estimate and submit evidence of such increase to the
Director, or obtain other financial assurance as specified in this section to
cover the increase. Whenever the current post-closure cost estimate decreases
during the operating life of the facility, the amount of the credit may be
reduced to the amount of the current post-closure cost estimate following
written approval by the Director.
(8) During the period of post-closure care,
the Director may approve a decrease in the amount of the letter of credit if
the owner or operator demonstrates to the Director that the amount exceeds the
remaining cost of post-closure care.
(9) Following a final administrative
determination pursuant to section 3008 of RCRA that the owner or operator has
failed to perform post-closure care in accordance with the approved
post-closure plan and other permit requirements, the Director may draw on the
letter of credit.
(10) If the owner
or operator does not establish alternate financial assurance as specified in
this section and obtain written approval of such alternate assurance from the
Director within 90 days after receipt by both the owner or operator and the
Director of a notice from the issuing institution that it has decided not to
extend the letter of credit beyond the current expiration date, the Director
will draw on the letter of credit. The Director may delay the drawing if the
issuing institution grants an extension of the term of the credit. During the
last 30 days of any such extension the Director will draw on the letter of
credit if the owner or operator has failed to provide alternate financial
assurance as specified in this section and obtain written approval of such
assurance from the Director.
(11)
The Director will return the letter of credit to the issuing institution for
termination when:
(i) An owner or operator
substitutes alternate financial assurance as specified in this section;
or
(ii) The Director releases the
owner or operator from the requirements of this section in accordance with
§ 265.145(h).
(d) Post-closure insurance.
(1) An owner or operator may satisfy the
requirements of this section by obtaining post-closure insurance which conforms
to the requirements of this paragraph and submitting a certificate of such
insurance to the Director. By the effective date of these rules the owner or
operator must submit to the Director a letter from an insurer stating that the
insurer is considering issuance of post-closure insurance conforming to the
requirements of this paragraph to the owner or operator. Within 90 days after
the effective date of these rules, the owner or operator must submit the
certificate of insurance to the Director or establish other financial assurance
as specified in this section. At a minimum, the insurer must be licensed to
transact the business of insurance, or eligible to provide insurance as an
excess or surplus lines insurer, in one or more States.
(2) The wording of the certificate of
insurance must be identical to the wording specified in §
264.151(e).
(3) The post-closure
insurance policy must be issued for a face amount at least equal to the current
post-closure cost estimate, except as provided in § 265.145(f). The term
"face amount" means the total amount the insurer is obligated to pay under the
policy. Actual payments by the insurer will not change the face amount,
although the insurer's future liability will be lowered by the amount of the
payments.
(4) The post-closure
insurance policy must guarantee that funds will be available to provide
post-closure care of the facility whenever the post-closure period begins. The
policy must also guarantee that once post-closure care begins the insurer will
be responsible for paying out funds, up to an amount equal to the face amount
of the policy, upon the direction of the Director, to such party or parties as
the Director specifies.
(5) An
owner or operator or any other person authorized to perform post-closure care
may request reimbursement for post-closure care expenditures by submitting
itemized bills to the Director. Within 60 days after receiving bills for
post-closure care activities, the Director will instruct the insurer to make
reimbursements in those amounts as the Director specifies in writing, if the
Director determines that the post-closure expenditures are in accordance with
the approved post-closure plan or otherwise justified. If the Director does not
instruct the insurer to make such reimbursements, he will provide a detailed
written statement of reasons.
(6)
The owner or operator must maintain the policy in full force and effect until
the Director consents to termination of the policy by the owner or operator as
specified in paragraph (d)(11) of this section. Failure to pay the premium,
without substitution of alternate financial assurance as specified in the
section, will constitute a significant violation of these rules, warranting
such remedy as the Director deems necessary. Such violation will be deemed to
begin upon receipt by the Director of a notice of future cancellation,
termination, or failure to renew due to nonpayment of the premium, rather than
upon the date of expiration.
(7)
Each policy must contain a provision allowing assignment of the policy to a
successor owner or operator. Such assignment may be conditional upon consent of
the insurer, provided such consent is not unreasonably refused.
(8) The policy must provide that the insurer
may not cancel, terminate, or fail to renew the policy except for failure to
pay the premium. The automatic renewal of the policy must, at a minimum,
provide the insured with the option of renewal at the face amount of the
expiring policy. If there is a failure to pay the premium, the insurer may
elect to cancel, terminate, or fail to renew the policy by sending notice by
certified mail to the owner or operator and the Director. Cancellation,
termination, or failure to renew may not occur, however, during the 120 days
beginning with the date of receipt of the notice by both the Director and the
owner or operator, as evidenced by the return receipts. Cancellation,
termination, or failure to renew may not occur and the policy will remain in
full force and effect in the event that on or before the date of expiration:
(i) The Director deems the facility
abandoned; or
(ii) Interim status
is terminated or revoked; or
(iii)
Closure is ordered by the Director or a U.S. district court or other court of
competent jurisdiction; or
(iv) The
owner or operator is named as debtor in a voluntary or involuntary proceeding
under Title 11 (Bankruptcy), U.S. Code; or
(v) The premium due is paid.
(9) Whenever the current
post-closure cost estimate increases to an amount greater than the face amount
of the policy during the operating life of the facility, the owner or operator,
within 60 days after the increase, must either cause the face amount to be
increased to an amount at least equal to the current post-closure cost estimate
and submit evidence of such increase to the Director, or obtain other financial
assurance as specified in this section to cover the increase. Whenever the
current post-closure cost estimate decreases during the operating life of the
facility, the face amount may be reduced to the amount of the current
post-closure cost estimate following written approval by the
Director.
(10) Commencing on the
date that liability to make payments pursuant to the policy accrues, the
insurer will thereafter annually increase the face amount of the policy. Such
increase must be equivalent to the face amounts of the policy, less any
payments made, multiplied by an amount equivalent to 85 percent of the most
recent investment rate or of the equivalent coupon-issue yield announced by the
U.S. Treasury for 26-week Treasury securities.
(11) The Director will give written consent
to the owner or operator that he may terminate the insurance policy when:
(i) An owner or operator substitutes
alternate financial assurance as specified in this section; or
(ii) The Director releases the owner or
operator from the requirements of this section in accordance with §
265.145(h).
(e)
Financial test and corporate guarantee for post-closure care.
(1) An owner or operator may satisfy the
requirements of this section by demonstrating that he passes a financial test
as specified in this paragraph. To pass this test the owner or operator must
meet the criteria either of paragraph (e)(1)(i) or (ii) of this section:
(i) The owner or operator must have:
(A) Two of the following three ratios: a
ratio of total liabilities to net worth less than 2.0; a ratio of the sum of
net income plus depreciation, depletion, and amortization to total liabilities
greater than 0.1; and a ratio of current assets to current liabilities greater
than 1.5; and
(B) Net working
capital and tangible net worth each at least six times the sum of the current
closure and post-closure cost estimates and the current plugging and
abandonment cost estimates; and
(C)
Tangible net worth of at least $10 million; and
(D) Assets in the United States amounting to
at least 90 percent of his total assets or at least six times the sum of the
current closure and post-closure cost estimates and the current plugging and
abandonment cost estimates.
(ii) The owner or operator must have:
(A) A current rating for his most recent bond
issuance of AAA, AA, A, or BBB as issued by Standard and Poor's or Aaa, Aa, A,
or Baa as issued by Moody's; and
(B) Tangible net worth at least six times the
sum of the current closure and post-closure cost estimates and the current
plugging and abandonment cost estimates; and
(C) Tangible net worth of at least $10
million; and
(D) Assets located in
the United States amounting to at least 90 percent of his total assets or at
least six times the sum of the current closure and post-closure cost estimates
and the current plugging and abandonment cost estimates.
(2) The phrase "current closure
and post-closure cost estimates" as used in paragraph (e)(1) of this section
refers to the cost estimates required to be shown in paragraphs 1-4 of the
letter from the owner's or operator's chief financial officer (§
264.151(f)). The phrase "current plugging and abandonment cost estimates" as
used in paragraph (e)(1) of this section refers to the cost estimates required
to be shown in paragraphs 1-4 of the letter from the owner's or operator's
chief financial officer (§ 144.70(f) of this title).
(3) To demonstrate that he meets this test,
the owner or operator must submit the following items to the Director:
(i) A letter signed by the owner's or
operator's chief financial officer and worded as specified in §
264.151(f); and
(ii) A copy of the
independent certified public accountant's report on examination of the owner's
or operator's financial statements for the latest completed fiscal year;
and
(iii) A special report from the
owner's or operator's independent certified public accountant to the owner or
operator stating that:
(A) He has compared the
data which the letter from the chief financial officer specifies as having been
derived from the independently audited, year-end financial statements for the
latest fiscal year with the amounts in such financial statements; and
(B) In connection with that procedure, no
matters came to his attention which caused him to believe that the specified
data should be adjusted; and
(iv)
A copy of the owner's or
operator's independently audited financial statements for the latest completed
fiscal year, with all notes and attachments.
(4) The owner or operator may obtain an
extension of the time allowed for submission of the documents specified in
paragraph (e)(3) of this section if the fiscal year of the owner or operator
ends during the 90 days prior to the effective date of these rules and if the
year-end financial statements for that fiscal year will be audited by an
independent certified public accountant. The extension will end no later than
90 days after the end of the owner's or operator's fiscal year. To obtain the
extension, the owner's or operator's chief financial officer must send, by the
effective date of these rules, a letter to the Director of each Region in which
the owner's or operator's facilities to be covered by the financial test are
located. This letter from the chief financial officer must:
(i) Request the extension;
(ii) Certify that he has grounds to believe
that the owner or operator meets the criteria of the financial test;
(iii) Specify for each facility to be covered
by the test the EPA Identification Number, name, address, and the current
closure and post-closure cost estimates to be covered by the test;
(iv) Specify the date ending the owner's or
operator's latest complete fiscal year before the effective date of these
rules;
(v) Specify the date, no
later than 90 days after the end of such fiscal year, when he will submit the
documents specified in paragraph (e)(3) of this section; and
(vi) Certify that the year-end financial
statements of the owner or operator for such fiscal year will be audited by an
independent certified public accountant.
(5) After the initial submission of items
specified in paragraph (e)(3) of this section, the owner or operator must send
updated information to the Director within 90 days after the close of each
succeeding fiscal year. This information must consist of all three items
specified in paragraph (e)(3) of this section.
(6) If the owner or operator no longer meets
the requirements of paragraph (e)(1) of this section, he must send notice to
the Director of intent to establish alternate financial assurance as specified
in this section. The notice must be sent by certified mail within 90 days after
the end of the fiscal year for which the year-end financial data show that the
owner or operator no longer meets the requirements. The owner or operator must
provide the alternate financial assurance within 120 days after the end of such
fiscal year.
(7) The Director may,
based on a reasonable belief that the owner or operator may no longer meet the
requirements of paragraph (e)(1) of this section, require reports of financial
condition at any time from the owner or operator in addition to those specified
in paragraph (e)(3) of this section. If the Director finds, on the basis of
such reports or other information, that the owner or operator no longer meets
the requirements of paragraph (e)(1) of this section, the owner or operator
must provide alternate financial assurance as specified in this section within
30 days after notification of such a finding.
(8) The Director may disallow use of this
test on the basis of qualifications in the opinion expressed by the independent
certified public accountant in his report on examination of the owner's or
operator's financial statements (see paragraph (e)(3)(ii) of this section). An
adverse opinion or a disclaimer of opinion will be cause for disallowance. The
Director will evaluate other qualifications on an individual basis. The owner
or operator must provide alternate financial assurance as specified in this
section within 30 days after notification of the disallowance.
(9) During the period of post-closure care,
the Director may approve a decrease in the current post-closure cost estimate
for which this test demonstrates financial assurance if the owner or operator
demonstrates to the Director that the amount of the cost estimate exceeds the
remaining cost of post-closure care.
(10) The owner or operator is no longer
required to submit the items specified in paragraph (e)(3) of this section
when:
(i) An owner or operator substitutes
alternate financial assurance as specified in this section; or
(ii) The Director releases the owner or
operator from the requirements of this section in accordance with §
265.145(h).
(11) An owner
or operator may meet the requirements of this section by obtaining a written
guarantee. The guarantor must be the direct or higher-tier parent corporation
of the owner or operator, a firm whose parent corporation is also the parent
corporation of the owner or operator, or a firm with a "substantial business
relationship" with the owner or operator. The guarantor must meet the
requirements for owners or operators in paragraphs (e)(1) through (9) of this
section and must comply with the terms of the guarantee. The wording of the
guarantee must be identical to the wording specified in § 264.151(h). A
certified copy of the guarantee must accompany the items sent to the Director
as specified in paragraph (e)(3) of this section. One of these items must be
the letter from the guarantor's chief financial officer. If the guarantor's
parent corporation is also the parent corporation of the owner or operator, the
letter must describe the value received in consideration of the guarantee. If
the guarantor is a firm with a "substantial business relationship" with the
owner or operator, this letter must describe this "substantial business
relationship" and the value received in consideration of the guarantee. The
terms of the guarantee must provide that:
(i)
If the owner or operator fails to perform post-closure care of a facility
covered by the corporate guarantee in accordance with the post-closure plan and
other interim status requirements whenever required to do so, the guarantor
will do so or establish a trust fund as specified in § 265.145(a) in the
name of the owner or operator.
(ii)
The corporate guarantee will remain in force unless the guarantor sends notice
of cancellation by certified mail to the owner or operator and to the Director.
Cancellation may not occur, however, during the 120 days beginning on the date
of receipt of the notice of cancellation by both the owner or operator and the
Director, as evidenced by the return receipts.
(iii) If the owner or operator fails to
provide alternate financial assurance as specified in this section and obtain
the written approval of such alternate assurance from the Director within 90
days after receipt by both the owner or operator and the Director of a notice
of cancellation of the corporate guarantee from the guarantor, the guarantor
will provide such alternate financial assurance in the name of the owner or
operator.
(f)
Use of multiple financial mechanisms. An owner or operator may satisfy the
requirements of this section by establishing more than one financial mechanism
per facility. These mechanisms are limited to trust funds, surety bonds,
letters of credit, and insurance. The mechanisms must be as specified in
paragraphs (a) through (d), respectively, of this section, except that it is
the combination of mechanisms, rather than the single mechanism, which must
provide financial assurance for an amount at least equal to the current
post-closure cost estimate. If an owner or operator uses a trust fund in
combination with a surety bond or a letter of credit, he may use the trust fund
as the standby trust fund for the other mechanisms. A single standby trust fund
may be established for two or more mechanisms. The Director may use any or all
of the mechanisms to provide for post-closure care of the facility.
(g) Use of a financial mechanism for multiple
facilities. An owner or operator may use a financial assurance mechanism
specified in this section to meet the requirements of this section for more
than one facility. Evidence of financial assurance submitted to the Director
must include a list showing, for each facility, the EPA Identification Number,
name, address, and the amount of funds for post-closure care assured by the
mechanism. If the facilities covered by the mechanism are in more than one
Region, identical evidence of financial assurance must be submitted to and
maintained with the Directors of all such Regions. The amount of funds
available through the mechanism must be no less than the sum of funds that
would be available if a separate mechanism had been established and maintained
for each facility. In directing funds available through the mechanism for
post-closure care of any of the facilities covered by the mechanism, the
Director may direct only the amount of funds designated for that facility,
unless the owner or operator agrees to the use of additional funds available
under the mechanism.
(h) Release of
the owner or operator from the requirements of this section. Within 60 days
after receiving certifications from the owner or operator and an independent
Arkansas-registered professional engineer that the post-closure care period has
been completed in accordance with the approved post-closure plan, the Director
will notify the owner or operator in writing that he is no longer required by
this section to maintain financial assurance for post-closure care of that
unit, unless the Director has reason to believe that post-closure care has not
been in accordance with the approved post-closure plan. The Director will
provide the owner or operator a detailed written statement of any such reason
to believe that post-closure care has not been in accordance with the approved
post-closure plan.
§
265.146
Use of a mechanism for financial assurance of both
closure and post-closure care
An owner or operator may satisfy the requirements for financial assurance for both closure and post-closure care for one or more facilities by using a trust fund, surety bond, letter of credit, insurance, financial test, or corporate guarantee that meets the specifications for the mechanism in both §§ 265.143 and 265.145. The amount of funds available through the mechanism must be no less than the sum of funds that would be available if a separate mechanism had been established and maintained for financial assurance of closure and of post-closure care.
§ 265.147
Liability
requirements
(a) Coverage for sudden
accidental occurrences. An owner or operator of a hazardous waste treatment,
storage, or disposal facility, or a group of such facilities, must demonstrate
financial responsibility for bodily injury and property damage to third parties
caused by sudden accidental occurrences arising from operations of the facility
or group of facilities. The owner or operator must have and maintain liability
coverage for sudden accidental occurrences in the amount of at least $1 million
per occurrence with an annual aggregate of at least $2 million, exclusive of
legal defense costs. This liability coverage may be demonstrated as specified
in paragraphs (a) (1), (2), (3), (4), (5), or (6) of this section:
(1) An owner or operator may demonstrate the
required liability coverage by having liability insurance as specified in this
paragraph. Captive insurance shall not be used to provide such
liability coverage under the requirements of this Rule.
(i) Each insurance policy must be amended by
attachment of the Hazardous Waste Facility Liability Endorsement, or evidenced
by a Certificate of Liability Insurance. The wording of the endorsement must be
identical to the wording specified in § 264.151(i). The wording of the
certificate of insurance must be identical to the wording specified in §
264.151(j). The owner or operator must submit a signed duplicate original of
the endorsement or he certificate of insurance to the Director. The owner or
operator must provide a signed duplicate original of the insurance
policy.
(ii) Each insurance policy
must be issued by an insurer which, at a minimum, is licensed to transact the
business of insurance, or eligible to provide insurance as an excess or surplus
lines insurer, in one or more States.
(2) An owner or operator may meet the
requirements of this section by passing a financial test or using the guarantee
for liability coverage as specified in paragraphs (f) and (g) of this
section.
(3) An owner or operator
may meet the requirements of this section by obtaining a letter of credit for
liability coverage as specified in paragraph (h) of this section.
(4) An owner or operator may meet the
requirements of this section by obtaining a surety bond for liability coverage
as specified in paragraph (i) of this section.
(5) An owner or operator may meet the
requirements of this section by obtaining a trust fund for liability coverage
as specified in paragraph (j) of this section.
(6) An owner or operator may demonstrate the
required liability coverage through the use of combinations of insurance,
financial test, guarantee, letter of credit, surety bond, and trust fund,
except that the owner or operator may not combine a financial test covering
part of the liability coverage requirement with a guarantee unless the
financial statement of the owner or operator is not consolidated with the
financial statement of the guarantor. The amounts of coverage demonstrated must
total at least the minimum amounts required by this section. If the owner or
operator demonstrates the required coverage through the use of a combination of
financial assurances under this paragraph, the owner or operator shall specify
at least one such assurance as "primary" coverage and shall specify other
assurance as "excess" coverage.
(7)
An owner or operator shall notify the Director in writing within 30 days
whenever:
(i) A claim results in a reduction
in the amount of financial assurance for liability coverage provided by a
financial instrument authorized in paragraphs (a)(1) through (a)(6) of this
section; or
(ii) A Certification of
Valid Claim for bodily injury or property damages caused by a sudden or
non-sudden accidental occurrence arising from the operation of a hazardous
waste treatment, storage, or disposal facility is entered between the owner or
operator and third-party claimant for liability coverage under paragraphs
(a)(1) through (a)(6) of this section; or
(iii) A final court order establishing a
judgment for bodily injury or property damage caused by a sudden or non-sudden
accidental occurrence arising from the operation of a hazardous waste
treatment, storage, or disposal facility is issued against the owner or
operator or an instrument that is providing financial assurance for liability
coverage under paragraphs (a)(1) through (a)(6) of this section.
(b) Coverage for
nonsudden accidental occurrences. An owner or operator of a surface
impoundment, landfill, or land treatment facility which is used to manage
hazardous waste, or a group of such facilities, must demonstrate financial
responsibility for bodily injury and property damage to third parties caused by
nonsudden accidental occurrences arising from operations of the facility or
group of facilities. The owner or operator must have and maintain liability
coverage for nonsudden accidental occurrences in the amount of at least $3
million per occurrence with an annual aggregate of at least $6 million,
exclusive of legal defense costs. An owner or operator who must meet the
requirements of this section may combine the required per-occurrence coverage
levels for sudden and nonsudden accidental occurrences into a single
per-occurrence level, and combine the required annual aggregate coverage levels
for sudden and nonsudden accidental occurrences into a single annual aggregate
level. Owners or operators who combine coverage levels for sudden and nonsudden
accidental occurrences must maintain liability coverage in the amount of at
least $4 million per occurrence and $8 million annual aggregate. This liability
coverage may be demonstrated as specified in paragraph (b) (1), (2), (3), (4),
(5), or (6) of this section:
(1) An owner or
operator may demonstrate the required liability coverage by having liability
insurance as specified in this paragraph. Captive insurance shall not
be used to provide such liability coverage under the requirements of this
Rule.
(i) Each insurance policy must
be amended by attachment of the Hazardous Waste Facility Liability Endorsement
or evidenced by a Certificate of Liability Insurance. The wording of the
endorsement must be identical to the wording specified in § 264.151(i).
The wording of the certificate of insurance must be identical to the wording
specified in § 264.151(j). The owner or operator must submit a signed
duplicate original of the endorsement or the certificate of insurance to the
Director, and the appropriate EPA Regional Administrators if the facilities are
located in more than one EPA Region. If requested by the Director or a Regional
Administrator, the owner or operator must provide a signed duplicate original
of the insurance policy.
(ii) Each
insurance policy must be issued by an insurer which, at a minimum, is licensed
to transact the business of insurance, or eligible to provide insurance as an
excess or surplus lines insurer, in one or more States.
(2) An owner or operator may meet the
requirements of this section by passing a financial test or using the guarantee
for liability coverage as specified in paragraphs (f) and (g) of this
section.
(3) An owner or operator
may meet the requirements of this section by obtaining a letter of credit for
liability coverage as specified in paragraph (h) of this section.
(4) An owner or operator may meet the
requirements of this section by obtaining a surety bond for liability coverage
as specified in paragraph (i) of this section.
(5) An owner or operator may meet the
requirements of this section by obtaining a trust fund for liability coverage
as specified in paragraph (j) of this section.
(6) An owner or operator may demonstrate the
required liability coverage through the use of combinations of insurance,
financial test, guarantee, letter of credit, surety bond, and trust fund,
except that the owner or operator may not combine a financial test covering
part of the liability coverage requirement with a guarantee unless the
financial statement of the owner or operator is not consolidated with the
financial statement of the guarantor. The amounts of coverage demonstrated must
total at least the minimum amounts required by this section. If the owner or
operator demonstrates the required coverage through the use of a combination of
financial assurances under this paragraph, the owner or operator shall specify
at least one such assurance as "primary" coverage and shall specify other
assurance as "excess" coverage.
(7)
An owner or operator shall notify the Director in writing within 30 days
whenever:
(i) A claim results in a reduction
in the amount of financial assurance for liability coverage provided by a
financial instrument authorized in paragraphs (b)(1) through (b)(6) of this
section; or
(ii) A Certification of
Valid Claim for bodily injury or property damages caused by a sudden or
non-sudden accidental occurrence arising from the operation of a hazardous
waste treatment, storage, or disposal facility is entered between the owner or
operator and third-party claimant for liability coverage under paragraphs
(b)(1) through (b)(6) of this section; or
(iii) A final court order establishing a
judgment for bodily injury or property damage caused by a sudden or non-sudden
accidental occurrence arising from the operation of a hazardous waste
treatment, storage, or disposal facility is issued against the owner or
operator or an instrument that is providing financial assurance for liability
coverage under paragraphs (b)(1) through (b)(6) of this section.
(c) Request for
variance. If an owner or operator can demonstrate to the satisfaction of the
Director that the levels of financial responsibility required by paragraph (a)
or (b) of this section are not consistent with the degree and duration of risk
associated with treatment, storage, or disposal at the facility or group of
facilities, the owner or operator may obtain a variance from the Director. The
request for a variance must be submitted in writing to the Director. If
granted, the variance will take the form of an adjusted level of required
liability coverage, such level to be based on the Director's assessment of the
degree and duration of risk associated with the ownership or operation of the
facility or group of facilities. The Director may require an owner or operator
who requests a variance to provide such technical and engineering information
as is deemed necessary by the Director to determine a level of financial
responsibility other than that required by paragraph (a) or (b) of this
section. The Director will process a variance request as if it were a permit
modification request under § 270.41(a)(5) of this rule and subject to the
procedures of § 16.5 of this rule. Notwithstanding any other provision,
the Director may hold a public hearing at his discretion or whenever he finds,
on the basis of requests for a public hearing, a significant degree of pubic
interest in a tentative decision to grant a variance.
(d) Adjustments by the Director. If the
Director determines that the levels of financial responsibility required by
paragraph (a) or (b) of this section are not consistent with the degree and
duration of risk associated with treatment, storage, or disposal at the
facility or group of facilities, the Director may adjust the level of financial
responsibility required under paragraph (a) or (b) of this section as may be
necessary to protect human health and the environment. This adjusted level will
be based on the Director's assessment of the degree and duration of risk
associated with the ownership or operation of the facility or group of
facilities. In addition, if the Director determines that there is a significant
risk to human health and the environment from nonsudden accidental occurrences
resulting from the operations of a facility that is not a surface impoundment,
landfill, or land treatment facility, he may require that an owner or operator
of the facility comply with paragraph (b) of this section. An owner or operator
must furnish to the Director, within a reasonable time, any information which
the Director requests to determine whether cause exists for such adjustments of
level or type of coverage. The Director will process an adjustment of the level
of required coverage as if it were a permit modification under §
270.41(a)(5) of this rule and subject to the procedures of § 16.5 of this
rule. Notwithstanding any other provision, the Director may hold a public
hearing at his discretion or whenever he finds, on the basis of requests for a
public hearing, a significant degree of public interest in a tentative decision
to adjust the level or type of required coverage.
(e) Period of coverage. Within 60 days after
receiving certifications from the owner or operator and an independent
qualified Arkansas-registered professional engineer that final closure has been
completed in accordance with the approved closure plan, the Director will
notify the owner or operator in writing that he is no longer required by this
section to maintain liability coverage for that facility, unless the Director
has reason to believe that closure has not been in accordance with the approved
closure plan.
(f) Financial test
for liability coverage.
(1) An owner or
operator may satisfy the requirements of this section by demonstrating that he
passes a financial test as specified in this paragraph. To pass this test the
owner or operator must meet the criteria of paragraph (f)(1)(i) or (ii) of this
section:
(i) The owner or operator must have:
(A) Net working capital and tangible net
worth each at least six times the amount of liability coverage to be
demonstrated by this test; and
(B)
Tangible net worth of at least $10 million; and
(C) Assets in the United States amounting to
either:
(1) At least 90 percent of his total
assets; or
(2) at least six times
the amount of liability coverage to be demonstrated by this test.
(ii) The owner or
operator must have:
(A) A current rating for
his most recent bond issuance of AAA, AA, A, or BBB as issued by Standard and
Poor's, or Aaa, Aa, A, or Baa as issued by Moody's; and
(B) Tangible net worth of at least $10
million; and
(C) Tangible net worth
at least six times the amount of liability coverage to be demonstrated by this
test; and
(D) Assets in the United
States amounting to either:
(1) At least 90
percent of his total assets; or
(2)
at least six times the amount of liability coverage to be demonstrated by this
test.
(2) The phrase "amount of liability coverage"
as used in paragraph (f)(1) of this section refers to the annual aggregate
amounts for which coverage is required under paragraphs (a) and (b) of this
section.
(3) To demonstrate that he
meets this test, the owner or operator must submit the following four
items to the Director:
(i) A letter
signed by the owner's or operator's chief financial officer and worded as
specified in § 264.151(g). If an owner or operator is using the financial
test to demonstrate both assurance for closure or post-closure care, as
specified by §§ 264.143(f), 264.145(f), 265.143(e), and 265.145(e),
and liability coverage, he must submit the letter specified in §
264.151(g) to cover both forms of financial responsibility; a separate letter
as specified in § 264.151(f) is not required.
(ii) A copy of the independent certified
public accountant's report on examination of the owner's or operator's
financial statements for the latest completed fiscal year.
(iii) A special report from the owner's or
operator's independent certified public accountant to the owner or operator
stating that:
(A) He has compared the data
which the letter from the chief financial officer specifies as having been
derived from the independently audited, year-end financial statements for the
latest fiscal year with the amounts in such financial statements; and
(B) In connection with that procedure, no
matters came to his attention which caused him to believe that the specified
data should be adjusted; and
(iv)
A copy of the owner's or
operator's independently audited financial statements for the latest completed
fiscal year, with all notes and attachments.
(4) The owner or operator may obtain a
one-time extension of the time allowed for submission of the documents
specified in paragraph (f)(3) of this section if the fiscal year of the owner
or operator ends during the 90 days prior to the effective date of these rules
and if the year-end financial statements for that fiscal year will be audited
by an independent certified public accountant. The extension will end no later
than 90 days after the end of the owner's or operator's fiscal year. To obtain
the extension, the owner's or operator's chief financial officer must send, by
the effective date of these rules, a letter to the Director. This letter from
the chief financial officer must:
(i) Request
the extension;
(ii) Certify that he
has grounds to believe that the owner or operator meets the criteria of the
financial test;
(iii) Specify for
each facility to be covered by the test the EPA Identification Number, name,
address, the amount of liability coverage and, when applicable, current closure
and post-closure cost estimates to be covered by the test;
(iv) Specify the date ending the owner's or
operator's last complete fiscal year before the effective date of these
rules;
(v) Specify the date, no
later than 90 days after the end of such fiscal year, when he will submit the
documents specified in paragraph (f)(3) of this section; and
(vi) Certify that the year-end financial
statements of the owner or operator for such fiscal year will be audited by an
independent certified public accountant.
(5) After the initial submission of items
specified in paragraph (f)(3) of this section, the owner or operator must send
updated information to the Director within 90 days after the close of each
succeeding fiscal year. This information must consist of all four
items specified in paragraph (f)(3) of this section.
(6) If the owner or operator no longer meets
the requirements of paragraph (f)(1) of this section, he must obtain insurance,
a letter of credit, a surety bond, a trust fund, or a guarantee for the entire
amount of required liability coverage as specified in this section. Evidence of
liability coverage must be submitted to the Director within 90 days after the
end of the fiscal year for which the year-end financial data show that the
owner or operator no longer meets the test requirements.
(7) The Director may disallow use of this
test on the basis of qualifications in the opinion expressed by the independent
certified public accountant in his report on examination of the owner's or
operator's financial statements (see paragraph (f)(3)(ii) of this section). An
adverse opinion or a disclaimer of opinion will be cause for disallowance. The
Director will evaluate other qualifications on an individual basis. The owner
or operator must provide evidence of insurance for the entire amount of
required liability coverage as specified in this section within 30 days after
notification of disallowance.
(g) Guarantee for liability coverage.
(1) Subject to paragraph (g)(2) of this
section, an owner or operator may meet the requirements of this section by
obtaining a written guarantee, hereinafter referred to as "guarantee." The
guarantor must be the direct or higher-tier parent corporation of the owner or
operator, a firm whose parent corporation is also the parent corporation of the
owner or operator, or a firm with a "substantial business relationship" with
the owner or operator. The guarantor must meet the requirements for owners or
operators in paragraphs (f)(1) through (f)(6) of this section. The wording of
the guarantee must be identical to the wording specified in §
264.151(h)(2) of this rule. A certified copy of the guarantee must accompany
the items sent to the Director as specified in paragraph (f)(3) of this
section. One of these items must be the letter from the guarantor's chief
financial officer. If the guarantor's parent corporation is also the parent
corporation of the owner or operator, this letter must describe the value
received in consideration of the guarantee. If the guarantor is a firm with a
"substantial business relationship" with the owner or operator, this letter
must describe this "substantial business relationship" and the value received
in consideration of the guarantee.
(i) If the
owner or operator fails to satisfy a judgment based on a determination of
liability for bodily injury or property damage to third parties caused by
sudden or nonsudden accidental occurrences (or both as the case may be),
arising from the operation of facilities covered by this corporate guarantee,
or fails to pay an amount agreed to in settlement of claims arising from or
alleged to arise from such injury or damage, the guarantor will do so up to the
limits of coverage.
(ii)
[Reserved]
(2)
(i) In the case of corporations incorporated
in the United States, a guarantee may be used to satisfy the requirements of
this section only if the Attorneys General or Insurance Commissioners of (A)
the State in which the guarantor is incorporated, and (B) each State in which a
facility covered by the guarantee is located have submitted a written statement
to EPA that a guarantee executed as described in this section and §
264.151(h)(2) is a legally valid and enforceable obligation in that
State.
(ii) In the case of
corporations incorporated outside the United States, a guarantee may be used to
satisfy the requirements of this section only if (A) the non-U.S. corporation
has identified a registered agent for service of process in each State in which
a facility covered by the guarantee is located and in the State in which it has
its principal place of business, and if (B) the Attorney General or Insurance
Commissioner of each State in which a facility covered by the guarantee is
located and the State in which the guarantor corporation has its principal
place of business, has submitted a written statement to EPA that a guarantee
executed as described in this section and § 264.151(h)(2) is a legally
valid and enforceable obligation in that State.
(h) Letter of credit for liability coverage.
(1) An owner or operator may satisfy the
requirements of this section by obtaining an irrevocable standby letter of
credit that conforms to the requirements of this paragraph and submitting a
copy of the letter of credit to the Director.
(2) The financial institution issuing the
letter of credit must be an entity that has the authority to issue letters of
credit and whose letter of credit operations are regulated and examined by a
Federal or State agency.
(3) The
wording of the letter of credit must be identical to the wording specified in
§ 264.151(k) of this rule.
(4)
An owner or operator who uses a letter of credit to satisfy the requirements of
this section may also establish a standby trust fund. Under the terms of such a
letter of credit, all amounts paid pursuant to a draft by the trustee of the
standby trust will be deposited by the issuing institution into the standby
trust in accordance with instructions from the trustee. The trustee of the
standby trust fund must be an entity which has the authority to act as a
trustee and whose trust operations are regulated and examined by a Federal or
State agency.
(5) The wording of
the standby trust fund must be identical to the wording specified in §
264.151(n).
(i) Surety
bond for liability coverage.
(1) An owner or
operator may satisfy the requirements of this section by obtaining a surety
bond that conforms to the requirements of this paragraph and submitting a copy
of the bond to the Director.
(2)
The surety company issuing the bond must be among those listed as acceptable
sureties on Federal bonds in the most recent Circular 570 of the U.S.
Department of the Treasury.
(3) The
wording of the surety bond must be identical to the wording specified in §
264.151(l) of this rule.
(4) A
surety bond may be used to satisfy the requirements of this section only if the
Attorneys General or Insurance Commissioners of (i) the State in which the
surety is incorporated, and (ii) each State in which a facility covered by the
surety bond is located have submitted a written statement to the Division that
a surety bond executed as described in this section and § 264.151(l) of
this rule is a legally valid and enforceable obligation in that
State.
(j) Trust fund for
liability coverage.
(1) An owner or operator
may satisfy the requirements of this section by establishing a trust fund that
conforms to the requirements of this paragraph and submitting an originally
signed duplicate of the trust agreement to the Director.
(2) The trustee must be an entity which has
the authority to act as a trustee and whose trust operations are regulated and
examined by a Federal or State agency.
(3) The trust fund for liability coverage
must be funded for the full amount of the liability coverage to be provided by
the trust fund before it may be relied upon to satisfy the requirements of this
section. If at any time after the trust fund is created the amount of funds in
the trust fund is reduced below the full amount of the liability coverage to be
provided, the owner or operator, by the anniversary date of the establishment
of the Fund, must either add sufficient funds to the trust fund to cause its
value to equal the full amount of liability coverage to be provided, or obtain
other financial assurance as specified in this section to cover the difference.
For purposes of this paragraph, "the full amount of the liability coverage to
be provided" means the amount of coverage for sudden and/or nonsudden
occurrences required to be provided by the owner or operator by this section,
less the amount of financial assurance for liability coverage that is being
provided by other financial assurance mechanisms being used to demonstrate
financial assurance by the owner or operator.
(4) The wording of the trust fund must be
identical to the wording specified in § 264.151(m) of this Rule.
(k) Notwithstanding any other
provision of this Section, an owner or operator using liability insurance to
satisfy the requirements of this section may use, until October 16, 1982, a
Hazardous Waste Facility Liability Endorsement or Certificate of Liability
Insurance that does not certify that the insurer is licensed to transact the
business of insurance, or eligible as an excess or surplus lines insurer, in
one or more States.
§
265.148
Incapacity of owners or operators, guarantors, or
financial institutions
(a) An owner or
operator must notify the Director by certified mail of the commencement of a
voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code,
naming the owner or operator as debtor, within 10 days after commencement of
the proceeding. A guarantor of a corporate guarantee as specified in
§§ 265.143(e) and 265.145(e) must make such a notification if he is
named as debtor, as required under the terms of the corporate guarantee (§
264.151(h)).
(b) An owner or
operator who fulfills the requirements of § 265.143, § 265.145, or
§ 265.147 by obtaining a trust fund, surety bond, letter of credit, or
insurance policy will be deemed to be without the required financial assurance
or liability coverage in the event of bankruptcy of the trustee or issuing
institution, or a suspension or revocation of the authority of the trustee
institution to act as trustee or of the institution issuing the surety bond,
letter of credit, or insurance policy to issue such instruments. The owner or
operator must establish other financial assurance or liability coverage within
60 days after such an event.
§
265.149
Use of State-required mechanisms
(a) For a facility located in a State where
EPA is administering the requirements of this Subsection but where the State
has hazardous waste rules that include requirements for financial assurance of
closure or post-closure care or liability coverage, an owner or operator may
use State-required financial mechanisms to meet the requirements of §
265.143, § 265.145, or § 265.147 if the Director determines that the
State mechanisms are at least equivalent to the financial mechanisms specified
in this Subsection. The Director will evaluate the equivalency of the
mechanisms principally in terms of (1) certainty of the availability of funds
for the required closure or post-closure care activities or liability coverage
and (2) the amount of funds that will be made available. The Director may also
consider other factors as he deems appropriate. The owner or operator must
submit to the Director evidence of the establishment of the mechanism together
with a letter requesting that the State-required mechanism be considered
acceptable for meeting the requirements of this Subsection. The submission must
include the following information: The facility's EPA Identification Number,
name, and address, and the amount of funds for closure or post-closure care or
liability coverage assured by the mechanism. The Director will notify the owner
or operator of his determination regarding the mechanism's acceptability in
lieu of financial mechanisms specified in this Subsection. The Director may
require the owner or operator to submit additional information as is deemed
necessary to make this determination. Pending this determination, the owner or
operator will be deemed to be in compliance with the requirements of §
265.143, § 265.145, or § 265.147, as applicable.
(b) If a State-required mechanism is found
acceptable as specified in paragraph (a) of this section except for the amount
of funds available, the owner or operator may satisfy the requirements of this
Subsection by increasing the funds available through the State-required
mechanism or using additional financial mechanisms as specified in this
Subsection. The amount of funds available through the State and Federal
mechanisms must at least equal the amount required by this
Subsection.
§
265.150
State assumption of responsibility
(a) If the State either assumes legal
responsibility for an owner's or operator's compliance with the closure,
post-closure care, or liability requirements of this Section or assures that
funds will be available from State sources to cover those requirements, the
owner or operator will be in compliance with the requirements of §
265.143, § 265.145, or § 265.147 if the Director determines that the
State's assumption of responsibility is at least equivalent to the financial
mechanisms specified in this Subsection. The Director will evaluate the
equivalency of State guarantees principally in terms of (1) certainty of the
availability of funds for the required closure or post-closure care activities
or liability coverage and (2) the amount of funds that will be made available.
The Director may also consider other factors as he deems appropriate. The owner
or operator must submit to the Director a letter from the State describing the
nature of the State's assumption of responsibility together with a letter from
the owner or operator requesting that the State's assumption of responsibility
be considered acceptable for meeting the requirements of this Subsection. The
letter from the State must include, or have attached to it, the following
information: The facility's EPA Identification Number, name, and address, and
the amount of funds for closure or post-closure care or liability coverage that
are guaranteed by the State. The Director will notify the owner or operator of
his determination regarding the acceptability of the State's guarantee in lieu
of financial mechanisms specified in this Subsection. The Director may require
the owner or operator to submit additional information as is deemed necessary
to make this determination. Pending this determination, the owner or operator
will be deemed to be in compliance with the requirements of §§
265.143, § 265.145, or § 265.147, as applicable.
(b) If the State's assumption of
responsibility is found acceptable as specified in paragraph (a) of this
section except for the amount of funds available, the owner or operator may
satisfy the requirements of this Subsection by use of both the State's
assurance and additional financial mechanisms as specified in this Subsection.
The amount of funds available through the State and Federal mechanisms must at
least equal the amount required by this Subsection.
Subsection I
-- Use and
Management of Containers
§ 265.170
Applicability
The rules in this Subsection apply to owners and operators of all hazardous waste facilities that store containers of hazardous waste, except as § 265.1 provides otherwise.
§ 265.171
Condition of
containers
If a container holding hazardous waste is not in good condition, or if it begins to leak, the owner or operator must transfer the hazardous waste from this container to a container that is in good condition, or manage the waste in some other way that complies with the requirements of this Section.
§ 265.172
Compatibility of waste with container
The owner or operator must use a container made of or lined with materials which will not react with, and are otherwise compatible with, the hazardous waste to be stored, so that the ability of the container to contain the waste is not impaired.
§
265.173
Management of containers
(a) A container holding hazardous waste must
always be closed during storage, except when it is necessary to add or remove
waste.
(b) A container holding
hazardous waste must not be opened, handled, or stored in a manner which may
rupture the container or cause it to leak.
[Comment: Re-use of containers in transportation is governed by U.S. Department of Transportation regulations, including those set forth in 49 CFR 173.28.]
§ 265.174
Inspections
At least weekly, the owner or operator must inspect areas where containers are stored. The owner or operator must look for leaking containers and for deterioration of containers and the containment system caused by corrosion or other factors. See § 265.171 for remedial action required if deterioration or leaks are detected.
§ 265.175
[Reserved]
§ 265.176
Special requirements for ignitable or reactive waste
Containers holding ignitable or reactive waste must be located at least 15 meters (50 feet) from the facility's property line.
[Comment: See § 265.17(a) for additional requirements.]
§
265.177
Special requirements for incompatible wastes
(a) Incompatible wastes, or incompatible
wastes and materials, (see Appendix V for examples) must not be placed in the
same container, unless § 265.17(b) is complied with.
(b) Hazardous waste must not be placed in an
unwashed container that previously held an incompatible waste or material (see
Appendix V for examples), unless § 265.17(b) is complied with.
(c) A storage container holding a hazardous
waste that is incompatible with any waste or other materials stored nearby in
other containers, piles, open tanks, or surface impoundments must be separated
from the other materials or protected from them by means of a dike, berm, wall,
or other device.
[Comment: The purpose of this is to prevent fires, explosions, gaseous emissions, leaching, or other discharge of hazardous waste or hazardous waste constituents which could result from the mixing of incompatible wastes or materials if containers break or leak.]
§ 265.178
Air emission
standards
The owner or operator shall manage all hazardous waste placed in a container in accordance with the requirements of subsections AA, BB, and CC of this section.
Subsection
J
-- Tank Systems
§
265.190
Applicability
The requirements of this Subsection apply to owners and operators of facilities that use tank systems for storing or treating hazardous waste except as otherwise provided in paragraphs (a), (b), and (c) of this section or in § 265.1 of this Section.
(a) Tank systems that are used to store or
treat hazardous waste which contains no free liquids and that are situated
inside a building with an impermeable floor are exempted from the requirements
in § 265.193. To demonstrate the absence or presence of free liquids in
the stored/treated waste, the following test must be used: Method 9095B (Paint
Filter Liquids Test) as described in "Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods," EPA Publication SW-846, as incorporated by
reference in § 260.11 of this rule.
(b) Tank systems, including sumps, as defined
in § 260.10, that serve as part of a secondary containment system to
collect or contain releases of hazardous wastes are exempted from the
requirements in § 265.193(a).
(c) Tanks, sumps, and other collection
devices used in conjunction with drip pads, as defined in § 260.10 of this
rule and regulated under § 265 Subsection W, must meet the requirements of
this Subsection.
§
265.191
Assessment of existing tank system's
integrity
(a) For each existing tank
system that does not have secondary containment meeting the requirements of
§ 265.193, the owner or operator must determine that the tank system is
not leaking or is unfit for use. Except as provided in paragraph (c) of this
section, the owner or operator must obtain and keep on file at the facility a
written assessment reviewed and certified by an independent, qualified,
Arkansas-registered professional engineer in accordance with §
270.11(d)of this rule, that attests to the tank system's integrity by January
12, 1988.
(b) This assessment must
determine that the tank system is adequately designed and has sufficient
structural strength and compatibility with the waste(s) to be stored or treated
to ensure that it will not collapse, rupture, or fail. At a minimum, this
assessment must consider the following:
(1)
Design standard(s), if available, according to which the tank and ancillary
equipment were constructed;
(2)
Hazardous characteristics of the waste(s) that have been or will be
handled;
(3) Existing corrosion
protection measures;
(4) Documented
age of the tank system, if available, (otherwise, an estimate of the age);
and
(5) Results of a leak test,
internal inspection, or other tank integrity examination such that:
(i) For non-enterable underground tanks, this
assessment must consist of a leak test that is capable of taking into account
the effects of temperature variations, tank end deflection, vapor pockets, and
high water table effects,
(ii) For
other than non-enterable underground tanks and for ancillary equipment, this
assessment must be either a leak test, as described above, or an internal
inspection and/or other tank integrity examination certified by an
independent, qualified, Arkansas-registered professional engineer
in accordance with § 270.11(d) that addresses cracks, leaks,
corrosion, and erosion.
[Note: The practices described in the American Petroleum Institute (API) Publication, Guide for Inspection of Refinery Equipment, Regulation XIII, "Atmospheric and Low-Pressure Storage Tanks," 4th edition, 1981, may be used, where applicable, as guidelines in conducting the integrity examination of an other than non-enterable underground tank system.]
(c) Tank
systems that store or treat materials that become hazardous wastes subsequent
to July 14, 1986 must conduct this assessment within 12 months after the date
that the waste becomes a hazardous waste.
(d) If, as a result of the assessment
conducted in accordance with paragraph (a) of this section, a tank system is
found to be leaking or unfit for use, the owner or operator must comply with
the requirements of § 265.196.
§ 265.192
Design and installation
of new tank systems or components
(a)
Owners or operators of new tank systems or components must ensure that the
foundation, structural support, seams, connections, and pressure controls (if
applicable) are adequately designed and that the tank system has sufficient
structural strength, compatibility with the waste(s) to be stored or treated,
and corrosion protection so that it will not collapse, rupture, or fail. The
owner or operator must obtain a written assessment reviewed and certified by an
independent, qualified, Arkansas-registered professional engineer
in accordance with § 270.11(d) of this rule attesting that the
system has sufficient structural integrity and is acceptable for the storing
and treating of hazardous waste. This assessment must include, at a minimum,
the following information:
(1) Design
standard(s) according to which the tank(s) and ancillary equipment is or will
be constructed.
(2) Hazardous
characteristics of the waste(s) to be handled.
(3) For new tank systems or components in
which the external shell of a metal tank or any external metal component of the
tank system is or will be in contact with the soil or with water, a
determination by a corrosion expert of:
(i)
Factors affecting the potential for corrosion, including but not limited to:
(A) Soil moisture content;
(B) Soil pH;
(C) Soil sulfides level;
(D) Soil resistivity;
(E) Structure to soil potential;
(F) Influence of nearby underground metal
structures (e.g., piping);
(G)
Stray electric current; and,
(H)
Existing corrosion-protection measures (e.g., coating, cathodic protection),
and
(ii) The type and
degree of external corrosion protection that are needed to ensure the integrity
of the tank system during the use of the tank system or component, consisting
of one or more of the following:
(A)
Corrosion-resistant materials of construction such as special alloys or
fiberglass-reinforced plastic;
(B)
Corrosion-resistant coating (such as epoxy or fiberglass) with cathodic
protection (e.g., impressed current or sacrificial anodes); and
(C) Electrical isolation devices such as
insulating joints and flanges.
Note: The practices described in the National Association of Corrosion Engineers (NACE) standard, "Recommended Practice (RP-02-85) - Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems," and the American Petroleum Institute (API) Publication 1632, "Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems," may be used, where applicable, as guidelines in providing corrosion protection for tank systems.
(4) For underground tank system components
that are likely to be affected by vehicular traffic, a determination of design
or operational measures that will protect the tank system against potential
damage; and
(5) Design
considerations to ensure that:
(i) Tank
foundations will maintain the load of a full tank;
(ii) Tank systems will be anchored to prevent
flotation or dislodgement where the tank system is placed in a saturated zone,
or is located within a seismic fault zone; and
(iii) Tank systems will withstand the effects
of frost heave.
(b) The owner or operator of a new tank
system must ensure that proper handling procedures are adhered to in order to
prevent damage to the system during installation. Prior to covering, enclosing,
or placing a new tank system or component in use, an independent, qualified
installation inspector or an independent, qualified,
Arkansas-registered professional engineer, either of whom is trained
and experienced in the proper installation of tank systems, must inspect the
system or component for the presence of any of the following items:
(1) Weld breaks;
(2) Punctures;
(3) Scrapes of protective coatings;
(4) Cracks;
(5) Corrosion;
(6) Other structural damage or inadequate
construction or installation.
All discrepancies must be remedied before the tank system is covered, enclosed, or placed in use.
(c) New tank systems or components and piping
that are placed underground and that are backfilled must be provided with a
backfill material that is a noncorrosive, porous, homogeneous substance and
that is carefully installed so that the backfill is placed completely around
the tank and compacted to ensure that the tank and piping are fully and
uniformly supported.
(d) All new
tanks and ancillary equipment must be tested for tightness prior to being
covered, enclosed or placed in use. If a tank system is found not to be tight,
all repairs necessary to remedy the leak(s) in the system must be performed
prior to the tank system being covered, enclosed, or placed in use.
(e) Ancillary equipment must be supported and
protected against physical damage and excessive stress due to settlement,
vibration, expansion or contraction.
Note: The piping system installation procedures described in American Petroleum Institute (API) Publication 1615 (November 1979), "Installation of Underground Petroleum Storage Systems," or ANSI Standard B31.3, "Petroleum Refinery System," may be used, where applicable, as guidelines for proper installation of piping systems.
(f) The owner or operator must provide the
type and degree of corrosion protection necessary, based on the information
provided under paragraph (a)(3) of this section, to ensure the integrity of the
tank system during use of the tank system. The installation of a corrosion
protection system that is field fabricated must be supervised by an independent
corrosion expert to ensure proper installation.
(g) The owner or operator must obtain and
keep on file at the facility written statements by those persons required to
certify the design of the tank system and supervise the installation of the
tank system in accordance with the requirements of paragraphs (b) through (f)
of this section to attest that the tank system was properly designed and
installed and that repairs, pursuant to paragraphs (b) and (d) of this section
were performed. These written statements must also include the certification
statement as required in § 270.11(d) of this rule.
§ 265.193
Containment and
detection of releases
(a) In order to
prevent the release of hazardous waste or hazardous constituents to the
environment, secondary containment that meets the requirements of this section
must be provided (except as provided in paragraphs (f) and (g) of this
section):
(1) For all new and existing tank
systems or components, prior to their being put into service;
(2) For tank systems that store or treat
materials that become hazardous wastes, within two (2) years of the hazardous
waste listing, or when the tank system has reached 15 years of age, whichever
comes later.
(b)
Secondary containment systems must be:
(1)
Designed, installed, and operated to prevent any migration of wastes or
accumulated liquid out of the system to the soil, ground water, or surface
water at any time during the use of the tank system; and
(2) Capable of detecting and collecting
releases and accumulated liquids until the collected material is
removed.
(c) To meet the
requirements of paragraph (b) of this section, secondary containment systems
must be at a minimum:
(1) Constructed of or
lined with materials that are compatible with the waste(s) to be placed in the
tank system and must have sufficient strength and thickness to prevent failure
due to pressure gradients (including static head and external hydrological
forces), physical contact with the waste to which they are exposed, climatic
conditions, the stress of installation, and the stress of daily operation
(including stresses from nearby vehicular traffic);
(2) Placed on a foundation or base capable of
providing support to the secondary containment system and resistance to
pressure gradients above and below the system and capable of preventing failure
due to settlement, compression, or uplift;
(3) Provided with a leak detection system
that is designed and operated so that it will detect the failure of either the
primary and secondary containment structure or any release of hazardous waste
or accumulated liquid in the secondary containment system within 24 hours, or
at the earliest practicable time if the existing detection technology or site
conditions will not allow detection of a release within 24 hours;
(4) Sloped or otherwise designed or operated
to drain and remove liquids resulting from leaks, spills, or precipitation.
Spilled or leaked waste and accumulated precipitation must be removed from the
secondary containment system within 24 hours, or in as timely a manner as is
possible to prevent harm to human health or the environment, if removal of the
released waste or accumulated precipitation cannot be accomplished within 24
hours.
Note: If the collected material is a hazardous waste under Section 261 of this rule, it is subject to management as a hazardous waste in accordance with all applicable requirements of Sections 262 through 265of this rule. If the collected material is discharged through a point source to waters of the State, it is subject to the requirements of sections 301, 304, and 402 of the Clean Water Act, as amended. If discharged to Publicly Owned Treatment Works (POTWs), it is subject to the requirements of section 307 of the Clear Water Act, as amended. If the collected material is released to the environment, it may be subject to the reporting requirements of 40 CFR part 302.
(d) Secondary
containment for tanks must include one or more of the following devices:
(1) A liner (external to the tank);
(2) A vault;
(3) A double-walled tank; or
(4) An equivalent device as approved by the
Director.
(e) In addition
to the requirements of paragraphs (b), (c), and (d) of this section, secondary
containment systems must satisfy the following requirements:
(1) External liner systems must be:
(i) Designed or operated to contain 100
percent of the capacity of the largest tank within its boundary;
(ii) Designed or operated to prevent run-on
or infiltration of precipitation into the secondary containment system unless
the collection system has sufficient excess capacity to contain run-on or
infiltration. Such additional capacity must be sufficient to contain
precipitation from a 25-year, 24-hour rainfall event;
(iii) Free of cracks or gaps; and
(iv) Designed and installed to completely
surround the tank and to cover all surrounding earth likely to come into
contact with the waste if released from the tank(s) (i.e., capable of
preventing lateral as well as vertical migration of the waste).
(2) Vault systems must be:
(i) Designed or operated to contain 100
percent of the capacity of the largest tank within its boundary;
(ii) Designed or operated to prevent run-on
or infiltration of precipitation into the secondary containment system unless
the collection system has sufficient excess capacity to contain run-on or
infiltration. Such additional capacity must be sufficient to contain
precipitation from a 25-year, 24-hour rainfall event;
(iii) Constructed with chemical-resistant
water stops in place at all joints (if any);
(iv) Provided with an impermeable interior
coating or lining that is compatible with the stored waste and that will
prevent migration of waste into the concrete;
(v) Provided with a means to protect against
the formation of and ignition of vapors within the vault, if the waste being
stored or treated:
(A) Meets the definition of
ignitable waste under § 261.21 of this rule, or
(B) Meets the definition of reactive waste
under § 261.23 of this rule and may form an ignitable or explosive vapor;
and
(vi) Provided with an
exterior moisture barrier or be otherwise designed or operated to prevent
migration of moisture into the vault if the vault is subject to hydraulic
pressure.
(3)
Double-walled tanks must be:
(i) Designed as
an integral structure (i.e., an inner tank within an outer shell) so that any
release from the inner tank is contained by the outer shell;
(ii) Protected, if constructed of metal, from
both corrosion of the primary tank interior and the external surface of the
outer shell; and
(iii) Provided
with a built-in, continuous leak detection system capable of detecting a
release within 24 hours or at the earliest practicable time, if the owner or
operator can demonstrate to the Director, and the Director concurs, that the
existing leak detection technology or site conditions will not allow detection
of a release within 24 hours.
Note: The provisions outlined in the Steel Tank Institute's (STI) "Standard for Dual Wall Underground Steel Storage Tank" may be used as guidelines for aspects of the design of underground steel double-walled tanks.
(f) Ancillary equipment must be provided with
full secondary containment (e.g., trench, jacketing, double-walled piping) that
meets the requirements of paragraphs (b) and (c) of this section except for:
(1) Aboveground piping (exclusive of flanges,
joints, valves, and connections) that are visually inspected for leaks on a
daily basis;
(2) Welded flanges,
welded joints, and welded connections that are visually inspected for leaks on
a daily basis;
(3) Sealless or
magnetic coupling pumps and sealless valves, that are visually inspected for
leaks on a daily basis; and
(4)
Pressurized aboveground piping systems with automatic shut-off devices (e.g.,
excess flow check valves, flow metering shutdown devices, loss of pressure
actuated shut-off devices) that are visually inspected for leaks on a daily
basis.
(g) The owner or
operator may obtain a variance from the requirements of this Section if the
Director finds, as a result of a demonstration by the owner or operator,
either: that alternative design and operating practices, together with location
characteristics, will prevent the migration of hazardous waste or hazardous
constituents into the ground water or surface water at least as effectively as
secondary containment during the active life of the tank system or that in the
event of a release that does migrate to ground water or surface water, no
substantial present or potential hazard will be posed to human health or the
environment. New underground tank systems may not, per a demonstration in
accordance with paragraph (g)(2) of this section, be exempted from the
secondary containment requirements of this section. Application for a variance
as allowed in paragraph (g) of this section does not waive compliance with the
requirements of this Subsection for new tank systems.
(1) In deciding whether to grant a variance
based on a demonstration of equivalent protection of ground water and surface
water, the Director will consider:
(i) The
nature and quantity of the waste;
(ii) The proposed alternate design and
operation;
(iii) The hydrogeologic
setting of the facility, including the thickness of soils between the tank
system and ground water; and
(iv)
All other factors that would influence the quality and mobility of the
hazardous constituents and the potential for them to migrate to ground water or
surface water.
(2) In
deciding whether to grant a variance, based on a demonstration of no
substantial present or potential hazard, the Director will consider:
(i) The potential adverse effects on ground
water, surface water, and land quality taking into account:
(A) The physical and chemical characteristics
of the waste in the tank system, including its potential for
migration,
(B) The hydrogeological
characteristics of the facility and surrounding land,
(C) The potential for health risks caused by
human exposure to waste constituents,
(D) The potential for damage to wildlife,
crops, vegetation, and physical structures caused by exposure to waste
constituents, and
(E) The
persistence and permanence of the potential adverse effects;
(ii) The potential adverse effects
of a release on ground-water quality, taking into account:
(A) The quantity and quality of ground water
and the direction of ground-water flow,
(B) The proximity and withdrawal rates of
water in the area,
(C) The current
and future uses of ground water in the area, and
(D) The existing quality of ground water,
including other sources of contamination and their cumulative impact on the
ground-water quality;
(iii) The potential adverse effects of a
release on surface water quality, taking into account:
(A) The quantity and quality of ground water
and the direction of ground-water flow,
(B) The patterns of rainfall in the
region,
(C) The proximity of the
tank system to surface waters,
(D)
The current and future uses of surface waters in the area and any water quality
standards established for those surface waters, and
(E) The existing quality of surface water,
including other sources of contamination and the cumulative impact on
surface-water quality; and
(iv) The potential adverse effects of a
release on the land surrounding the tank system, taking into account:
(A) The patterns of rainfall in the region,
and
(B) The current and future uses
of the surrounding land.
(3) The owner or operator of a tank system,
for which a variance from secondary containment had been granted in accordance
with the requirements of paragraph (g)(1) of this section, at which a release
of hazardous waste has occurred from the primary tank system but has not
migrated beyond the zone of engineering control (as established in the
variance), must:
(i) Comply with the
requirements of § 265.196, except paragraph (d); and
(ii) Decontaminate or remove contaminated
soil to the extent necessary to:
(A) Enable
the tank system, for which the variance was granted, to resume operation with
the capability for the detection of and response to releases at least
equivalent to the capability it had prior to the release, and
(B) Prevent the migration of hazardous waste
or hazardous constituents to ground water or surface water; and
(iii) If contaminated soil cannot
be removed or decontaminated in accordance with paragraph (g)(3)(ii) of this
section, comply with the requirements of § 265.197(b);
(4) The owner or operator of a
tank system, for which a variance from secondary containment had been granted
in accordance with the requirements of paragraph (g)(1) of this section, at
which a release of hazardous waste has occurred from the primary tank system
and has migrated beyond the zone of engineering control (as established in the
variance), must:
(i) Comply with the
requirements of § 265.196(a), (b), (c), and (d); and
(ii) Prevent the migration of hazardous waste
or hazardous constituents to ground water or surface water, if possible, and
decontaminate or remove contaminated soil. If contaminated soil cannot be
decontaminated or removed, or if ground water has been contaminated, the owner
or operator must comply with the requirements of § 265.197(b);
(iii) If repairing, replacing, or
reinstalling the tank system, provide secondary containment in accordance with
the requirements of paragraphs (a) through (f) of this section or reapply for a
variance from secondary containment and meet the requirements for new tank
systems in § 265.192 if the tank system is replaced. The owner or operator
must comply with these requirements even if contaminated soil can be
decontaminated or removed, and ground water or surface water has not been
contaminated.
(h) The following procedures must be followed
in order to request a variance from secondary containment:
(1) The Director must be notified in writing
by the owner or operator that he intends to conduct and submit a demonstration
for a variance from secondary containment as allowed in paragraph (g) of this
section according to the following schedule:
(i) For existing tank systems, at least 24
months prior to the date that secondary containment must be provided in
accordance with paragraph (a) of this section; and
(ii) For new tank systems, at least 30 days
prior to entering into a contract for installation of the tank
system.
(2) As part of
the notification, the owner or operator must also submit to the Director a
description of the steps necessary to conduct the demonstration and a timetable
for completing each of the steps. The demonstration must address each of the
factors listed in paragraph (g)(1) or paragraph (g)(2) of this
section.
(3) The demonstration for
a variance must be completed and submitted to the Director within 180 days
after notifying the Director of intent to conduct the demonstration.
(4) The Director will inform the public,
through a newspaper notice, of the availability of the demonstration for a
variance. The notice shall be placed in a daily or weekly major local newspaper
of general circulation and shall provide at least 30 days from the date of the
notice for the public to review and comment on the demonstration for a
variance. The Director also will hold a public hearing, in response to a
request or at his own discretion, whenever such a hearing might clarify one or
more issues concerning the demonstration for a variance. Public notice of the
hearing will be given at least 30 days prior to the date of the hearing and may
be given at the same time as notice of the opportunity for the public to review
and comment on the demonstration. These two notices may be combined.
(5) The Director will approve or disapprove
the request for a variance within 90 days of receipt of the demonstration from
the owner or operator and will notify in writing the owner or operator and each
person who submitted written comments or requested notice of the variance
decision. If the demonstration for a variance is incomplete or does not include
sufficient information, the 90-day time period will begin when the Director
receives a complete demonstration, including all information necessary to make
a final determination. If the public comment period in paragraph (h)(4) of this
section is extended, the 90-day time period will be similarly extended.
(i) All tank systems,
until such time as secondary containment meeting the requirements of this
section is provided, must comply with the following:
(1) For non-enterable underground tanks, a
leak test that meets the requirements of § 265.191(b)(5) must be conducted
at least annually;
(2) For other
than non-enterable underground tanks and for all ancillary equipment, an annual
leak test, as described in paragraph (i)(1) of this section, or an internal
inspection or other tank integrity examination by an independent,
qualified, Arkansas-registered professional engineer that addresses
cracks, leaks, corrosion, and erosion must be conducted at least annually. The
owner or operator must remove the stored waste from the tank, if necessary, to
allow the condition of all internal tank surfaces to be assessed.
Note: The practices described in the American Petroleum Institute (API) Publication Guide for Inspection of Refining Equipment, Chapter XIII, "Atmospheric and Low Pressure Storage Tanks," 4th edition, 1981, may be used, when applicable, as guidelines for assessing the overall condition of the tank system.
(3) The owner
or operator must maintain on file at the facility a record of the results of
the assessments conducted in accordance with paragraphs (i)(1) through (i)(3)
of this section.
(4) If a tank
system or component is found to be leaking or unfit-for-use as a result of the
leak test or assessment in paragraphs (i)(1) through (i)(3) of this section,
the owner or operator must comply with the requirements of § 265.196.
§ 265.194
General operating requirements
(a) Hazardous wastes or treatment reagents
must not be placed in a tank system if they could cause the tank, its ancillary
equipment, or the secondary containment system to rupture, leak, corrode, or
otherwise fail.
(b) The owner or
operator must use appropriate controls and practices to prevent spills and
overflows from tank or secondary containment systems. These include at a
minimum:
(1) Spill prevention controls (e.g, check valves, dry disconnect couplings);
(2) Overfill prevention controls (e.g., level
sensing devices, high level alarms, automatic feed cutoff, or bypass to a
standby tank); and
(3) Maintenance
of sufficient freeboard in uncovered tanks to prevent overtopping by wave or
wind action or by precipitation.
(c) The owner or operator must comply with
the requirements of § 265.196 if a leak or spill occurs in the tank
system.
§ 265.195
Inspections
(a) The owner or
operator must inspect, where present, at least once each operating day, data
gathered from monitoring and leak detection equipment (e.g., pressure or
temperature gauges, monitoring wells) to ensure that the tank system is being
operated according to its design.
Note: Section 265.15(c) requires the owner or operator to remedy any deterioration or malfunction he finds. Section 265.196 requires the owner or operator to notify the Director within 24 hours of confirming a release. Also, 40 CFR part 302 may require the owner or operator to notify the National Response Center of a release.
(b) Except as noted under the paragraph (c)
of this section, the owner or operator must inspect at least once each
operating day:
(1) Overfill/spill control
equipment (e.g., waste-feed cutoff systems, bypass systems, and drainage
systems) to ensure that it is in good working order;
(2) Above ground portions of the tank system,
if any, to detect corrosion or releases of waste; and
(3) The construction materials and the area
immediately surrounding the externally accessible portion of the tank system,
including the secondary containment system (e.g., dikes) to detect erosion or
signs of releases of hazardous waste (e.g., wet spots, dead
vegetation).
(c) Owners
or operators of tank systems that either use leak detection equipment to alert
facility personnel to leaks, or implement established workplace practices to
ensure leaks are promptly identified, must inspect at least weekly those areas
described in paragraphs (b)(1) through (3) of this section. Use of the
alternate inspection schedule must be documented in the facility's operating
record. This documentation must include a description of the established
workplace practices at the facility.
(d) [Reserved]
(e) Ancillary equipment that is not provided
with secondary containment, as described in § 265.193(f)(1) through (4),
must be inspected at least once each operating day.
(f) The owner or operator must inspect
cathodic protection systems, if present, according to, at a minimum, the
following schedule to ensure that they are functioning properly:
(1) The proper operation of the cathodic
protection system must be confirmed within six months after initial
installation, and annually thereafter; and
(2) All sources of impressed current must be
inspected and/or tested, as appropriate, at least bimonthly (i.e., every other
month).
Note: The practices described in the National Association of Corrosion Engineers (NACE) standard, "Recommended Practice (RP-02-85) - Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems," and the American Petroleum Institute (API) Publication 1632, "Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems," may be used, where applicable, as guidelines in maintaining and inspecting cathodic protection systems.
(g) The owner or operator must document in
the operating record of the facility an inspection of those items in paragraphs
(a) and (b) of this section.
§
265.196
Response to leaks or spills and disposition of
leaking or unfit-for-use tank systems
A tank system or secondary containment system from which there has been a leak or spill, or which is unfit for use, must be removed from service immediately, and the owner or operator must satisfy the following requirements:
(a) Cessation of use;
prevent flow or addition of wastes. The owner or operator must immediately stop
the flow of hazardous waste into the tank system or secondary containment
system and inspect the system to determine the cause of the release.
(b) Removal of waste from tank system or
secondary containment system.
(1) If the
release was from the tank system, the owner or operator must, within 24 hours
after detection of the leak or, if the owner or operator demonstrates that is
not possible, at the earliest practicable time remove as much of the waste as
is necessary to prevent further release of hazardous waste to the environment
and to allow inspection and repair of the tank system to be
performed.
(2) If the release was
to a secondary containment system, all released materials must be removed
within 24 hours or in as timely a manner as is possible to prevent harm to
human health and the environment.
(c) Containment of visible releases to the
environment. The owner or operator must immediately conduct a visual inspection
of the release and, based upon that inspection:
(1) Prevent further migration of the leak or
spill to soils or surface water; and
(2) Remove, and properly dispose of, any
visible contamination of the soil or surface water.
(d) Notifications, reports.
(1) Any release to the environment, except as
provided in paragraph (d)(2) of this section, must be reported to the Director
within 24 hours of detection. If the release has been reported pursuant to 40
CFR part 302, that report will satisfy this requirement.
(2) A leak or spill of hazardous waste that
is:
(i) Less than or equal to a quantity of
one (1) pound, and
(ii) Immediately
contained and cleaned-up is exempted from the requirements of this
paragraph.
(3) Within 30
days of detection of a release to the environment, a report containing the
following information must be submitted to the Director:
(i) Likely route of migration of the
release;
(ii) Characteristics of
the surrounding soil (soil composition, geology, hydrogeology,
climate);
(iii) Results of any
monitoring or sampling conducted in connection with the release, (if
available). If sampling or monitoring data relating to the release are not
available within 30 days, these data must be submitted to the Director as soon
as they become available.;
(iv)
Proximity to downgradient drinking water, surface water, and population areas;
and
(v) Description of response
actions taken or planned.
(e) Provision of secondary containment,
repair, or closure.
(1) Unless the owner or
operator satisfies the requirements of paragraphs (e) (2) through (4) of this
section, the tank system must be closed in accordance with §
265.197.
(2) If the cause of the
release was a spill that has not damaged the integrity of the system, the
owner/operator may return the system to service as soon as the released waste
is removed and repairs, if necessary, are made.
(3) If the cause of the release was a leak
from the primary tank system into the secondary containment system, the system
must be repaired prior to returning the tank system to service.
(4) If the source of the release was a leak
to the environment from a component of a tank system without secondary
containment, the owner/operator must provide the component of the system from
which the leak occurred with secondary containment that satisfies the
requirements of § 265.193 before it can be returned to service, unless the
source of the leak is an aboveground portion of a tank system. If the source is
an aboveground component that can be inspected visually, the component must be
repaired and may be returned to service without secondary containment as long
as the requirements of paragraph (f) of this section are satisfied. If a
component is replaced to comply with the requirements of this subparagraph,
that component must satisfy the requirements for new tank systems or components
in §§ 265.192 and 265.193. Additionally, if a leak has occurred in
any portion of a tank system component that is not readily accessible for
visual inspection (e.g., the bottom of an inground or onground tank), the
entire component must be provided with secondary containment in accordance with
§ 265.193 prior to being returned to use.
(f) Certification of major repairs. If the
owner or operator has repaired a tank system in accordance with paragraph (e)
of this section, and the repair has been extensive (e.g., installation of an
internal liner; repair of a ruptured primary containment or secondary
containment vessel), the tank system must not be returned to service unless the
owner/operator has obtained a certification by an independent, qualified,
Arkansas-registered professional engineer in accordance with § 270.11(d)
that the repaired system is capable of handling hazardous wastes without
release for the intended life of the system. This certification must be
submitted to the Director within seven days after returning the tank system to
use. This certification is to be placed in the operating record and maintained
until closure of the facility.
Note: The Director may, on the basis of any information received that there is or has been a release of hazardous waste, hazardous constituents, and/or hazardous substances into the environment, issue an order under the Arkansas Remedial ActionTrust Fund Act (A.C.A. §§ 8-7-501, et seq.) requiring corrective action or such other response as deemed necessary to protect human health or the environment.
Note: See § 265.15(c) for the requirements necessary to remedy a failure. Also, 40 CFR part 302 requires the owner or operator to notify the National Response Center of a release of any "reportable quantity."
§
265.197
Closure and post-closure care
(a) At closure of a tank system, the owner or
operator must remove or decontaminate all waste residues, contaminated
containment system components (liners, etc.), contaminated soils, and
structures and equipment contaminated with waste, and manage them as hazardous
waste, unless § 261.3(d) of this Rule applies. The closure plan, closure
activities, cost estimates for closure, and financial responsibility for tank
systems must meet all of the requirements specified in Subsections G and H of
this Section.
(b) If the owner or
operator demonstrates that not all contaminated soils can be practicably
removed or decontaminated as required in paragraph (a) of this section, then
the owner or operator must close the tank system and perform post-closure care
in accordance with the closure and post-closure care requirements that apply to
landfills (§ 265.310). In addition, for the purposes of closure,
post-closure, and financial responsibility, such a tank system is then
considered to be a landfill, and the owner or operator must meet all of the
requirements for landfills specified in Subsections G and H of this
Section.
(c) If an owner or
operator has a tank system which does not have secondary containment that meets
the requirements of § 265.193(b) through (f) and which is not exempt from
the secondary containment requirements in accordance with § 265.193(g),
then,
(1) The closure plan for the tank
system must include both a plan for complying with paragraph (a) of this
section and a contingent plan for complying with paragraph (b) of this
section.
(2) A contingent
post-closure plan for complying with paragraph (b) of this section must be
prepared and submitted as part of the permit application.
(3) The cost estimates calculated for closure
and post-closure care must reflect the costs of complying with the contingent
closure plan and the contingent post-closure plan, if these costs are greater
than the costs of complying with the closure plan prepared for the expected
closure under paragraph (a) of this section.
(4) Financial assurance must be based on the
cost estimates in paragraph (c)(3) of this section.
(5) For the purposes of the contingent
closure and post-closure plans, such a tank system is considered to be a
landfill, and the contingent plans must meet all of the closure, post-closure,
and financial responsibility requirements for landfills under Subsections G and
H of this Section.
§
265.198
Special requirements for ignitable or reactive
wastes
(a) Ignitable or reactive waste
must not be placed in a tank system, unless:
(1) The waste is treated, rendered, or mixed
before or immediately after placement in the tank system so that:
(i) The resulting waste, mixture, or
dissolved material no longer meets the definition of ignitable or reactive
waste under §§ 261.21 or 261.23 of this rule; and
(ii) Section 265.17(b) is complied with;
or
(2) The waste is
stored or treated in such a way that it is protected from any material or
conditions that may cause the waste to ignite or react; or
(3) The tank system is used solely for
emergencies.
(b) The
owner or operator of a facility where ignitable or reactive waste is stored or
treated in tanks must comply with the requirements for the maintenance of
protective distances between the waste management area and any public ways,
streets, alleys, or an adjoining property line that can be built upon as
required in Tables 2-1 through 2-6 of the National Fire Protection
Association's "Flammable and Combustible Liquids Code," (1977 or 1981),
(incorporated by reference, see § 260.11).
§ 265.199
Special requirements for
incompatible wastes
(a) Incompatible
wastes, or incompatible waste and materials, must not be placed in the same
tank system, unless § 265.17(b) is complied with.
(b) Hazardous waste must not be placed in a
tank system that has not been decontaminated and that previously held an
incompatible waste or material, unless § 265.17(b) is complied
with.
§ 265.200
Waste analysis and trial tests
In addition to performing the waste analysis required by § 265.13, the owner or operator must, whenever a tank system is to be used to treat chemically or to store a hazardous waste that is substantially different from waste previously treated or stored in that tank system; or treat chemically a hazardous waste with a substantially different process than any previously used in that tank system:
(a) Conduct waste analyses and trial
treatment or storage tests (e.g., bench-scale or pilot-plant scale tests);
or
(b) Obtain written, documented
information on similar waste under similar operating conditions to show that
the proposed treatment or storage will meet the requirements of §
265.194(a).
Note: Section 265.13 requires the waste analysis plan to include analyses needed to comply with §§ 265.198 and 265.199. Section 265.73 requires the owner or operator to place the results from each waste analysis and trial test, or the documented information, in the operating record of the facility.
§
265.201
[Reserved]
§ 265.202
Air emission
standards
The owner or operator shall manage all hazardous waste placed in a tank in accordance with the requirements of subsections AA, BB, and CC of this section.
Subsection K - Surface Impoundments
§ 265.220
Applicability
The rules in this Subsection apply to owners and operators of facilities that use surface impoundments to treat, store, or dispose of hazardous waste, except as § 265.1 provides otherwise.
§ 265.221
Design and operating
requirements
(a) The owner or operator
of each new surface impoundment unit, each lateral expansion of a surface
impoundment unit, and each replacement of an existing surface impoundment unit
must install two or more liners and a leachate collection and removal system
between the liners, and operate the leachate collection and removal system, in
accordance with § 264.221(c), unless exempted under § 264.221(d),
(e), or (f), of this rule.
(b) The
owner or operator of each unit referred to in paragraph (a) of this section
must notify the Director at least sixty days prior to receiving waste. The
owner or operator of each facility submitting notice must file a Part B
application within six months of the receipt of such notice.
(c) The owner or operator of any replacement
surface impoundment unit is exempt from paragraph (a) of this section if:
(1) The existing unit was constructed in
compliance with the design standards of § 3004(o)(1)(A)(i) and (o)(5) of
the Resource Conservation and Recovery Act; and
(2) There is no reason to believe that the
liner is not functioning as designed.
(d) The double liner requirement set forth in
paragraph (a) of this section may be waived by the Director for any monofill,
if:
(1) The monofill contains only hazardous
wastes from foundry furnace emission controls or metal casting molding sand,
and such wastes do not contain constituents which would render the wastes
hazardous for reasons other than the Toxicity Characteristic in § 261.24
of this rule, with EPA Hazardous Waste Numbers D004 through D017; and
(2)
(i)
(A) The monofill has at least one liner for
which there is no evidence that such liner is leaking. For the purposes of this
paragraph the term "liner" means a liner designed, constructed, installed, and
operated to prevent hazardous waste from passing into the liner at any time
during the active life of the facility, or a liner designed, constructed,
installed, and operated to prevent hazardous waste from migrating beyond the
liner to adjacent subsurface soil, ground water, or surface water at any time
during the active life of the facility. In the case of any surface impound-ment
which has been exempted from the requirements of paragraph (a) of this section
on the basis of a liner designed, constructed, installed, and operated to
prevent hazardous waste from passing beyond the liner, at the closure of such
impoundment the owner or operator must remove or decontaminate all waste
residues, all contaminated liner material, and contaminated soil to the extent
practicable. If all contaminated soil is not removed or decontaminated, the
owner or operator of such impoundment must comply with appropriate post-closure
requirements, including but not limited to ground-water monitoring and
corrective action;
(B) The monofill
is located more than one-quarter mile from an "underground source of drinking
water" (as that term is defined in § 270.2 of this rule); and
(C) The monofill is in compliance with
generally applicable groundwater monitoring requirements for facilities with
permits under RCRA section 3005(c); or
(ii) The owner or operator demonstrates that
the monofill is located, designed and operated so as to assure that there will
be no migration of any hazardous constituent into ground water or surface water
at any future time.
(e) In the case of any unit in which the
liner and leachate collection system has been installed pursuant to the
requirements of paragraph (a) of this section and in good faith compliance with
paragraph (a) of this section and with guidance documents governing liners and
leachate collection systems under paragraph (a) of this section, no liner or
leachate collection system which is different from that which was so installed
pursuant to paragraph (a) of this section will be required for such unit by the
Director when issuing the first permit to such facility, except that the
Director will not be precluded from requiring installation of a new liner when
the Director has reason to believe that any liner installed pursuant to the
requirements of paragraph (a) of this section is leaking.
(f) A surface impoundment must maintain
enough freeboard to prevent any overtopping of the dike by overfilling, wave
action, or a storm. Except as provided in paragraph (b) of this section, there
must be at least 60 centimeters (two feet) of freeboard.
(g) A freeboard level less than 60
centimeters (two feet) may be maintained if the owner or operator obtains
certification by a qualified engineer that alternate design features or
operating plans will, to the best of his knowledge and opinion, prevent
overtopping of the dike. The certification, along with a written identification
of alternate design features or operating plans preventing overtopping, must be
maintained at the facility.
(h)
Surface impoundments that are newly subject to RCRA § 3005(j) due to the
promulgation of additional listings or characteristics for the identification
of hazardous waste must be in compliance with paragraphs (a), (c), and (d) of
this section not later than 48 months after the promulgation of the addtional
listing or characteristic. This compliance period shall not be cut short as the
result of the promulgation of land disposal prohibitions under Section 268 of
this rule or the granting of an extension to the effective date of a
prohibition pursuant to
40 CFR
268.5, within this 48-month period
§ 265.222
Action
leakage rate
(a) The owner or operator
of surface impoundment units subject to § 265.221(a) must submit a
proposed action leakage rate to the Director when submitting the notice
required under § 265.221(b). Within 60 days of receipt of the
notification, the Director will: Establish an action leakage rate, either as
proposed by the owner or operator or modified using the criteria in this
section; or extend the review period for up to 30 days. If no action is taken
by the Director before the original 60 or extended 90 day review periods, the
action leakage rate will be approved as proposed by the owner or
operator.
(b) The Director shall
approve an action leakage rate for surface impoundment units subject to §
265.221(a). The action leakage rate is the maximum design flow rate that the
leak detection system (LDS) can remove without the fluid head on the bottom
liner exceeding 1 foot. The action leakage rate must include an adequate safety
margin to allow for uncertainties in the design (e.g., slope, hydraulic
conductivity, thickness of drainage material), construction, operation, and
location of the LDS, waste and leachate characteristics, likelihood and amounts
of other sources of liquids in the LDS, and proposed response actions (e.g.,
the action leakage rate must consider decreases in the flow capacity of the
system over time resulting from siltation and clogging, rib layover and creep
of synthetic components of the system, overburden pressures, etc.).
(c) To determine if the action leakage rate
has been exceeded, the owner or operator must convert the weekly or monthly
flow rate from the monitoring data obtained under § 265.226(b), to an
average daily flow rate (gallons per acre per day) for each sump. Unless the
Director approves a different calculation, the average daily flow rate for each
sump must be calculated weekly during the active life and closure period, and
if the unit closes in accordance with § 265.228(a)(2), monthly during the
post-closure care period when monthly monitoring is required under §
265.226(b).
§
265.223
Containment system
All earthen dikes must have a protective cover, such as grass, shale, or rock, to minimize wind and water erosion and to preserve their structural integrity.
§
265.224
Response actions
(a) The owner or operator of surface
impoundment units subject to § 265.221(a) must develop and keep on site
until closure of the facility a response action plan.. The response action plan
must set forth the actions to be taken if the action leakage rate has been
exceeded. At a minimum, the response action plan must describe the actions
specified in paragraph (b) of this section.
(b) If the flow rate into the leak detection
system exceeds the action leakage rate for any sump, the owner or operator
must:
(1) Notify the Director in writing of
the exceedance within 7 days of the determination;
(2) Submit a preliminary written assessment
to the Director within 14 days of the determination, as to the amount of
liquids, likely sources of liquids, possible location, size, and cause of any
leaks, and short-term actions taken and planned;
(3) Determine to the extent practicable the
location, size, and cause of any leak;
(4) Determine whether waste receipt should
cease or be curtailed, whether any waste should be removed from the unit for
inspection, repairs, or controls, and whether or not the unit should be
closed;
(5) Determine any other
short-term and longer-term actions to be taken to mitigate or stop any leaks;
and
(6) Within 30 days after the
notification that the action leakage rate has been exceeded, submit to the
Director the results of the analyses specified in paragraphs (b)(3), (4), and
(5) of this section, the results of actions taken, and actions planned. Monthly
thereafter, as long as the flow rate in the leak detection system exceeds the
action leakage rate, the owner or operator must submit to the Director a report
summarizing the results of any remedial actions taken and actions
planned.
(c) To make the
leak and/or remediation determinations in paragraphs (b)(3), (4), and (5) of
this section, the owner or operator must:
(1)
(i) Assess the source of liquids and amounts
of liquids by source,
(ii) Conduct
a fingerprint, hazardous constituent, or other analyses of the liquids in the
leak detection system to identify the source of liquids and possible location
of any leaks, and the hazard and mobility of the liquid; and
(iii) Assess the seriousness of any leaks in
terms of potential for escaping into the environment; or
(2) Document why such assessments are not
needed.
§
265.225
Waste analysis and trial tests
(a) In addition to the waste analyses
required by § 265.13, whenever a surface impoundment is to be used to:
(1) Chemically treat a hazardous waste which
is substantially different from waste previously treated in that impoundment;
or
(2) Chemically treat hazardous
waste with a substantially different process than any previously used in that
impoundment; the owner or operator must, before treating the different waste or
using the different process:
(i) Conduct waste
analyses and trial treatment tests (e.g., bench scale or pilot plant scale
tests); or
(ii) Obtain written,
documented information on similar treatment of similar waste under similar
operating conditions; to show that this treatment will comply with §
265.17(b).
[Comment: As required by § 265.13, the waste analysis plan must include analyses needed to comply with §§ 265.229 and 265.230. As required by § 265.73, the owner or operator must place the results from each waste analysis and trial test, or the documented information, in the operating record of the facility.]
§ 265.226
Monitoring
and inspection
(a) The owner or
operator must inspect:
(1) The freeboard
level at least once each operating day to ensure compliance with §
265.222, and
(2) The surface
impoundment, including dikes and vegetation surrounding the dike, at least once
a week to detect any leaks, deterioration, or failures in the impoundment.
[Comment: As required by § 265.15(c), the owner or operator must remedy any deterioration or malfunction he finds.]
(b)
(1) An owner or operator required to have a
leak detection system under § 265.221(a) must record the amount of liquids
removed from each leak detection system sump at least once each week during the
active life and closure period.
(2)
After the final cover is installed, the amount of liquids removed from each
leak detection system sump must be recorded at least monthly. If the liquid
level in the sump stays below the pump operating level for two consecutive
months, the amount of liquids in the sumps must be recorded at least quarterly.
If the liquid level in the sump stays below the pump operating level for two
consecutive quarters, the amount of liquids in the sumps must be recorded at
least semi-annually. If at any time during the post-closure care period the
pump operating level is exceeded at units on quarterly or semi-annual recording
schedules, the owner or operator must return to monthly recording of amounts of
liquids removed from each sump until the liquid level again stays below the
pump operating level for two consecutive months.
(3) "Pump operating level" is a liquid level
proposed by the owner or operator and approved by the Director based on pump
activation level, sump dimensions, and level that avoids backup into the
drainage layer and minimizes head in the sump. The timing for submission and
approval of the proposed "pump operating level" will be in accordance with
§ 265.222(a).
§
265.227
[Reserved]
§ 265.228
Closure and post-closure
care
(a) At closure, the owner or
operator must:
(1) Remove or decontaminate all
waste residues, contaminated containment system components (liners, etc.),
contaminated subsoils, and structures and equipment contaminated with waste and
leachate, and manage them as hazardous waste unless § 261.3(d) of this
rule applies; or
(2) Close the
impoundment and provide post-closure care for a landfill under Subsection G and
§ 265.310, including the following:
(i)
Eliminate free liquids by removing liquid wastes or solidifying the remaining
wastes and waste residues;
(ii)
Stabilize remaining wastes to a bearing capacity sufficient to support the
final cover; and
(iii) Cover the
surface impoundment with a final cover designed and constructed to:
(A) Provide long-term minimization of the
migration of liquids through the closed impoundment;
(B) Function with minimum
maintenance;
(C) Promote drainage
and minimize erosion or abrasion of the cover;
(D) Accommodate settling and subsidence so
that the cover's integrity is maintained; and
(E) Have a permeability less than or equal to
the permeability of any bottom liner system or natural subsoils
present.
(b) In addition to the requirements of
Subsection G, and § 265.310, during the post-closure care period, the
owner or operator of a surface impoundment in which wastes, waste residues, or
contaminated materials remain after closure in accordance with the provisions
of paragraph (a)(2) of this section must:
(1)
Maintain the integrity and effectiveness of the final cover, including making
repairs to the cover as necessary to correct the effects of settling,
subsidence, erosion, or other events;
(2) Maintain and monitor the leak detection
system in accordance with §§ 264.221(c)(2)(iv) and (3) of this rule
and 265.226(b) and comply with all other applicable leak detection system
requirements of this Section;
(3)
Maintain and monitor the ground-water monitoring system and comply with all
other applicable requirements of Subsection F of this Section; and
(4) Prevent run-on and run-off from eroding
or otherwise damaging the final cover.
§ 265.229
Special requirements for
ignitable or reactive wastes
Ignitable or reactive waste must not be placed in a surface impoundment, unless the waste and impoundment satisfy all applicable requirements of Section 268 and 40 CFR part 268, and:
(a) The waste is treated, rendered, or mixed
before or immediately after placement in the impoundment so that:
(1) The resulting waste, mixture, or
dissolution of material no longer meets the definition of ignitable or reactive
waste under § 261.21 or § 261.23 of this rule; and
(2) Section 265.17(b) is complied with;
or
(b)
(1) The waste is managed in such a way that
it is protected from any material or conditions which may cause it to ignite or
react; and
(2) The owner or
operator obtains a certification from a qualified chemist or engineer that, to
the best of his knowledge and opinion, the design features or operating plans
of the facility will prevent ignition or reaction; and
(3) The certification and the basis for it
are maintained at the facility; or
(c) The surface impoundment is used solely
for emergencies.
§
265.230
Special requirements for incompatible wastes
Incompatible wastes, or incompatible wastes and materials, (see Appendix V for examples) must not be placed in the same surface impoundment, unless § 265.17(b) is complied with.
§ 265.231
Air emission
standards
The owner or operator shall manage all hazardous waste placed in a surface impoundment in accordance with the requirements of subsections BB and CC of this section.
Subsection L
-- Waste Piles
§ 265.250
Applicability
The rules in this Subsection apply to owners and operators of facilities that treat or store hazardous waste in piles, except as § 265.1 provides otherwise. Alternatively, a pile of hazardous waste may be managed as a landfill under Subsection N.
§
265.251
Protection from wind
The owner or operator of a pile containing hazardous waste which could be subject to dispersal by wind must cover or otherwise manage the pile so that wind dispersal is controlled.
§ 265.252
Waste analysis
In addition to the waste analyses required by § 265.13, the owner or operator must analyze a representative sample of waste from each incoming movement before adding the waste to any existing pile, unless (1) The only wastes the facility receives which are amenable to piling are compatible with each other, or (2) the waste received is compatible with the waste in the pile to which it is to be added. The analysis conducted must be capable of differentiating between the types of hazardous waste the owner or operator places in piles, so that mixing of incompatible waste does not inadvertently occur. The analysis must include a visual comparison of color and texture.
[Comment: As required by § 265.13, the waste analysis plan must include analyses needed to comply with §§ 265.256 and 265.257. As required by § 265.73, the owner or operator must place the results of this analysis in the operating record of the facility.]
§ 265.253
Containment
If leachate or run-off from a pile is a hazardous waste, then either:
(a)
(1) The pile must be placed on an impermeable
base that is compatible with the waste under the conditions of treatment or
storage;
(2) The owner or operator
must design, construct, operate, and maintain a run-on control system capable
of preventing flow onto the active portion of the pile during peak discharge
from at least a 25-year storm;
(3)
The owner or operator must design, construct, operate, and maintain a run-off
management system to collect and control at least the water volume resulting
from a 24-hour, 25-year storm; and
(4) Collection and holding facilities (e.g.,
tanks or basins) associated with run-on and runoff control systems must be
emptied or otherwise managed expeditiously to maintain design capacity of the
system; or
(b)
(1) The pile must be protected from
precipitation and run-on by some other means; and
(2) No liquids or wastes containing free
liquids may be placed in the pile.
[Comment: If collected leachate or run-off is discharged through a point source to waters of the State, it is subject to the requirements of section 402 of the Clean Water Act, as amended.]
§ 265.254
Design and operating requirements
The owner or operator of each new waste pile on which construction commences after January 29, 1992, each lateral expansion of a waste pile unit on which construction commences after July 29, 1992, and each such replacement of an existing waste pile unit that is to commence reuse after July 29, 1992 must install two or more liners and a leachate collection and removal system above and between such liners, and operate the leachate collection and removal systems, in accordance with § 264.251(c), unless exempted under § 264.251(d), (e), or (f), of this rule; and must comply with the procedures of § 265.221(b). "Construction commences" is as defined in § 260.10 of this rule under "existing facility".
§ 265.255
Action leakage rates
(a) The
owner or operator of waste pile units subject to § 265.254 must submit a
proposed action leakage rate to the Director when submitting the notice
required under § 265.254. Within 60 days of receipt of the notification,
the Director will: Establish an action leakage rate, either as proposed by the
owner or operator or modified using the criteria in this section; or extend the
review period for up to 30 days. If no action is taken by the Director before
the original 60 or extended 90 day review periods, the action leakage rate will
be approved as proposed by the owner or operator.
(b) The Director shall approve an action
leakage rate for waste pile units subject to § 265.254. The action leakage
rate is the maximum design flow rate that the leak detection system (LDS) can
remove without the fluid head on the bottom liner exceeding 1 foot. The action
leakage rate must include an adequate safety margin to allow for uncertainties
in the design (e.g., slope, hydraulic conductivity, thickness of drainage
material), construction, operation, and location of the LDS, waste and leachate
characteristics, likelihood and amounts of other sources of liquids in the LDS,
and proposed response actions (e.g., the action leakage rate must consider
decreases in the flow capacity of the system over time resulting from siltation
and clogging, rib layover and creep of synthetic components of the system,
overburden pressures, etc.).
(c) To
determine if the action leakage rate has been exceeded, the owner or operator
must convert the weekly flow rate from the monitoring data obtained under
§ 265.260, to an average daily flow rate (gallons per acre per day) for
each sump. Unless the Director approves a different calculation, the average
daily flow rate for each sump must be calculated weekly during the active life
and closure period.
§
265.256
Special requirements for ignitable or reactive
waste
(a) Ignitable or reactive waste
must not be placed in a pile unless the waste and pile satisfy all applicable
requirements of Section 268 and 40 CFR part 268, and:
(1) Addition of the waste to an existing pile
(i) results in the waste or mixture no longer meeting the definition of
ignitable or reactive waste under § 261.21 or § 261.23 of this rule,
and (ii) complies with § 265.17(b); or
(2) The waste is managed in such a way that
it is protected from any material or conditions which may cause it to ignite or
react.
§
265.257
Special requirements for incompatible wastes
(a) Incompatible wastes, or incompatible
wastes and materials, (see Appendix V for examples) must not be placed in the
same pile, unless § 265.17(b) is complied with.
(b) A pile of hazardous waste that is
incompatible with any waste or other material stored nearby in other
containers, piles, open tanks, or surface impoundments must be separated from
the other materials, or protected from them by means of a dike, berm, wall, or
other device.
[Comment: The purpose of this is to prevent fires, explosions, gaseous emissions, leaching, or other discharge of hazardous waste or hazardous waste constituents which could result from the contact or mixing of incompatible wastes or materials.]
(c) Hazardous waste must not be piled on the
same area where incompatible wastes or materials were previously piled, unless
that area has been decontaminated sufficiently to ensure compliance with §
265.17(b).
§ 265.258
Closure and post-closure care
(a) At closure, the owner or operator must
remove or decontaminate all waste residues, contaminated containment system
components (liners, etc.), contaminated subsoils, and structures and equipment
contaminated with waste and leachate, and manage them as hazardous waste unless
§ 261.3(d) of this rule applies; or
(b) If, after removing or decontaminating all
residues and making all reasonable efforts to effect removal or decontamination
of contaminated components, subsoils, structures, and equipment as required in
paragraph (a) of this section, the owner or operator finds that not all
contaminated subsoils can be practicably removed or decontaminated, he must
close the facility and perform post-closure care in accordance with the closure
and post-closure requirements that apply to landfills (§
265.310).
§ 265.259
Response actions
(a) The owner or
operator of waste pile units subject to § 265.254 must develop and keep on
site until closure of the facility a response action plan. The response action
plan must set forth the actions to be taken if the action leakage rate has been
exceeded. At a minimum, the response action plan must describe the actions
specified in paragraph (b) of this section.
(b) If the flow rate into the leak
determination system exceeds the action leakage rate for any sump, the owner or
operator must:
(1) Notify the Director in
writing of the exceedance within 7 days of the determination;
(2) Submit a preliminary written assessment
to the Director within 14 days of the determination, as to the amount of
liquids, likely sources of liquids, possible location, size, and cause of any
leaks, and short-term actions taken and planned;
(3) Determine to the extent practicable the
location, size, and cause of any leak;
(4) Determine whether waste receipts should
cease or be curtailed, whether any waste should be removed from the unit for
inspection, repairs, or controls, and whether or not the unit should be
closed;
(5) Determine any other
short-term and longer-term actions to be taken to mitigate or stop any leaks;
and
(6) Within 30 days after the
notification that the action leakage rate has been exceeded, submit to the
Director the results of the analyses specified in paragraphs (b)(3), (4), and
(5) of this section, the results of actions taken, and actions planned. Monthly
thereafter, as long as the flow rate in the leak detection system exceeds the
action leakage rate, the owner or operator must submit to the Director a report
summarizing the results of any remedial actions taken and actions
planned.
(c) To make the
leak and/or remediation determinations in paragraphs (b)(3), (4), and (5) of
this section, the owner or operator must:
(1)
(i) Assess the source of liquids and amounts
of liquids by source,
(ii) Conduct
a fingerprint, hazardous constituent, or other analyses of the liquids in the
leak detection system to identify the source of liquids and possible location
of any leaks, and the hazard and mobility of the liquid; and
(iii) Assess the seriousness of any leaks in
terms of potential for escaping into the environment; or
(2) Document why such assessments are not
needed.
§
265.260
Monitoring and inspection
An owner or operator required to have a leak detection system under § 265.254 must record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.
Subsection
M
-- Land Treatment
§
265.270
Applicability
The rules in this Subsection apply to owners and operators of hazardous waste land treatment facilities, except as § 265.1 provides otherwise.
§ 265.271
[Reserved]
§
265.272
General operating requirements
(a) Hazardous waste must not be placed in or
on a land treatment facility unless the waste can be made less hazardous or
nonhazardous by degradation, transformation, or immobilization processes
occurring in or on the soil.
(b)
The owner or operator must design, construct, operate, and maintain a run-on
control system capable of preventing flow onto the active portions of the
facility during peak discharge from at least a 25-year storm.
(c) The owner or operator must design,
construct, operate, and maintain a run-off management system capable of
collecting and controlling a water volume at least equivalent to a 24-hour,
25-year storm.
(d) Collection and
holding facilities (e.g., tanks or basins) associated with run-on and run-off
control systems must be emptied or otherwise managed expeditiously after storms
to maintain design capacity of the system.
(e) If the treatment zone contains
particulate matter which may be subject to wind dispersal, the owner or
operator must manage the unit to control wind dispersal.
§ 265.273
Waste analysis
In addition to the waste analyses required by § 265.13, before placing a hazardous waste in or on a land treatment facility, the owner or operator must:
(a) Determine the
concentrations in the waste of any substances which equal or exceed the maximum
concentrations contained in Table 1 of § 261.24 of this rule that cause a
waste to exhibit the Toxicity Characteristic;
(b) For any waste listed in Section 261,
Subsection D, of this rule, determine the concentrations of any substances
which caused the waste to be listed as a hazardous waste; and
(c) If food chain crops are grown, determine
the concentrations in the waste of each of the following constituents: arsenic,
cadmium, lead, and mercury, unless the owner or operator has written,
documented data that show that the constituent is not present.
[Comment: Section 261 of this rule specifies the substances for which a waste is listed as a hazardous waste. As required by § 265.13, the waste analysis plan must include analyses needed to comply with §§ 265.281 and 265.282. As required by § 265.73, the owner or operator must place the results from each waste analysis, or the documented information, in the operating record of the facility.]
§§ 265.274 - 265.275
[Reserved]
§
265.276
Food chain crops
(a) An owner or operator of a hazardous waste
land treatment facility on which food chain crops are being grown, or have been
grown and will be grown in the future, must notify the Director within 60 days
after the effective date of this Section.
[Comment: The growth of food chain crops at a facility which has never before been used for this purpose is a significant change in process under 40 CFR 122.72(c) . Owners or operators of such land treatment facilities who propose to grow food chain crops after the effective date of this Section must comply with 40 CFR 122.72(c).]
(b)
(1)
Food chain crops must not be grown on the treated area of a hazardous waste
land treatment facility unless the owner or operator can demonstrate, based on
field testing, that any arsenic, lead, mercury, or other constituents
identified under § 265.273(b):
(i) Will
not be transferred to the food portion of the crop by plant uptake or direct
contact, and will not otherwise be ingested by food chain animals (e.g., by
grazing); or
(ii) Will not occur in
greater concentrations in the crops grown on the land treatment facility than
in the same crops grown on untreated soils under similar conditions in the same
region.
(2) The
information necessary to make the demonstration required by paragraph (b)(1) of
this section must be kept at the facility and must, at a minimum:
(i) Be based on tests for the specific waste
and application rates being used at the facility; and
(ii) Include descriptions of crop and soil
characteristics, sample selection criteria, sample size determination,
analytical methods, and statistical procedures.
(c) Food chain crops must not be grown on a
land treatment facility receiving waste that contains cadmium unless all
requirements of paragraphs (c)(1) (i) through (iii) of this section or all
requirements of paragraphs (c)(2) (i) through (iv) of this section are met.
(1)
(i) The
pH of the waste and soil mixture is 6.5 or greater at the time of each waste
application, except for waste containing cadmium at concentrations of 2 mg/kg
(dry weight) or less;
(ii) The
annual application of cadmium from waste does not exceed 0.5 kilograms per
hectare (kg/ha) on land used for production of tobacco, leafy vegetables, or
root crops grown for human consumption. For other food chain crops, the annual
cadmium application rate does not exceed:
|
Time period Annual Cd application rate (kg/ha) |
|
|
Present to June 30, 1984 |
2.0 |
|
July 1, 1984 to December 31, 1986 |
1.25 |
|
Beginning January 1, 1987 |
0.5 |
(iii)
The cumulative application of cadmium from waste does not exceed the levels in
either paragraph (c)(1)(iii)(A) or (B) of this section.
(A)
Maximum cumulative application (kg/ha)
|
Soil caption exchange capacity |
Background soil pH < 6.5 |
Background soil pH > 6.5 |
|
Less than 5 |
5 |
5 |
|
5 to 15 |
5 |
10 |
|
Greater than 15 |
5 |
20 |
(B) For
soils with a background pH of less than 6.5, the cumulative cadmium application
rate does not exceed the levels below: Provided, that the pH of the waste and
soil mixture is adjusted to and maintained at 6.5 or greater whenever food
chain crops are grown.
|
Soil caption exchange capacity (meq/100g) (kg/ha) |
Maximum cumulative application |
|
Less than 5 |
5 |
|
5 to 15 |
10 |
|
Greater than 15 |
20 |
(2)
(i) The
only food chain crop produced is animal feed.
(ii) The pH of the waste and soil mixture is
6.5 or greater at the time of waste application or at the time the crop is
planted, whichever occurs later, and this pH level is maintained whenever food
chain crops are grown.
(iii) There
is a facility operating plan which demonstrates how the animal feed will be
distributed to preclude ingestion by humans. The facility operating plan
describes the measures to be taken to safeguard against possible health hazards
from cadmium entering the food chain, which may result from alternative land
uses.
(iv) Future property owners
are notified by a stipulation in the land record or property deed which states
that the property has received waste at high cadmium application rates and that
food chain crops must not be grown except in compliance with paragraph (c)(2)
of this section.
[Comment: As required by § 265.73, if an owner or operator grows food chain crops on his land treatment facility, he must place the information developed in this section in the operating record of the facility.]
§ 265.277
[Reserved]
§ 265.278
Unsaturated zone (zone of aeration) monitoring
(a) The owner or operator must have in
writing, and must implement, an unsaturated zone monitoring plan which is
designed to:
(1) Detect the vertical
migration of hazardous waste and hazardous waste constituents under the active
portion of the land treatment facility, and
(2) Provide information on the background
concentrations of the hazardous waste and hazardous waste constituents in
similar but untreated soils nearby; this background monitoring must be
conducted before or in conjunction with the monitoring required under paragraph
(a)(1) of this section.
(b) The unsaturated zone monitoring plan must
include, at a minimum:
(1) Soil monitoring
using soil cores, and
(2) Soil-pore
water monitoring using devices such as lysimeters.
(c) To comply with paragraph (a)(1) of this
section, the owner or operator must demonstrate in his unsaturated zone
monitoring plan that:
(1) The depth at which
soil and soil-pore water samples are to be taken is below the depth to which
the waste is incorporated into the soil;
(2) The number of soil and soil-pore water
samples to be taken is based on the variability of:
(i) The hazardous waste constituents (as
identified in § 265.273(a) and (b)) in the waste and in the soil;
and
(ii) The soil type(s);
and
(3) The frequency and
timing of soil and soil-pore water sampling is based on the frequency, time,
and rate of waste application, proximity to ground water, and soil
permeability.
(d) The
owner or operator must keep at the facility his unsaturated zone monitoring
plan, and the rationale used in developing this plan.
(e) The owner or operator must analyze the
soil and soil-pore water samples for the hazardous waste constituents that were
found in the waste during the waste analysis under § 265.273 (a) and (b).
[Comment: As required by § 265.73, all data and information developed by the owner or operator under this section must be placed in the operating record of the facility.]
§ 265.279
Recordkeeping
The owner or operator must include hazardous waste application dates and rates in the operating record required under § 265.73.
§ 265.280
Closure and
post-closure
(a) In the closure plan
under § 265.112 and the post-closure plan under § 265.118, the owner
or operator must address the following objectives and indicate how they will be
achieved:
(1) Control of the migration of
hazardous waste and hazardous waste constituents from the treated area into the
ground water;
(2) Control of the
release of contaminated run-off from the facility into surface water;
(3) Control of the release of airborne
particulate contaminants caused by wind erosion; and
(4) Compliance with § 265.276 concerning
the growth of food-chain crops.
(b) The owner or operator must consider at
least the following factors in addressing the closure and post-closure care
objectives of paragraph (a) of this section:
(1) Type and amount of hazardous waste and
hazardous waste constituents applied to the land treatment facility;
(2) The mobility and the expected rate of
migration of the hazardous waste and hazardous waste constituents;
(3) Site location, topography, and
surrounding land use, with respect to the potential effects of pollutant
migration (e.g., proximity to ground water, surface water and drinking water
sources);
(4) Climate, including
amount, frequency, and pH of precipitation;
(5) Geological and soil profiles and surface
and subsurface hydrology of the site, and soil characteristics, including
cation exchange capacity, total organic carbon, and pH;
(6) Unsaturated zone monitoring information
obtained under § 265.278; and
(7) Type, concentration, and depth of
migration of hazardous waste constituents in the soil as compared to their
background concentrations.
(c) The owner or operator must consider at
least the following methods in addressing the closure and post-closure care
objectives of paragraph (a) of this section:
(1) Removal of contaminated soils;
(2) Placement of a final cover, considering:
(i) Functions of the cover (e.g.,
infiltration control, erosion and run-off control, and wind erosion control);
and
(ii) Characteristics of the
cover, including material, final surface contours, thickness, porosity and
permeability, slope, length of run of slope, and type of vegetation on the
cover; and
(3) Monitoring
of ground water.
(d) In
addition to the requirements of Subsection G of this Section, during the
closure period the owner or operator of a land treatment facility must:
(1) Continue unsaturated zone monitoring in a
manner and frequency specified in the closure plan, except that soil pore
liquid monitoring may be terminated 90 days after the last application of waste
to the treatment zone;
(2) Maintain
the run-on control system required under § 265.272(b);
(3) Maintain the run-off management system
required under § 265.272(c); and
(4) Control wind dispersal of particulate
matter which may be subject to wind dispersal.
(e) For the purpose of complying with §
265.115, when closure is completed the owner or operator may submit to the
Director certification both by the owner or operator and by an independent
qualified soil scientist, in lieu of an independent qualified
Arkansas-registered professional engineer, that the facility has been closed in
accordance with the specifications in the approved closure plan.
(f) In addition to the requirements of §
265.117, during the post-closure care period the owner or operator of a land
treatment unit must:
(1) Continue soil-core
monitoring by collecting and analyzing samples in a manner and frequency
specified in the post-closure plan;
(2) Restrict access to the unit as
appropriate for its post-closure use;
(3) Assure that growth of food chain crops
complies with § 265.276; and
(4) Control wind dispersal of hazardous
waste.
§
265.281
Special requirements for ignitable or reactive
waste
The owner or operator must not apply ignitable or reactive waste to the treatment zone unless the waste and treatment zone meet all applicable requirements of Section 268, and:
(a) The waste is immediately incorporated
into the soil so that:
(1) The resulting
waste, mixture, or dissolution of material no longer meets the definition of
ignitable or reactive waste under § 261.21 or § 261.23 of this rule;
and
(2) Section 264.17(b) is
complied with; or
(b) The
waste is managed in such a way that it is protected from any material or
conditions which may cause it to ignite or react.
§ 265.282
Special requirements for
incompatible wastes
Incompatible wastes, or incompatible wastes and materials (see Appendix V for examples), must not be placed in the same land treatment area, unless § 265.17(b) is complied with.
Subsection N
-- Landfills
§ 265.300
Applicability
The rules in this Subsection apply to owners and operators of facilities that dispose of hazardous waste in landfills, except as § 265.1 provides otherwise. A waste pile used as a disposal facility is a landfill and is governed by this Subsection.
§
265.301
Design and operating requirements
(a) The owner or operator of each new
landfill unit, each lateral expansion of a landfill unit, and each replacement
of an existing landfill unit must install two or more liners and a leachate
collection and removal system above and between such liners, and operate the
leachate collection and removal systems, in accordance with § 264.301(c),
unless exempted under § 264.301(d), (e), or (f) of this rule.
(b) The owner or operator of each unit
referred to in paragraph (a) of this section must notify the Director at least
sixty days prior to receiving waste. The owner or operator of each facility
submitting notice must file a Part B application within six months of the
receipt of such notice.
(c) The
owner or operator of any replacement landfill unit is exempt from paragraph (a)
of this section if:
(1) The existing unit was
constructed in compliance with the design standards of section 3004(o)(1)(A)(i)
and (o)(5) of the Resource Conservation and Recovery Act; and
(2) There is no reason to believe that the
liner is not functioning as designed.
(d) The double liner requirement set forth in
paragraph (a) of this section may be waived by the Director for any monofill,
if:
(1) The monofill contains only hazardous
wastes from foundry furnace emission controls or metal casting molding sand,
and such wastes do not contain constituents which would render the wastes
hazardous for reasons other than the toxicity characteristic in § 261.24
of this rule, with EPA Hazardous Waste Numbers D004 through D017; and
(2)
(i)
(A) The monofill has at least one liner for
which there is no evidence that such liner is leaking;
(B) The monofill is located more than
one-quarter mile from an "underground source of drinking water" (as that term
is defined in § 270.2 of this rule); and
(C) The monofill is in compliance with
generally applicable ground-water monitoring requirements for facilities with
permits under RCRA section 3005(c); or
(ii) The owner or operator demonstrates that
the monofill is located, designed and operated so as to assure that there will
be no migration of any hazardous constituent into ground water or surface water
at any future time.
(e) In the case of any unit in which the
liner and leachate collection system has been installed pursuant to the
requirements of paragraph (a) of this section and in good faith compliance with
paragraph (a) of this section and with guidance documents governing liners and
leachate collection systems under paragraph (a) of this section, no liner or
leachate collection system which is different from that which was so installed
pursuant to paragraph (a) of this section will be required for such unit by the
Director when issuing the first permit to such facility, except that the
Director will not be precluded from requiring installation of a new liner when
the Director has reason to believe that any liner installed pursuant to the
requirements of paragraph (a) of this section is leaking.
(f) The owner or operator must design,
construct, operate, and maintain a run-on control system capable of preventing
flow onto the active portion of the landfill during peak discharge from at
least a 25-year storm.
(g) The
owner or operator must design, construct, operate and maintain a run-off
management system to collect and control at least the water volume resulting
from a 24-hour, 25-year storm.
(h)
Collection and holding facilities (e.g., tanks or basins) associated with
run-on and run-off control systems must be emptied or otherwise managed
expeditiously after storms to maintain design capacity of the system.
(i) The owner or operator of a landfill
containing hazardous waste which is subject to dispersal by wind must cover or
otherwise manage the landfill so that wind dispersal of the hazardous waste is
controlled.
§
265.302
Action Leakage rate
(a) The owner or operator of landfill units
subject to § 265.301(a) must submit a proposed action leakage rate to the
Director when submitting the notice required under § 265.301(b). Within 60
days of receipt of the notification, the Director will: Establish an action
leakage rate, either as proposed by the owner or operator or modified using the
criteria in this section; or extend the review period for up to 30 days. If no
action is taken by the Director before the original 60 or extended 90 day
review periods, the action leakage rate will be approved as proposed by the
owner or operator.
(b) The Director
shall approve an action leakage rate for landfill units subject to §
265.301(a). The action leakage rate is the maximum design flow rate that the
leak detection system (LDS) can remove without the fluid head on the bottom
liner exceeding 1 foot. The action leakage rate must include an adequate safety
margin to allow for uncertainties in the design (e.g., slope, hydraulic
conductivity, thickness of drainage material), construction, operation, and
location of the LDS, waste and leachate characteristics, likelihood and amounts
of other sources of liquids in the LDS, and proposed response actions (e.g.,
the action leakage rate must consider decreases in the flow capacity of the
system over time resulting from siltation and clogging, rib layover and creep
of synthetic components of the system, overburden pressures, etc.).
(c) To determine if the action leakage rate
has been exceeded, the owner or operator must convert the weekly or monthly
flow rate from the monitoring data obtained under § 265.304 to an average
daily flow rate (gallons per acre per day) for each sump. Unless the Director
approves a different calculation, the average daily flow rate for each sump
must be calculated weekly during the active life and closure period, and
monthly during the post-closure care period when monthly monitoring is required
under § 265.304(b).
[Comment: As required by § 265.13, the waste analysis plan must include analyses needed to comply with §§ 265.312, 265.313, and 265.314. As required by § 265.73, the owner or operator must place the results of these analyses in the operating record of the facility.]
§
265.303
Response actions
(a) The owner or operator of landfill units
subject to § 265.301(a) must develop and keep on site until closure of the
facility a response action plan. The response action plan must set forth the
actions to be taken if the action leakage rate has been exceeded. At a minimum,
the response action plan must describe the actions specified in paragraph (b)
of this section.
(b) If the flow
rate into the leak detection system exceeds the action leakage rate for any
sump, the owner or operator must:
(1) Notify
the Director in writing of the exceedance within 7 days of the
determination;
(2) Submit a
preliminary written assessment to the Director within 14 days of the
determination, as to the amount of liquids, likely sources of liquids, possible
location, size, and cause of any leaks, and short-term actions taken and
planned;
(3) Determine to the
extent practicable the location, size, and cause of any leak;
(4) Determine whether waste receipt should
cease or be curtailed, whether any waste should be removed from the unit for
inspection, repairs, or controls, and whether or not the unit should be
closed;
(5) Determine any other
short-term and longer-term actions to be taken to mitigate or stop any leaks;
and
(6) Within 30 days after the
notification that the action leakage rate has been exceeded, submit to the
Director the results of the analyses specified in paragraphs (b)(3), (4), and
(5) of this section, the results of actions taken, and actions planned. Monthly
thereafter, as long as the flow rate in the leak detection system exceeds the
action leakage rate, the owner or operator must submit to the Director a report
summarizing the results of any remedial actions taken and actions
planned.
(c) To make the
leak and/or remediation determinations in paragraphs (b)(3), (4), and (5) of
this section, the owner or operator must:
(1)
(i) Assess the source of liquids and amounts
of liquids by source,
(ii) Conduct
a fingerprint, hazardous constituent, or other analyses of the liquids in the
leak detection system to identify the source of liquids and possible location
of any leaks, and the hazard and mobility of the liquid; and
(iii) Assess the seriousness of any leaks in
terms of potential for escaping into the environment; or
(2) Document why such assessments are not
needed.
§
265.304
Monitoring and inspection
(a) An owner or operator required to have a
leak detection system under § 265.301(a) must record the amount of liquids
removed from each leak detection system sump at least once each week during the
active life and closure period.
(b)
After the final cover is installed, the amount of liquids removed from each
leak detection system sump must be recorded at least monthly. If the liquid
level in the sump stays below the pump operating level for two consecutive
months, the amount of liquids in the sumps must be recorded at least quarterly.
If the liquid level in the sump stays below the pump operating level for two
consecutive quarters, the amount of liquids in the sumps must be recorded at
least semi-annually. If at any time during the post-closure care period the
pump operating level is exceeded at units on quarterly or semi-annual recording
schedules, the owner or operator must return to monthly recording of amounts of
liquids removed from each sump until the liquid level again stays below the
pump operating level for two consecutive months.
(c) "Pump operating level" is a liquid level
proposed by the owner or operator and approved by the Director based on pump
activation level, sump dimensions, and level that avoids backup into the
drainage layer and minimizes head in the sump. The timing for submission and
approval of the proposed "pump operating level" will be in accordance with
§ 265.302(a).
§§ 265.305
- 265.308
[Reserved]
§ 265.309
Surveying and
recordkeeping
The owner or operator of a landfill must maintain the following items in the operating record required in § 265.73:
(a) On a map, the exact location and
dimensions, including depth, of each cell with respect to permanently surveyed
benchmarks; and
(b) The contents of
each cell and the approximate location of each hazardous waste type within each
cell.
§ 265.310
Closure and post-closure care
(a) At final closure of the landfill or upon
closure of any cell, the owner or operator must cover the landfill or cell with
a final cover designed and constructed to:
(1) Provide long-term minimization of
migration of liquids through the closed landfill;
(2) Function with minimum
maintenance;
(3) Promote drainage
and minimize erosion or abrasion of the cover;
(4) Accommodate settling and subsidence so
that the cover's integrity is maintained; and
(5) Have a permeability less than or equal to
the permeability of any bottom liner system or natural subsoils
present.
(b) After final
closure, the owner or operator must comply with all post-closure requirements
contained in §§ 265.117 through 265.120 including maintenance and
monitoring throughout the post-closure care period. The owner or operator must:
(1) Maintain the integrity and effectiveness
of the final cover, including making repairs to the cover as necessary to
correct the effects of settling, subsidence, erosion, or other
events;
(2) Maintain and monitor
the leak detection system in accordance with §§ 264.301(c)(3)(iv) and
(4) of this rule and 265.304(b), and comply with all other applicable leak
detection system requirements of this Section;
(3) Maintain and monitor the ground-water
monitoring system and comply with all other applicable requirements of
Subsection F of this Section;
(4)
Prevent run-on and run-off from eroding or otherwise damaging the final cover;
and
(5) Protect and maintain
surveyed benchmarks used in complying with § 265.309.
§ 265.311
[Reserved]
§ 265.312
Special requirements for ignitable or reactive waste
(a) Except as provided in paragraph (b) of
this section, and in § 265.316, ignitable or reactive waste must not be
placed in a landfill, unless the waste and landfill meets all applicable
requirements of 40 CFR part 268 and Section 268 of this rule, and:
(1) The resulting waste, mixture, or
dissolution of material no longer meets the definition of ignitable or reactive
waste under § 261.21 or § 261.23 of this rule; and
(2) Section 265.17(b) is complied
with.
(b)
[Reserved]
§ 265.313
Special requirements for incompatible wastes
Incompatible wastes, or incompatible wastes and materials, (see Appendix V for examples) must not be placed in the same landfill cell, unless § 265.17(b) is complied with.
§
265.314
Special requirements for bulk and containerized
liquids
(a) The placement of bulk or
non-containerized liquid hazardous waste or hazardous waste containing free
liquids (whether or not sorbents have been added) in any landfill is
prohibited.
(b) Containers holding
free liquids must not be placed in a landfill unless:
(1) All free-standing liquid,
(i) has been removed by decanting, or other
methods,
(ii) has been mixed with
sorbent or solidified so that free-standing liquid is no longer observed;
or
(iii) had been otherwise
eliminated; or
(2) The
container is very small, such as an ampule; or
(3) The container is designed to hold free
liquids for use other than storage, such as a battery or capacitor;
or
(4) The container is a lab pack
as defined in § 265.316 and is disposed of in accordance with §
265.316.
(c) To
demonstrate the absence or presence of free liquids in either a containerized
or a bulk waste, the following test must be used: Method 9095B (Paint Filter
Liquids Test) as described in "Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,'' EPA Publication SW- 846, as incorporated by
reference in § 260.11 of this rule.
(d) The date for compliance with paragraph
(a) of this section is November 19, 1981. The date for compliance with
paragraph (c) of this section is March 22, 1982.
(e) Sorbents used to treat free liquids to be
disposed of in landfills must be nonbiodegradable. Nonbiodegradable sorbents
are: materials listed or described in paragraph (e)(1) of this section;
materials that pass one of the tests in paragraph (e)(2) of this section; or
materials that are determined by EPA to be nonbiodegradable through the 40 CFR
Part 260 petition process.
(1)
Nonbiodegradable sorbents.
(i) Inorganic
minerals, other inorganic materials, and elemental carbon (e.g.,
aluminosilicates, clays, smectites, Fuller's earth, bentonite, calcium
bentonite, montmorillonite, calcined montmorillonite, kaolinite, micas
(illite), vermiculites, zeolites; calcium carbonate (organic free limestone);
oxides/hydroxides, alumina, lime, silica (sand), diatomaceous earth; perlite
(volcanic glass); expanded volcanic rock; volcanic ash; cement kiln dust; fly
ash; rice hull ash; activated charcoal/ activated carbon); or
(ii) High molecular weight synthetic polymers
(e.g., polyethylene, high density polyethylene (HDPE), polypropylene,
polystyrene, polyurethane, polyacrylate, polynorborene, polyisobutylene, ground
synthetic rubber, cross-linked allylstyrene and tertiary butyl copolymers).
This does not include polymers derived from biological material or polymers
specifically designed to be degradable; or
(iii) Mixtures of these nonbiodegradable
materials.
(2) Tests for
nonbiodegradable sorbents.
(i) The sorbent
material is determined to be nonbiodegradable under ASTM Method G21-70
(1984a)-Standard Practice for Determining Resistance of Synthetic Polymer
Materials to Fungi; or
(ii) The
sorbent material is determined to be nonbiodegradable under ASTM Method G22-76
(1984b)-Standard Practice for Determining Resistance of Plastics to Bacteria;
or
(iii) The sorbent material is
determined to be non-biodegradable under OECD test 301B: [CO2 Evolution
(Modified Sturm Test)].
(f) The placement of any liquid which is not
a hazardous waste in a landfill is prohibited unless the owner or operator of
such landfill demonstrates to the Director, or the Drector determines that:
(1) The only reasonably available alternative
to the placement in such landfill is placement in a landfill or unlined surface
impoundment, whether or not permitted or operating under interim status, which
contains, or may reasonably be anticipated to contain, hazardous waste;
and
(2) Placement in such owner or
operator's landfill will not present a risk of contamination of any
''underground source of drinking water'' (as that term is defined in §
270.2 of this rule).
§
265.315
Special requirements for containers
Unless they are very small, such as an ampule, containers must be either:
(a) At least 90 percent
full when placed in the landfill; or
(b) Crushed, shredded, or similarly reduced
in volume to the maximum practical extent before burial in the
landfill.
§ 265.316
Disposal of small containers of hazardous waste in overpacked drums ("lab
packs")
Small containers of hazardous waste in overpacked drums (lab packs) may be placed in a landfill if the following requirements are met:
(a) Hazardous waste must be
packaged in non-leaking inside containers. The inside containers must be of a
design and constructed of a material that will not react dangerously with, be
decomposed by, or be ignited by the waste held therein. Inside containers must
be tightly and securely sealed. The inside containers must be of the size and
type specified in the Department of Transportation (DOT) hazardous materials
regulations (49 CFR parts 173, 178 and 179), if those regulations specify a
particular inside container for the waste.
(b) The inside containers must be overpacked
in an open head DOT-specification metal shipping container (49 CFR parts 178
and 179) of no more than 416-liter (110 gallon) capacity and surrounded by, at
a minimum, a sufficient quantity of sorbent material, determined to be
nonbiodegradable in accordance with §265.314(e) of this rule, to
completely sorb all of the liquid contents of the inside containers. The metal
outer container must be full after packing with inside containers and sorbent
material.
(c) The sorbent material
used must not be capable of reacting dangerously with, being decomposed by, or
being ignited by the contents of the inside containers, in accordance with
§ 265.17(b).
(d) Incompatible
wastes, as defined in § 260.10 of this rule, must not be placed in the
same outside container.
(e)
Reactive waste, other than cyanide- or sulfide-bearing waste as defined in
§ 261.23(a)(5) of this rule, must be treated or rendered non-reactive
prior to packaging in accordance with paragraphs (a) through (d) of this
section. Cyanide- and sulfide-bearing reactive waste may be packaged in
accordance with paragraphs (a) through (d) of this section without first being
treated or rendered non-reactive.
(f) Such disposal is in compliance with the
requirements of Section 268. Persons who incinerate lab packs according to the
requirements in § 268.42(c)(1) of this rule may use fiber drums in place
of metal outer containers. Such fiber drums must meet the DOT specifications in
49 CFR
173.12 and be overpacked according to the
requirements in paragraph (b) of this section.
Subsection O
-- Incinerators
§ 265.340
Applicability
(a) The rules of this Subsection apply to
owners and operators of hazardous waste incinerators (as defined in §
260.10 of this rules), except as § 265.1 provides otherwise.
(b) Integration of the MACT standards:
(1) Except as provided by paragraphs (b)(2)
and (b)(3) of this subsection, the standards of this section no longer apply
when an owner or operator demonstrates compliance with the maximum achievable
control technology (MACT) requirements of 40 CFR Part 63, Subpart EEE, by
conducting a comprehensive performance test and submitting to the Administrator
a Notification of Compliance under
40 CFR
63.1207(j) and
63.1210(d)
documenting compliance with the requirements of 40 CFR Part 63, Subpart
EEE.
(2) The MACT standards do not
replace the closure requirements of § 264.351 of this rule or the
applicable requirements of subparts A through H, BB and CC of this
section.
(3) Section 265.345
generally prohibiting burning of hazardous waste during startup and shutdown
remains in effect if you elect to comply with § 270.235(b)(1)(i) of this
rule to minimize emissions of toxic compounds from startup and
shutdown.
(c) Owners and
operators of incinerators burning hazardous waste are exempt from all of the
requirements of this Subsection, except § 265.351 (Closure), provided that
the owner or operator has documented, in writing, that the waste would not
reasonably be expected to contain any of the hazardous constituents listed in
Section 261, appendix VIII, of this rule, and such documentation is retained at
the facility, if the waste to be burned is:
(1) Listed as a hazardous waste in Section
261, Subsection D, of this rule solely because it is ignitable (Hazard Code I),
corrosive (Hazard Code C), or both; or
(2) Listed as a hazardous waste in Section
261, Subsection D, of this rule solely because it is reactive (Hazard Code R)
for characteristics other than those listed in § 261.23(a) (4) and (5),
and will not be burned when other hazardous wastes are present in the
combustion zone; or
(3) A hazardous
waste solely because it possesses the characteristic of ignitability,
corrosivity, or both, as determined by the tests for characteristics of
hazardous wastes under Section 261, Subsection C, of this rule; or
(4) A hazardous waste solely because it
possesses the reactivity characteristics described by § 261.23(a) (1),
(2), (3), (6), (7), or (8) of this rule, and will not be burned when other
hazardous wastes are present in the combustion zone.
§ 265.341
Waste
analysis
In addition to the waste analyses required by § 265.13, the owner or operator must sufficiently analyze any waste which he has not previously burned in his incinerator to enable him to establish steady state (normal) operating conditions (including waste and auxiliary fuel feed and air flow) and to determine the type of pollutants which might be emitted. At a minimum, the analysis must determine:
(a) Heating value of the waste;
(b) Halogen content and sulfur content in the
waste; and
(c) Concentrations in
the waste of lead and mercury, unless the owner or operator has written,
documented data that show that the element is not present.
[Comment: As required by § 265.73, the owner or operator must place the results from each waste analysis, or the documented information, in the operating record of the facility.]
§§ 265.342 - 265.344
[Reserved]
§
265.345
General operating requirements
During start-up and shut-down of an incinerator, the owner or operator must not feed hazardous waste unless the incinerator is at steady state (normal) conditions of operation, including steady state operating temperature and air flow.
§
265.346
[Reserved]
§ 265.347
Monitoring and
inspections
The owner or operator must conduct, as a minimum, the following monitoring and inspections when incinerating hazardous waste:
(a) Existing instruments which relate to
combustion and emission control must be monitored at least every 15 minutes.
Appropriate corrections to maintain steady state combustion conditions must be
made immediately either automatically or by the operator. Instruments which
relate to combustion and emission control would normally include those
measuring waste feed, auxiliary fuel feed, air flow, incinerator temperature,
scrubber flow, scrubber pH, and relevant level controls.
(b) The complete incinerator and associated
equipment (pumps, valves, conveyors, pipes, etc.) must be inspected at least
daily for leaks, spills, and fugitive emissions, and all emergency shutdown
controls and system alarms must be checked to assure proper
operation.
§§ 265.348 -
265.350
[Reserved]
§ 265.351
Closure
At closure, the owner or operator must remove all hazardous waste and hazardous waste residues (including but not limited to ash, scrubber waters, and scrubber sludges) from the incinerator.[
[Comment: At closure, as throughout the operating period, unless the owner or operator can demonstrate, in accordance with § 261.3(d) of this rule, that the residue removed from his incinerator is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and must manage it in accordance with all applicable requirements of parts 262 through 266 of this rule.]
§
265.352
Interim status incinerators burning particular
hazardous wastes
(a) Owners or
operators of incinerators subject to this Subsection may burn EPA Hazardous
Wastes F020, F021, F022, F023, F026, or F027 if they receive a certification
from the Director that they can meet the performance standards of Subsection O
of Section 264 when they burn these wastes.
(b) The following standards and procedures
will be used in determining whether to certify an incinerator:
(1) The owner or operator will submit an
application to the Director containing applicable information in §§
270.19 and 270.62 demonstrating that the incinerator can meet the performance
standards in Subsection O of Section 264 when they burn these wastes.
(2) The Director will issue a tentative
decision as to whether the incinerator can meet the performance standards in
Subsection O of Section 264. Notification of this tentative decision will be
provided by newspaper advertisement and radio broadcast in the jurisdiction
where the incinerator is located. The Director will accept comment on the
tentative decision for 60 days. The Director also may hold a public hearing
upon request or at his discretion.
(3) After the close of the public comment
period, the Director will issue a decision whether or not to certify the
incinerator.
§§
265.353 - 265.369
[Reserved
Subsection Q
-- Chemical, Physical, and
Biological Treatment
§ 265.400
Applicability
The rule in this Subsection apply to owners and operators of facilities which treat hazardous wastes by chemical, physical, or biological methods in other than tanks, surface impoundments, and land treatment facilities, except as § 265.1 provides otherwise. Chemical, physical, and biological treatment of hazardous waste in tanks, surface impoundments, and land treatment facilities must be conducted in accordance with Subsections J, K, and M, respectively.
§
265.401
General operating requirements
(a) Chemical, physical, or biological
treatment of hazardous waste must comply with § 265.17(b).
(b) Hazardous wastes or treatment reagents
must not be placed in the treatment process or equipment if they could cause
the treatment process or equipment to rupture, leak, corrode, or otherwise fail
before the end of its intended life.
(c) Where hazardous waste is continuously fed
into a treatment process or equipment, the process or equipment must be
equipped with a means to stop this inflow (e.g., a waste feed cut-off system or
by-pass system to a standby containment device).
[Comment: These systems are intended to be used in the event of a malfunction in the treatment process or equipment.]
§ 265.402
Waste
analysis and trial tests
(a) In
addition to the waste analysis required by § 265.13, whenever:
(1) A hazardous waste which is substantially
different from waste previously treated in a treatment process or equipment at
the facility is to be treated in that process or equipment, or
(2) A substantially different process than
any previously used at the facility is to be used to chemically treat hazardous
waste; the owner or operator must, before treating the different waste or using
the different process or equipment:
1)
Conduct waste analyses and trial treatment tests (e.g., bench scale or pilot
plant scale tests); or
2) Obtain
written, documented information on similar treatment of similar waste under
similar operating conditions; to show that this proposed treatment will meet
all applicable requirements of § 265.401 (a) and (b).
[Comment: As required by § 265.13, the waste analysis plan must include analyses needed to comply with §§ 265.405 and 265.406. As required by § 265.73, the owner or operator must place the results from each waste analysis and trial test, or the documented information, in the operating record of the facility.]
§ 265.403
Inspections
(a) The owner or operator
of a treatment facility must inspect, where present:
(1) Discharge control and safety equipment
(e.g., waste feed cut-off systems, by-pass systems, drainage systems, and
pressure relief systems) at least once each operating day, to ensure that it is
in good working order;
(2) Data
gathered from monitoring equipment (e.g., pressure and temperature gauges), at
least once each operating day, to ensure that the treatment process or
equipment is being operated according to its design;
(3) The construction materials of the
treatment process or equipment, at least weekly, to detect corrosion or leaking
of fixtures or seams; and
(4) The
construction materials of, and the area immediately surrounding, discharge
confinement structures (e.g., dikes), at least weekly, to detect erosion or
obvious signs of leakage (e.g., wet spots or dead vegetation).
[Comment: As required by § 265.15(c), the owner or operator must remedy any deterioration or malfunction he finds.]
§
265.404
Closure
At closure, all hazardous waste and hazardous waste residues must be removed from treatment processes or equipment, discharge control equipment, and discharge confinement structures.
[Comment: At closure, as throughout the operating period, unless the owner or operator can demonstrate, in accordance with § 261.3 (c) or (d) of this rule, that any solid waste removed from his treatment process or equipment is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and must manage it in accordance with all applicable requirements of Sections 262, 263, and 265 of this rule.]
§ 265.405
Special requirements for ignitable or reactive waste
(a) Ignitable or reactive waste must not be
placed in a treatment process or equipment unless:
(1) The waste is treated, rendered, or mixed
before or immediately after placement in the treatment process or equipment so
that
(i) the resulting waste, mixture, or
dissolution of material no longer meets the definition of ignitable or reactive
waste under § 261.21 or 261.23 or this rule, and
(ii)
§ 265.17(b) is complied with;
or
(2) The waste is
treated in such a way that it is protected from any material or conditions
which may cause the waste to ignite or react.
§ 265.406
Special requirements for
incompatible wastes
(a) Incompatible
wastes, or incompatible wastes and materials, (see Appendix V for examples)
must not be placed in the same treatment process or equipment, unless §
265.17(b) is complied with.
(b)
Hazardous waste must not be placed in unwashed treatment equipment which
previously held an incompatible waste or material, unless § 265.17(b) is
complied with.
Subsection
P
-- Thermal Treatment
§
265.370
Other thermal treatment
The rule in this Subsection apply to owners or operators of facilities that thermally treat hazardous waste in devices other than enclosed devices using controlled flame combustion, except as § 265.1 provides otherwise. Thermal treatment in enclosed devices using controlled flame combustion is subject to the requirements of Subsection O if the unit is an incinerator, and Subsection H of Section 266, if the unit is a boiler or an industrial furnace as defined in § 260.10.
§§ 265.371 - 265.372
[Reserved]
§ 265.373
General operating requirements
Before adding hazardous waste, the owner or operator must bring his thermal treatment process to steady state (normal) conditions of operation - including steady state operating temperature - using auxiliary fuel or other means, unless the process is a non-continuous (batch) thermal treatment process which requires a complete thermal cycle to treat a discrete quantity of hazardous waste.
§
265.374
[Reserved]
§ 265.375
Waste analysis
In addition to the waste analyses required by § 265.13, the owner or operator must sufficiently analyze any waste which he has not previously treated in his thermal process to enable him to establish steady state (normal) or other appropriate (for a non-continuous process) operating conditions (including waste and auxiliary fuel feed) and to determine the type of pollutants which might be emitted. At a minimum, the analysis must determine:
(a) Heating value of the
waste;
(b) Halogen content and
sulfur content in the waste; and
(c) Concentrations in the waste of lead and
mercury, unless the owner or operator has written, documented data that show
that the element is not present.
[Comment: As required by § 265.73, the owner or operator must place the results from each waste analysis, or the documented information, in the operating record of the facility.]
§ 265.376
[Reserved]
§ 265.377
Monitoring and inspections
(a)
The owner or operator must conduct, as a minimum, the following monitoring and
inspections when thermally treating hazardous waste:
(1) Existing instruments which relate to
temperature and emission control (if an emission control device is present)
must be monitored at least every 15 minutes. Appropriate corrections to
maintain steady state or other appropriate thermal treatment conditions must be
made immediately either automatically or by the operator. Instruments which
relate to temperature and emission control would normally include those
measuring waste feed, auxiliary fuel feed, treatment process temperature, and
relevant process flow and level controls.
(2) The stack plume (emissions), where
present, must be observed visually at least hourly for normal appearance (color
and opacity). The operator must immediately make any indicated operating
corrections necessary to return any visible emissions to their normal
appearance.
(3) The complete
thermal treatment process and associated equipment (pumps, valves, conveyors,
pipes, etc.) must be inspected at least daily for leaks, spills, and fugitive
emissions, and all emergency shutdown controls and system alarms must be
checked to assure proper operation.
§§ 265.378 - 265.380
[Reserved]
§ 265.381
Closure
At closure, the owner or operator must remove all hazardous waste and hazardous waste residues (including, but not limited to, ash) from the thermal treatment process or equipment.
[Comment: At closure, as throughout the operating period, unless the owner or operator can demonstrate, in accordance with § 261.3(c) or (d) of this rule, that any solid waste removed from his thermal treatment process or equipment is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and must manage it in accordance with all applicable requirements of parts 262, 263, and 265 of this rule.]
§ 265.382
Open burning; waste explosives
Open burning of hazardous waste is prohibited except for the open burning and detonation of waste explosives. Waste explosives include waste which has the potential to detonate and bulk military propellants which cannot safely be disposed of through other modes of treatment. Detonation is an explosion in which chemical transformation passes through the material faster than the speed of sound (0.33 kilometers/second at sea level). Owners or operators choosing to open burn or detonate waste explosives must do so in accordance with the following table and in a manner that does not threaten human health or the environment.
|
Pounds of waste explosives |
Minimum distance from open burning or propellants or detonation to the property of others |
|
0 to 100 |
204 meters (670 feet). |
|
101 to 1,000 380 m |
eters (1,250 feet). |
|
1,001 to 10,000 |
530 meters (1,730 feet). |
|
10,001 to 30,000 |
690 meters (2,260 feet). |
The open burning or the open detonation of hazardous wastes on unprotected ground surfaces is prohibited. Open burning or open detonation of wastes must be conducted in or on a containment device elevated above ground level. The containment device must be sufficiently impermeable so as to prevent the leaching or migration of waste residues into the soil beneath or around the containment device. The design shall be such that protection against stormwater or other run-on or run-off is provided. Open burning of hazardous wastes shall not be allowed when alternate technologies are available and feasible. Applicants for a permit for open burning or open detonation of hazardous wastes shall be required to demonstrate that no reasonable alternative to open burning or detonation exists prior to the approval of such a permit.
§
265.383
Interim status thermal treatment devices burning
particular hazardous waste
(a) Owners
or operators of thermal treatment devices subject to this Subsection may burn
EPA Hazardous Wastes F020, F021, F022, F023, F026, or F027 if they receive a
certification from the Director that they can meet the performance standards of
Subsection O of Section 264when they burn these wastes.
(b) The following standards and procedures
will be used in determining whether to certify a thermal treatment unit:
(1) The owner or operator will submit an
application to the Director containing the applicable information in
§§ 270.19 and 270.62 demonstrating that the thermal treatment unit
can meet the performance standard in Subsection O of Section 264 when they burn
these wastes.
(2) The Director will
issue a tentative decision as to whether the thermal treatment unit can meet
the performance standards in Subsection O of Section 264. Notification of this
tentative decision will be provided by newspaper advertisement and radio
broadcast in the jurisdiction where the thermal treatment device is located.
The Director will accept comment on the tentative decision for 60 days. The
Director also may hold a public hearing upon request or at his
discretion.
(3) After the close of
the public comment period, the Director will issue a decision whether or not to
certify the thermal treatment unit.
Subsection R
-- Underground
Injection
§ 265.430
Applicability
Except as § 265.1 provides otherwise:
(a) The owner or operator of a facility which
disposes of hazardous waste by underground injection is excluded from the
requirements of Subsections G and H of this Section.
(b) The requirements of this Subsection apply
to owners and operators of wells used to dispose of hazardous waste which are
classified as Class I under
40 CFR
144.6(a) of this rule and
which are classified as Class IV under
40 CFR
144.6(d).
[Comment: In addition to the requirements of Subsections A through E of this Section, the owner or operator of a facility which disposes of hazardous waste by underground injection ultimately must comply with the requirements of §§ 265.431 through 265.437. These sections are reserved at this time. EPA and Division will propose rules that would establish those requirements.]
Subsections S-V
[Reserved]
Subsection W
-- Drip Pads
§ 265.440
Applicability
(a) The
requirements of this Subsection apply to owners and operators of facilities
that use new or existing drip pads to convey treated wood drippage,
precipitation, and/or surface water run-off to an associated collection system
. Existing drip pads are those constructed before December 6, 1990, and those
for which the owner or operator has final design and has entered into binding
financial or other agreements for construction prior to December 6, 1990. All
other drip pads are new drip pads. The requirement at § 265.443(b)(3) to
install a leak collection system applies only to those drip pads that are
constructed after December 24, 1992, except for those constructed after
December 24, 1992 for which the owner or operator has a final design and has
entered into binding financial or other agreements for construction prior to
December 24, 1992.
(b) The owner or
operator of any drip pad that is inside or under a structure that provides
protection from precipitation so that neither run-off nor run-on is generated
is not subject to regulation under § 265.443(e) or § 265.443(f), as
appropriate.
(c) The requirements
of this subsection are not applicable to the management of infrequent and
incidental drippage in storage yards provided that:
(1) The owner or operator maintains and
complies with a written contingency plan that describes how the owner or
operator will respond immediately to the discharge of such infrequent and
incidental drippage. At a minimum, the contingency plan must describe how the
owner or operator will do the following:
(i)
Clean up the drippage;
(ii)
Document the cleanup of the drippage;
(iii) Retain documents regarding the cleanup
for a minimum of three years;
(iv)
Manage the contaminated media in a manner consistent with this Rule.
§ 265.441
Assessment of existing drip pad integrity
(a) For each existing drip pad as defined in
§ 265.440, the owner or operator must evaluate the drip pad and determine
that it meets all of the requirements of this Subsection, except the
requirements for liners and leak detection systems of § 265.443(b). No
later than the effective date of this rule, the owner or operator must obtain
and keep on file at the facility a written assessment of the drip pad, reviewed
and certified by an independent, qualified Arkansas-registered
professional engineer that attests to the results of the evaluation.
The assessment must be reviewed, updated and re-certified annually until all
upgrades, repairs, or modifications necessary to achieve compliance with all of
the standards of § 265.443 are complete. The evaluation must document the
extent to which the drip pad meets each of the design and operating standards
of § 265.443, except the standards for liners and leak detection systems,
specified in § 265.443(b).
(b)
For immediate protection of the environment, all existing drip pads
must have an impermeable (as specified at § 265.443(a)(4)(i)) coating or
cover in place not later than September 30, 1995. In addition, the
owner or operator must develop a written plan for upgrading, repairing, and
modifying of the drip pad to meet the requirements of § 265.443(b), and
submit the plan to the Director no later than 2 years before the date that all
repairs, upgrades, and modifications are complete. This written plan must
describe all changes to be made to the drip pad in sufficient detail to
document compliance with all the requirements of § 265.443. The plan must
be reviewed and certified by an independent qualified
Arkansas-registered professional engineer.
Note: A properly installed and maintained drip pad coating which is installed to meet the September 30, 1995 deadline should satisfy the eventual coating option of § 265.443(a)(4).
(c) Upon completion of all, repairs, and
modifications, the owner or operator must submit to the Director, the as-built
drawings for the drip pad together with a certification by an
independent, qualified Arkansas-registered professional engineer
attesting that the drip pad conforms to the drawings.
(d) If the drip pad is found to be leaking or
unfit for use, the owner or operator must comply with the provisions of §
265.443(m) of this Subsection or close the drip pad in accordance with §
265.445 of this Subsection.
§
265.442
Design and installation of new drip pads
Owners and operators of new drip pads must ensure that the pads are designed, installed, and operated in accordance with one of the following:
(a) All of the applicable
requirements of §§ 265.443 (except 264.443(a)(4)), 265.444 and
265.445 of this Subsection, or
(b)
All of the applicable requirements of §§ 265.443 (except 265.443(b)),
265.444 and 265.445 of this Subsection.
§ 265.443
Design and operating
requirements
(a) Drip pads must:
(1) Be constructed of non-earthen materials,
excluding wood and non-structurally supported asphalt;
(2) Be sloped to free-drain treated wood
drippage, rain and other waters, or solutions of drippage and water or other
wastes to the associated collection system;
(3) Have a curb or berm around the perimeter;
(4)
(i) Have a hydraulic conductivity of less
than or equal to 1x10-7 centimeters per second,
e.g., existing concrete drip pads must be sealed, coated, or covered with a surface material with a hydraulic conductivity of less than or equal to 1x10-7 centimeters per second such that the entire surface where drippage occurs or may run across is capable of containing all such drippage and mixtures of drippage and precipitation, materials, or other wastes while being routed to an associated collection system. This surface material must be maintained free of cracks and gaps that could adversely affect its hydraulic conductivity, and the material must be chemically compatible with the preservatives that contact the drip pad. The requirements of this provision apply to existing drip pads, and those drip pads for which the owner or operator elects to comply with § 265.442(b) instead of § 265.442(a). Penetrating sealants are not adequate to meet this coating or cover requirement.
(ii) The owner or operator must obtain and
keep on file at the facility a written assessment (§ 265.443) of the drip
pad, reviewed and certified by an independent, qualified,
Arkansas-registered professional engineer that attests to the results
of the evaluation. This assessment must be renewed, updated, and recertified
annually. The evaluation must document the extent to which the drip pad meets
the design and operating standards of this Subsection, except for paragraph
(b)of this section.
Note: The requirement that existing drip pads be impermeable, e.g., that drip pads be sealed, coated, or covered with an impermeable material was in the past administratively stayed. The stay remained in effect until October 30, 1992. All existing drip pads, regardless of age, must have an impermeable coating or cover in place by September 30, 1995.
(5) Be of sufficient
structural strength and thickness to prevent failure due to physical contact,
climatic conditions, the stress of installation, and the stress of daily
operations, e.g., variable and moving loads such as vehicle traffic, movement
of wood, etc.
Note: The Division will generally consider applicable standards established by professional organizations generally recognized by industry such as the American Concrete Institute (ACI) and the American Society of Testing Materials (ASTM) in judging the structural integrity requirement of this paragraph.
(b) If
an owner/operator elects to comply with 265.442(a) instead of 265.442(b), the
drip pad must have:
(1) A synthetic liner
installed below the drip pad that is designed, constructed, and installed to
prevent leakage from the drip pad into the adjacent subsurface soil or
groundwater or surface water at any time during the active life (including the
closure period) of the drip pad. The liner must be constructed of materials
that will prevent waste from being absorbed into the liner and prevent releases
into the adjacent subsurface soil or ground water or surface water during the
active life of the facility. The liner must be:
(i) Constructed of materials that have
appropriate chemical properties and sufficient strength and thickness to
prevent failure due to pressure gradients (including static head and external
hydrogeologic forces), physical contact with the waste or drip pad leakage to
which they are exposed, climatic conditions, the stress of installation, and
the stress of daily operation (including stresses from vehicular traffic on the
drip pad);
(ii) Placed upon a
foundation or base capable of providing support to the liner and resistance to
pressure gradients above and below the liner to prevent failure of the liner
due to settlement, compression or uplift; and
(iii) Installed to cover all surrounding
earth that could come in contact with the waste or leakage; and
(2) A leakage detection system
immediately above the liner that is designed, constructed, maintained and
operated to detect leakage from the drip pad. The leakage detection system must
be:
(i) Constructed of materials that are:
(A) Chemically resistant to the waste managed
in the drip pad and the leakage that might be generated; and
(B) Of sufficient strength and thickness to
prevent collapse under the pressures exerted by overlaying materials and by any
equipment used at the drip pad; and
(ii) Designed and operated to function
without clogging through the scheduled closure of the drip pad.
(iii) Designed so that it will detect the
failure of the drip pad or the presence of a release of hazardous waste or
accumulated liquid at the earliest practicable time.
(3) A leakage collection system immediately
above the liner that is designed, constructed, maintained, and operated to
collect leakage from the drip pad such that it can be removed from below the
drip pad. The date, time, and quantity of any leakage collected in this system
and removed must be documented in the operating log.
(c) Drip pads must be maintained such that
they remain free of cracks, gaps, corrosion, or other deterioration that could
cause hazardous waste to be released from the drip pad.
Note: See § 265.443(m) for remedial action required if deterioration or leakage is detected.
(d) The drip pad and associated collection
system must be designed and operated to convey, drain, and collect liquid
resulting from drippage or precipitation in order to prevent run-off.
(e) Unless protected by a structure, as
described in § 265.440(b) of this subpart, the owner or operator must
design, construct, operate and maintain a run-on control system capable of
preventing flow onto the drip pad during peak discharge from at least a
24-hour, 25-year storm unless the system has sufficient excess capacity to
contain any run-on that might enter the system, or the drip pad is protected by
a structure or cover, as described in § 265.440(b) of this
subpart.
(f) Unless protected by a
structure or cover, as described in § 265.440(b) of this subpart, the
owner or operator must design, construct, operate and maintain a run-off
management system to collect and control at least the water volume resulting
from a 24-hour, 25-year storm.
(g)
The drip pad must be evaluated to determine that it meets the requirements of
paragraphs (a) through (f) of this section and the owner or operator must
obtain a statement from an independent, qualified Arkansas-registered
professional engineer certifying that the drip pad design meets the
requirements of this section.
(h)
Drippage and accumulated precipitation must be removed from the associated
collection system as necessary to prevent overflow onto the drip pad.
(i) The drip pad surface must be cleaned
thoroughly in a manner and frequency such that accumulated residues of
hazardous waste or other materials are removed, with residues being properly
managed as hazardous waste, so as to allow weekly inspections of the entire
drip pad surface without interference or hindrance from accumulated residues of
hazardous wastes or other materials on the drip pad. The owner or operator must
document the date and time of each cleaning and the cleaning and the cleaning
procedure used in the facility's operating log. The owner/operator must
determine if the residues are hazardous as per § 262.11 and, if so, must
manage them under Sections 261-279 of this rule.
(j) Drip pads must be operated and maintained
in a manner to minimize tracking of hazardous waste or hazardous waste
constituents off the drip pad as a result of activities by personnel or
equipment.
(k) After being removed
from the treatment vessel, treated wood from pressure and non-pressure
processes must be held on the drip pad until drippage has ceased. The owner or
operator must maintain records sufficient to document that all treated wood is
held on the pad following treatment in accordance with this
requirement.
(l) Collection and
holding units associated with run-on and run-off control systems must be
emptied or otherwise managed as soon as possible after storms to maintain
design capacity of the system.
(m)
Throughout the active life of the drip pad, if the owner or operator detects a
condition that may have caused or has caused a release of hazardous waste, the
condition must be repaired within a reasonably prompt period of time following
discovery, in accordance with the following procedures:
(1) Upon detection of a condition that may
have caused or has caused a release of hazardous waste (e.g., upon detection of
leakage by the leak detection system), the owner or operator must:
(i) Enter a record of the discovery in the
facility operating log;
(ii)
Immediately remove the portion of the drip pad affected by the condition from
service;
(iii) Determine what steps
must be taken to repair the drip pad, remove any leakage from below the drip
pad, and establish a schedule for accomplishing the clean up and
repairs;
(iv) Within 24 hours after
discovery of the condition, notify the Director of the condition and, within 10
working days, provide a written notice to the Director with a description of
the steps that will be taken to repair the drip pad, and clean up any leakage,
and the schedule for accomplishing this work.
(2) The Director will review the information
submitted, make a determination regarding whether the pad must be removed from
service completely or partially until repairs and clean up are complete, and
notify the owner or operator of the determination and the underlying rationale
in writing.
(3) Upon completing all
repairs and clean up, the owner or operator must notify the Director in writing
and provide a certification, signed by an independent qualified,
Arkansas-registered professional engineer, that the repairs and clean up have
been completed according to the written plan submitted in accordance with
paragraph (m)(1)(iv) of this section.
(n) The owner or operator must maintain, as
part of the facility operating log, documentation of past operating and waste
handling practices. This must include identification of preservative
formulations used in the past, a description of drippage management practices,
and a description of treated wood storage and handling practices.
§ 265.444
Inspections
(a) During construction or
installation, liners and cover systems (e.g., membranes, sheets, or coatings)
must be inspected for uniformity, damage, and imperfections (e.g., holes,
cracks, thin spots, or foreign materials). Immediately after construction or
installation, liners must be inspected and certified as meeting the
requirements of § 265.443 by an independent qualified,
Arkansas-registered professional engineer. The certification must be
maintained at the facility as part of the facility operating record. After
installation liners and covers must be inspected to ensure tight seams and
joints and the absence of tears, punctures, or blisters.
(b) While a drip pad is in operation, it must
be inspected weekly and after storms to detect evidence of any of the
following:
(1) Deterioration, malfunctions or
improper operation of run-on and run-off control systems;
(2) The presence of leakage in and proper
functioning of leakage detection system.
(3) Deterioration or cracking of the drip pad
surface.
Note: See § 265.443(m) for remedial action required if deterioration or leakage is detected.
§ 265.445
Closure
(a) At closure, the owner or operator must
remove or decontaminate all waste residues, contaminated containment system
components (pad, liners, etc.), contaminated subsoils, and structures and
equipment contaminated with waste and leakage, and manage them as hazardous
waste.
(b) If, after removing or
decontaminating all residues and making all reasonable efforts to effect
removal or decontamination of contaminated components, subsoils, structures,
and equipment as required in paragraph (a) of this section, the owner or
operator finds that not all contaminated subsoils can be practically removed or
decontaminated, he must close the facility and perform post-closure care in
accordance with closure and post-closure care requirements that apply to
landfills (§ 265.310). For permitted units, the requirement to have a
permit continues throughout the post-closure period.
(c)
(1) The
owner or operator of an existing drip pad, as defined in § 265.440 of this
subpart, that does not comply with the liner requirements of §
265.443(b)(1) must:
(i) Include in the
closure plan for the drip pad under § 265.112 both a plan for complying
with paragraph (a) of this section and a contingent plan for complying with
paragraph (b) of this section in case not all contaminated subsoils can be
practicably removed at closure; and
(ii) Prepare a contingent post-closure plan
under § 265.118 of this part for complying with paragraph (b) of this
section in case not all contaminated subsoils can be practicably removed at
closure.
(2) The cost
estimates calculated under §§ 265.112 and 265.144 of this part for
closure and post-closure care of a drip pad subject to this paragraph must
include the cost of complying with the contingent closure plan and the
contingent post-closure plan, but are not required to include the cost of
expected closure under paragraph (a) of this section.
Subsections X-Z
[Reserved]
Subsection AA
-- Air Emission Standards for Process Vents
§ 265.1030
Applicability
(a) The rules in this Subsection apply to
owners and operators of facilities that treat, store, or dispose of hazardous
wastes (except as provided in § 265.1 of this rule).
(b) Except for §§ 265.1034,
paragraphs (d) and (e), this Subsection applies to process vents associated
with distillation, fractionation, thin-film evaporation, solvent extraction, or
air or steam stripping operations that manage hazardous wastes with organic
concentrations of at least 10 ppmw, if these operations are conducted in one of
the following:
(1) A unit that is subject to
the permitting requirements of § 270 of this rule, or
(2) A unit (including a hazardous waste
recycling unit) that is not exempt from permitting under the provisions of
§ 262.17 of this rule (i.e., a hazardous waste recycling unit that is not
a 90-day tank or container) and that is located at a hazardous waste management
facility otherwise subject to the permitting requirements of § 270,
or
(3) A unit that is exempt from
permitting under the provisions of § 262.17(i.e., a "90-day" tank or
container) and is not a recycling unit under the requirements of § 261.6.
[Note: The requirements of §§ 265.1032 through 265.1036 apply to process vents on hazardous waste recycling units previously exempt under paragraph 261.6(c)(1). Other exemptions under §§ 261.4 and 265.1(c) are not affected by these requirements.]
(c) [Reserved]
(d) The requirements of this subsection do
not apply to the process vents at a facility where the facility owner or
operator certifies that all of the process vents that would otherwise be
subject to this subsection are equipped with and operating air emission
controls in accordance with the process vent requirements of an applicable
Clean Air Act regulation codified under 40 CFR part 60, part 61, or part 63.
The documentation of compliance under regulations at 40 CFR part 60, part 61,
or part 63 shall be kept with, or made readily available with, the facility
operating record.
§
265.1031
Definitions
As used in this Subsection, all terms shall have the meaning given them in § 264.1031, RCRA, the Act, and Sections 260-266 of this rule.
§ 265.1032
Standards: Process vents
(a) The owner
or operator of a facility with process vents associated with distillation,
fractionation, thin-film evaporation, solvent extraction or air or steam
stripping operations managing hazardous wastes with organic concentrations at
least 10 ppmw shall either:
(1) Reduce total
organic emissions from all affected process vents at the facility below 1.4
kg/h (3 lb/h) and 2.8 Mg/yr (3.1 tons/yr), or
(2) Reduce, by use of a control device, total
organic emissions from all affected process vents at the facility by 95 weight
percent.
(b) If the owner
or operator installs a closed-vent system and control device to comply with the
provisions of paragraph (a) of this section, the closed-vent system and control
device must meet the requirements of § 265.1033.
(c) Determinations of vent emissions and
emission reductions or total organic compound concentrations achieved by add-on
control devices may be based on engineering calculations or performance tests.
If performance tests are used to determine vent emissions, emission reductions,
or total organic compound concentrations achieved by add-on control devices,
the performance tests must conform with the requirements of §
265.1034(c).
(d) When an owner or
operator and the Director do not agree on determinations of vent emissions
and/or emission reductions or total organic compound concentrations achieved by
addon control devices based on engineering calculations, the test methods in
§ 265.1034(c) shall be used to resolve the disagreement.
§ 265.1033
Standards:
Closed-vent systems and control devices
(a)
(1)
Owners or operators of closed-vent systems and control devices used to comply
with provisions of this Section shall comply with the provisions of this
section.
(2)
(i) The owner or operator of an existing
facility who cannot install a closed-vent system and control device to comply
with the provisions of this subsection on the effective date that the facility
becomes subject to the requirements of this subsection must prepare an
implementation schedule that includes dates by which the closed-vent system and
control device will be installed and in operation. The controls must be
installed as soon as possible, but the implementation schedule may allow up to
30 months after the effective date that the facility becomes subject to this
subsection for installation and startup.
(ii) Any unit that begins operation after
December 21, 1990, and is subject to the requirements of this subsection when
operation begins, must comply with the rules immediately (i.e., must have
control devices installed and operating on startup of the affected unit); the
30-month implementation schedule does not apply.
(iii) The owner or operator of any facility
in existence on the effective date of a statutory or EPA regulatory amendment
that renders the facility subject to this subsection shall comply with all
requirements of this subsection as soon as practicable but no later than 30
months after the amendment's effective date. When control equipment required by
this subsection can not be installed and begin operation by the effective date
of the amendment, the facility owner or operator shall prepare an
implementation schedule that includes the following information: Specific
calendar dates for award of contracts or issuance of purchase orders for the
control equipment, initiation of on-site installation of the control equipment,
completion of the control equipment installation, and performance of any
testing to demonstrate that the installed equipment meets the applicable
standards of this subsection. The owner or operator shall enter the
implementation schedule in the operating record or in a permanent, readily
available file located at the facility.
(iv) Owners and operators of facilities and
units that become newly subject to the requirements of this subsection after
December 8, 1997, due to an action other than those described in paragraph
(a)(2)(iii) of this section must comply with all applicable requirements
immediately (i.e., must have control devices installed and operating on the
date the facility or unit becomes subject to this subsection; the 30-month
implementation schedule does not apply).
(b) A control device involving vapor recovery
(e.g., a condenser or adsorber) shall be designed and operated to recover the
organic vapors vented to it with an efficiency of 95 weight percent or greater
unless the total organic emission limits of § 265.1032(a)(1) for all
affected process vents can be attained at an efficiency less than 95 weight
percent.
(c) An enclosed combustion
device (e.g., a vapor incinerator, boiler, or process heater) shall be designed
and operated to reduce the organic emissions vented to it by 95 weight percent
or greater; to achieve a total organic compound concentration of 20 ppmv,
expressed as the sum of the actual compounds, not carbon equivalents, on a dry
basis corrected to 3 percent oxygen; or to provide a minimum residence time of
0.50 seconds at a minimum temperature of 760 °C. If a boiler or process
heater is used as the control device, then the vent stream shall be introduced
into the flame combustion zone of the boiler or process heater.
(d)
(1) A
flare shall be designed for and operated with no visible emissions as
determined by the methods specified in paragraph (e)(1) of this section, except
for periods not to exceed a total of 5 minutes during any 2 consecutive
hours.
(2) A flare shall be
operated with a flame present at all times, as determined by the methods
specified in paragraph (f)(2)(iii) of this section.
(3) A flare shall be used only if the net
heating value of the gas being combusted is 264.2 MJ/scm (300 Btu/scf) or
greater, if the flare is steam-assisted or air-assisted; or if the net heating
value of the gas being combusted is 260.45 MJ/scm (200 Btu/scf) or greater if
the flare is nonassisted. The net heating value of the gas being combusted
shall be determined by the methods specified in paragraph (e)(2) of this
section.
(4)
(i) A steam-assisted or nonassisted flare
shall be designed for and operated with an exit velocity, as determined by the
methods specified in paragraph (e)(3) of this section, of less than 18.3 m/s
(60 ft/s), except as provided in paragraphs (d)(4) (ii) and (iii) of this
section.
(ii) A steam-assisted or
nonassisted flare designed for and operated with an exit velocity, as
determined by the methods specified in paragraph (e)(3) of this section, equal
to or greater than 18.3 m/s (60 ft/s) but less than 122 m/s (400 ft/s) is
allowed if the net heating value of the gas being combusted is greater than
37.3 MJ/scm (1,000 Btu/scf).
(iii)
A steam-assisted or nonassisted flare designed for and operated with an exit
velocity, as determined by the methods specified in paragraph (e)(3) of this
section, less than the velocity, Vmax, as determined by
the method specified in paragraph (e)(4) of max this section, and less than 122
m/s (400 ft/s) is allowed.
(5) An air-assisted flare shall be designed
and operated with an exit velocity less than the velocity,
Vmax, as determined by the method specified in
paragraph (e)(5) of this section.
(6) A flare used to comply with this section
shall be steam-assisted. air-assisted, or nonassisted.
(e)
(1)
Reference Method 22 in 40 CFR part 60 shall be used to determine the compliance
of a flare with the visible emission provisions of this Subsection. The
observation period is 2 hours and shall be used according to Method
22.
(2) The net heating value of
the gas being combusted in a flare shall be calculated using the following
equation:
where:
HT=Net heating value of the sample, MJ/scm; where the net enthalpy per mole of offgas is based on combustion at 25 °C and 760 mm Hg, but the standard temperature for determining the volume corresponding to 1 mol is 20 °C;
K=Constant, 1.74X10-7 (1/ppm) (g mol/scm) (MJ/kcal) where standard temperature for (g mol/scm) is 20 °C;
Ci=Concentration of sample component i in ppm on a wet basis, as measured for organics by Reference Method 18 in 40 CFR part 60 and measured for hydrogen and carbon monoxide by ASTM D 1946-82 (incorporated by reference as specified in § 260.11); and
Hi=Net heat of combustion of sample component i, kcal/g mol at 25 °C and 760 mm Hg. The heats of combustion may be determined using ASTM D 2382-83 (incorporated by reference as specified in § 260.11) if published values are not available or cannot be calculated.
(3) The actual
exit velocity of a flare shall be determined by dividing the volumetric flow
rate (in units of standard temperature and pressure), as determined by
Reference Methods 2, 2A, 2C, or 2D in 40 CFR part 60 as appropriate, by the
unobstructed (free) cross-sectional area of the flare tip.
(4) The maximum allowed velocity in m/s, V, for a flare complying with paragraph max (d)(4)(iii) of this section shall be
determined by the following equation:
where:
HT=The net heating value as determined in paragraph (e)(2) of this section. 28.8=Constant, 31.7=Constant.
(5) The maximum allowed velocity
in m/s, Vmax, for an air-assisted flare shall be max
determined by the following equation:
where:
8.706 = Constant.
0.7084 = Constant.
HT = The net heating value as determined in paragraph (e)(2) of this section.
(f) The owner or operator shall monitor and
inspect each control device required to comply with this section to ensure
proper operation and maintenance of the control device by implementing the
following requirements:
(1) Install,
calibrate, maintain, and operate according to the manufacturer's specifications
a flow indicator that provides a record of vent stream flow from each affected
process vent to the control device at least once every hour. The flow indicator
sensor shall be installed in the vent stream at the nearest feasible point to
the control device inlet, but before being combined with other vent
streams.
(2) Install, calibrate,
maintain, and operate according to the manufacturer's specifications a device
to continuously monitor control device operation as specified below:
(i) For a thermal vapor incinerator, a
temperature monitoring device equipped with a continuous recorder. The device
shall have an accuracy of ±1 percent of the temperature being monitored
in °C or ±0.5 °C. whichever is greater. The temperature sensor
shall be installed at a location in the combustion chamber downstream of the
combustion zone.
(ii) For a
catalytic vapor incinerator, a temperature monitoring device equipped with a
continuous recorder. The device shall be capable of monitoring temperature at
two locations and have an accuracy of ±1 percent of the temperature
being monitored in °C or ±0.5 °C, whichever is greater. One
temperature sensor shall be installed in the vent stream at the nearest
feasible point to the catalyst bed inlet and a second temperature sensor shall
be installed in the vent stream at the nearest feasible point to the catalyst
bed outlet.
(iii) For a flare, a
heat sensing monitoring device equipped with a continuous recorder that
indicates the continuous ignition of the pilot flame.
(iv) For a boiler or process heater having a
design heat input capacity less than 44 MW, a temperature monitoring device
equipped with a continuous recorder. The device shall have an accuracy of
±1 percent of the temperature being monitored in °C or ±0.5
°C, whichever is greater. The temperature sensor shall be installed at a
location in the furnace downstream of the combustion zone.
(v) For a boiler or process heater having a
design heat input capacity greater than or equal to 44 MW, a monitoring device
equipped with a continuous recorder to measure a parameter(s) that indicates
good combustion operating practices are being used.
(vi) For a condenser, either:
(A) A monitoring device equipped with a
continuous recorder to measure the concentration level of the organic compounds
in the exhaust vent stream from the condenser; or
(B) A temperature monitoring device equipped
with a continuous recorder. The device shall be capable of monitoring
temperature with an accuracy of ±1 percent of the temperature being
monitored in degrees Celsius (°C) or ±0.5 °C, whichever is
greater. The temperature sensor shall be installed at a location in the exhaust
vent stream from the condenser exit (i.e., product side).
(vii) For a carbon adsorption system such as
a fixed-bed carbon adsorber that regenerates the carbon bed directly in the
control device, either:
(A) A monitoring
device equipped with a continuous recorder to measure the concentration level
of the organic compounds in the exhaust vent stream from the carbon bed,
or
(B) A monitoring device equipped
with a continuous recorder to measure a parameter that indicates the carbon bed
is regenerated on a regular, predetermined time cycle.
(3) Inspect the readings from each
monitoring device required by paragraphs (f) (1) and (2) of this section at
least once each operating day to check control device operation and, if
necessary, immediately implement the corrective measures necessary to ensure
the control device operates in compliance with the requirements of this
section.
(g) An owner or
operator using a carbon adsorption system such as a fixed-bed carbon adsorber
that regenerates the carbon bed directly onsite in the control device, shall
replace the existing carbon in the control device with fresh carbon at a
regular, predetermined time interval that is no longer than the carbon service
life established as a requirement of § 265.1035(b)(4)(iii)(F).
(h) An owner or operator using a carbon
adsorption system such as a carbon canister that does not regenerate the carbon
bed directly onsite in the control device shall replace the existing carbon in
the control device with fresh carbon on a regular basis by using one of the
following procedures:
(1) Monitor the
concentration level of the organic compounds in the exhaust vent stream from
the carbon adsorption system on a regular schedule and replace the existing
carbon with fresh carbon immediately when carbon breakthrough is indicated. The
monitoring frequency shall be daily or at an interval no greater than 20
percent of the time required to consume the total carbon working capacity
established as a requirement of § 265.1035(b)(4)(iii)(G), whichever is
longer.
(2) Replace the existing
carbon with fresh carbon at a regular, predetermined time interval that is less
than the design carbon replacement interval established as a requirement of
§ 265.1035 (b)(4)(iii)(G).
(i) An owner or operator of an affected
facility seeking to comply with the provisions of this Section by using a
control device other than a thermal vapor incinerator, catalytic vapor
incinerator, flare, boiler, process heater, condenser, or carbon adsorption
system is required to develop documentation including sufficient information to
describe the control device operation and identify the process parameter or
parameters that indicate proper operation and maintenance of the control
device.
(j) A closed-vent system
shall meet either of the following design requirements:
(1) A closed-vent system shall be designed to
operate with no detectable emissions, as indicated by an instrument reading of
less than 500 ppmv above background as determined by the procedure in §
265.1034(b) of this subsection, and by visual inspections; or
(2) A closed-vent system shall be designed to
operate at a pressure below atmospheric pressure. The system shall be equipped
with at least one pressure gauge or other pressure measurement device that can
be read from a readily accessible location to verify that negative pressure is
being maintained in the closed-vent system when the control device is
operating.
(k) The owner
or operator shall monitor and inspect each closed-vent system required to
comply with this section to ensure proper operation and maintenance of the
closed-vent system by implementing the following requirements:
(1) Each closed-vent system that is used to
comply with paragraph (j)(1) of this section shall be inspected and monitored
in accordance with the following requirements:
(i) An initial leak detection monitoring of
the closed-vent system shall be conducted by the owner or operator on or before
the date that the system becomes subject to this section. The owner or operator
shall monitor the closed-vent system components and connections using the
procedures specified in § 265.1034(b) of this subsection to demonstrate
that the closed-vent system operates with no detectable emissions, as indicated
by an instrument reading of less than 500 ppmv above background.
(ii) After initial leak detection monitoring
required in paragraph (k)(1)(i) of this section, the owner or operator shall
inspect and monitor the closed-vent system as follows:
(A) Closed-vent system joints, seams, or
other connections that are permanently or semi-permanently sealed (e.g., a
welded joint between two sections of hard piping or a bolted and gasketed
ducting flange) shall be visually inspected at least once per year to check for
defects that could result in air pollutant emissions. The owner or operator
shall monitor a component or connection using the procedures specified in
§ 265.1034(b) of this subsection to demonstrate that it operates with no
detectable emissions following any time the component is repaired or replaced
(e.g., a section of damaged hard piping is replaced with new hard piping) or
the connection is unsealed (e.g., a flange is unbolted).
(B) Closed-vent system components or
connections other than those specified in paragraph (k)(1)(ii)(A) of this
section shall be monitored annually and at other times as requested by the
Director, except as provided for in paragraph (n) of this section, using the
procedures specified in § 265.1034(b) of this subsection to demonstrate
that the components or connections operate with no detectable
emissions.
(iii) In the
event that a defect or leak is detected, the owner or operator shall repair the
defect or leak in accordance with the requirements of paragraph (k)(3) of this
section.
(iv) The owner or operator
shall maintain a record of the inspection and monitoring in accordance with the
requirements specified in § 265.1035 of this subsection.
(2) Each closed-vent system that
is used to comply with paragraph (j)(2) of this section shall be inspected and
monitored in accordance with the following requirements:
(i) The closed-vent system shall be visually
inspected by the owner or operator to check for defects that could result in
air pollutant emissions. Defects include, but are not limited to, visible
cracks, holes, or gaps in ductwork or piping or loose connections.
(ii) The owner or operator shall perform an
initial inspection of the closed-vent system on or before the date that the
system becomes subject to this section. Thereafter, the owner or operator shall
perform the inspections at least once every year.
(iii) In the event that a defect or leak is
detected, the owner or operator shall repair the defect in accordance with the
requirements of paragraph (k)(3) of this section.
(iv) The owner or operator shall maintain a
record of the inspection and monitoring in accordance with the requirements
specified in § 265.1035 of this subsection.
(3) The owner or operator shall repair all
detected defects as follows:
(i) Detectable
emissions, as indicated by visual inspection, or by an instrument reading
greater than 500 ppmv above background, shall be controlled as soon as
practicable, but not later than 15 calendar days after the emission is
detected, except as provided for in paragraph (k)(3)(iii) of this
section.
(ii) A first attempt at
repair shall be made no later than 5 calendar days after the emission is
detected.
(iii) Delay of repair of
a closed-vent system for which leaks have been detected is allowed if the
repair is technically infeasible without a process unit shutdown, or if the
owner or operator determines that emissions resulting from immediate repair
would be greater than the fugitive emissions likely to result from delay of
repair. Repair of such equipment shall be completed by the end of the next
process unit shutdown.
(iv) The
owner or operator shall maintain a record of the defect repair in accordance
with the requirements specified in § 265.1035 of this
subsection.
(l)
Closed-vent systems and control devices used to comply with provisions of this
subsection shall be operated at all times when emissions may be vented to
them.
(m) The owner or operator
using a carbon adsorption system to control air pollutant emissions shall
document that all carbon that is a hazardous waste and that is removed from the
control device is managed in one of the following manners, regardless of the
average volatile organic concentration of the carbon:
(1) Regenerated or reactivated in a thermal
treatment unit that meets one of the following:
(i) The owner or operator of the unit has
been issued a final permit under § 270 which implements the requirements
of § 264 subsection X; or
(ii)
The unit is equipped with and operating air emission controls in accordance
with the applicable requirements of subsections AA and CC of either this
section or of § 264; or
(iii)
The unit is equipped with and operating air emission controls in accordance
with a national emission standard for hazardous air pollutants under 40 CFR
part 61 or 40 CFR part 63.
(2) Incinerated in a hazardous waste
incinerator for which the owner or operator either:
(i) Has been issued a final permit under
§ 270 which implements the requirements of § 264, subsection O;
or
(ii) Has designed and operates
the incinerator in accordance with the interim status requirements of
subsection O of this section.
(3) Burned in a boiler or industrial furnace
for which the owner or operator either:
(i)
Has been issued a final permit under § 270 which implements the
requirements of § 266, subsection H; or
(ii) Has designed and operates the boiler or
industrial furnace in accordance with the interim status requirements of §
266, subsection H.
(n) Any components of a closed-vent system
that are designated, as described in § 265.1035(c)(9) of this subsection,
as unsafe to monitor are exempt from the requirements of paragraph
(k)(1)(ii)(B) of this section if:
(1) The
owner or operator of the closed-vent system determines that the components of
the closed-vent system are unsafe to monitor because monitoring personnel would
be exposed to an immediate danger as a consequence of complying with paragraph
(k)(1)(ii)(B) of this section; and
(2) The owner or operator of the closed-vent
system adheres to a written plan that requires monitoring the closed-vent
system components using the procedure specified in paragraph (k)(1)(ii)(B) of
this section as frequently as practicable during safe-to-monitor
times.
§
265.1034
Test methods and procedures.
(a) Each owner or operator subject to the
provisions of this Subsection shall comply with the test methods and procedures
requirements provided in this section.
(b) When a closed-vent system is tested for
compliance with no detectable emissions, as required in § 265.1033(k) of
this subsection, the test shall comply with the following requirements:
(1) Monitoring shall comply with Reference
Method 21 in 40 CFR part 60.
(2)
The detection instrument shall meet the performance criteria of Reference
Method 21.
(3) The instrument shall
be calibrated before use on each day of its use by the procedures specified in
Reference Method 21.
(4)
Calibration gases shall be:
(i) Zero air (less
than 10 ppm of hydrocarbon in air).
(ii) A mixture of methane or n-hexane and air
at a concentration of approximately, but less than, 10,000 ppm methane or
n-hexane.
(5) The
background level shall be determined as set forth in Reference Method
21.
(6) The instrument probe shall
be traversed around all potential leak interfaces as close to the interface as
possible as described in Reference Method 21.
(7) The arithmetic difference between the
maximum concentration indicated by the instrument and the background level is
compared with 500 ppm for determining compliance.
(c) Performance tests to determine compliance
with § 265.1032(a) and with the total organic compound concentration limit
of § 265.1033(c) shall comply with the following:
(1) Performance tests to determine total
organic compound concentrations and mass flow rates entering and exiting
control devices shall be conducted and data reduced in accordance with the
following reference methods and calculation procedures:
(i) Method 2 in 40 CFR part 60 for velocity
and volumetric flow rate.
(ii)
Method 18 or Method 25A in 40 CFR part 60 for organic content. If Method 25A is
used, the organic HAP used as the calibration gas must be the single organic
HAP representing the largest percent by volume of the emissions. The use of
Method 25A is acceptable if the response from the high-level calibration gas is
at least 20 times the standard deviation of the response from the zero
calibration gas when the instrument is zeroed on the most sensitive
scale.
(iii) Each performance test
shall consist of three separate runs; each run conducted for at least 1 hour
under the conditions that exist when the hazardous waste management unit is
operating at the highest load or capacity level reasonably expected to occur.
For the purpose of determining total organic compound concentrations and mass
flow rates, the average of results of all runs shall apply. The average shall
be computed on a time-weighted basis.
(iv) Total organic mass flow rates shall be
determined by the following equation:
(A) For
sources utilizing Method 18:
where:
Eh=Total organic mass flow rate, kg/h;
Q2sd=Volumetric flow rate of gases entering or exiting control device, as determined by Method 2, dscm/h;
n=Number of organic compounds in the vent gas;
Ci=Organic concentration in ppm, dry basis, of compound i in the vent gas, as determined by Method 18;
MWi=Molecular weight of organic compound i in the vent gas, kg/kg-mol;
0.0416=Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760 mm Hg);
10-6=Conversion from ppm.
(B) For sources utilizing Method
25A.
Where:
Eh = Total organic mass flow rate, kg/h;
Q = Volumetric flow rate of gases entering or exiting control device, as determined by Method 2, dscm/h;
C = Organic concentration in ppm, dry basis, as determined by Method 25A;
MW = Molecular weight of propane, 44;
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760 mm Hg);
10-6 = Conversion from ppm.
(v) The annual total
organic emission rate shall be determined by the following equation:
where:
EA=Total organic mass emission rate, kg/y;
Eh=Total organic mass flow rate for the process vent, kg/h;
H=Total annual hours of operations for the affected unit, h.
(vi) Total organic
emissions from all affected process vents at the facility shall be determined
by summing the hourly total organic mass emission rates
(Eh, as determined in paragraph (c)(1)(iv) of this
section) and by summing the annual total organic mass emission rates
(EA, as determined in paragraph (c)(1)(v) of this
section) for all affected process vents at the facility.
(2) The owner or operator shall record such
process information as may be necessary to determine the conditions of the
performance tests. Operations during periods of startup, shutdown, and
malfunction shall not constitute representative conditions for the purpose of a
performance test.
(3) The owner or
operator of an affected facility shall provide, or cause to be provided,
performance testing facilities as follows:
(i) Sampling ports adequate for the test
methods specified in paragraph (c)(1) of this section.
(ii) Safe sampling platform(s).
(iii) Safe access to sampling
platform(s).
(iv) Utilities for
sampling and testing equipment.
(4) For the purpose of making compliance
determinations, the time-weighted average of the results of the three runs
shall apply. In the event that a sample is accidentally lost or conditions
occur in which one of the three runs must be discontinued because of forced
shutdown, failure of an irreplaceable portion of the sample train, extreme
meteorological conditions, or other circumstances beyond the owner or
operator's control, compliance may, upon the Director's approval, be determined
using the average of the results of the two other runs.
(d) To show that a process vent associated
with a hazardous waste distillation, fractionation, thin-film evaporation,
solvent extraction, or air or steam stripping operation is not subject to the
requirements of this Subsection, the owner or operator must make an initial
determination that the time-weighted, annual average total organic
concentration of the waste managed by the waste management unit is less than 10
ppmw using one of the following two methods:
(1) Direct measurement of the organic
concentration of the waste using the following procedures:
(i) The owner or operator must take a minimum
of four grab samples of waste for each waste stream managed in the affected
unit under process conditions expected to cause the maximum waste organic
concentration.
(ii) For waste
generated onsite, the grab samples must be collected at a point before the
waste is exposed to the atmosphere such as in an enclosed pipe or other closed
system that is used to transfer the waste after generation to the first
affected distillation fractionation, thin-film evaporation, solvent extraction,
or air or steam stripping operation. For waste generated offsite, the grab
samples must be collected at the inlet to the first waste management unit that
receives the waste provided the waste has been transferred to the facility in a
closed system such as a tank truck and the waste is not diluted or mixed with
other waste.
(iii) Each sample
shall be analyzed and the total organic concentration of the sample shall be
computed using Method 9060A (incorporated by reference under § 260.11) of
''Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA
Publication SW-846; or analyzed for its individual organic
constituents.
(iv) The arithmetic
mean of the results of the analyses of the four samples shall apply for each
waste stream managed in the unit in determining the time-weighted, annual
average total organic concentration of the waste. The time-weighted average is
to be calculated using the annual quantity of each waste stream processed and
the mean organic concentration of each waste stream managed in the
unit.
(2) Using knowledge
of the waste to determine that its total organic concentration is less than 10
ppmw. Documentation of the waste determination is required. Examples of
documentation that shall be used to support a determination under this
provision include production process information documenting that no organic
compounds are used, information that the waste is generated by a process that
is identical to a process at the same or another facility that has previously
been demonstrated by direct measurement to generate a waste stream having a
total organic content less than 10 ppmw, or prior speciation analysis results
on the same waste stream where it can also be documented that no process
changes have occurred since that analysis that could affect the waste total
organic concentration.
(e) The determination that distillation
fractionation, thin-film evaporation, solvent extraction, or air or steam
stripping operations manage hazardous wastes with time-weighted annual average
total organic concentrations less than 10 ppmw shall be made as follows:
(1) By the effective date that the facility
becomes subject to the provisions of this Subsection or by the date when the
waste is first managed in a waste management unit, whichever is later;
and
(2) For continuously generated
waste, annually; or
(3) Whenever
there is a change in the waste being managed or a change in the process that
generates or treats the waste.
(f) When an owner or operator and the
Director do not agree on whether a distillation, fractionation, thin-film
evaporation, solvent extraction, or air or steam stripping operation manages a
hazardous waste with organic concentrations of at least 10 ppmw based on
knowledge of the waste, the dispute may be resolved using direct measurement as
specified at paragraph (d)(1) of this subsection.
§ 265.1035
Recordkeeping
requirements
(a)
(1) Each owner or operator subject to the
provisions of this Subsection shall comply with the recordkeeping requirements
of this section.
(2) An owner or
operator of more than one hazardous waste management unit subject to the
provisions of this Subsection may comply with the recordkeeping requirements
for these hazardous waste management units in one recordkeeping system if the
system identifies each record by each hazardous waste management
unit.
(b) Owners and
operators must record the following information in the facility operating
record:
(1) For facilities that comply with
the provisions of § 265.1033(a)(2), an implementation schedule that
includes dates by which the closed-vent system and control device will be
installed and in operation. The schedule must also include a rationale of why
the installation cannot be completed at an earlier date. The implementation
schedule must be in the facility operating record by the effective date that
the facility becomes subject to the provisions of this Subsection.
(2) Up-to-date documentation of compliance
with the process vent standards in § 265.1032, including:
(i) Information and data identifying all
affected process vents, annual throughput and operating hours of each affected
unit, estimated emission rates for each affected vent and for the overall
facility (i.e., the total emissions for all affected vents at the facility),
and the approximate location within the facility of each affected unit (e.g.,
identify the hazardous waste management units on a facility plot plan);
and
(ii) Information and data
supporting determinations of vent emissions and emission reductions achieved by
add-on control devices based on engineering calculations or source tests. For
the purpose of determining compliance, determinations of vent emissions and
emission reductions must be made using operating parameter values (e.g.,
temperatures, flow rates or vent stream organic compounds and concentrations)
that represent the conditions that result in maximum organic emissions, such as
when the waste management unit is operating at the highest load or capacity
level reasonably expected to occur. If the owner or operator takes any action
(e.g., managing a waste of different composition or increasing operating hours
of affected waste management units) that would result in an increase in total
organic emissions from affected process vents at the facility, then a new
determination is required.
(3) Where an owner or operator chooses to use
test data to determine the organic removal efficiency or total organic compound
concentration achieved by the control device, a performance test plan. The test
plan must include:
(i) A description of how
it is determined that the planned test is going to be conducted when the
hazardous waste management unit is operating at the highest load or capacity
level reasonably expected to occur. This shall include the estimated or design
flow rate and organic content of each vent stream and define the acceptable
operating ranges of key process and control device parameters during the test
program.
(ii) A detailed
engineering description of the closed-vent system and control device including:
(A) Manufacturer's name and model number of
control device.
(B) Type of control
device.
(C) Dimensions of the
control device.
(D)
Capacity.
(E) Construction
materials.
(iii) A
detailed description of sampling and monitoring procedures, including sampling
and monitoring locations in the system, the equipment to be used, sampling and
monitoring frequency, and planned analytical procedures for sample
analysis.
(4)
Documentation of compliance with § 265.1033 shall include the following
information:
(i) A list of all information
references and sources used in preparing the documentation.
(ii) Records, including the dates, of each
compliance test required by § 265.1033(j).
(iii) If engineering calculations are used, a
design analysis, specifications, drawings, schematics, and piping and
instrumentation diagrams based on the appropriate sections of "APTI Course 415:
Control of Gaseous Emissions" (incorporated by reference as specified in §
260.11) or other engineering texts acceptable to the Director that present
basic control device design information. Documentation provided by the control
device manufacturer or vendor that describes the control device design in
accordance with paragraphs (b)(4)(iii)(A) through (b)(4)(iii)(G) of this
section may be used to comply with this requirement. The design analysis shall
address the vent stream characteristics and control device operation parameters
as specified below.
(A) For a thermal vapor
incinerator, the design analysis shall consider the vent stream composition,
constituent concentrations, and flow rate. The design analysis shall also
establish the design minimum and average temperature in the combustion zone and
the combustion zone residence time.
(B) For a catalytic vapor incinerator, the
design analysis shall consider the vent stream composition, constituent
concentrations, and flow rate. The design analysis shall also establish the
design minimum and average temperatures across the catalyst bed inlet and
outlet.
(C) For a boiler or process
heater, the design analysis shall consider the vent stream composition,
constituent concentrations, and flow rate. The design analysis shall also
establish the design minimum and average flame zone temperatures, combustion
zone residence time, and description of method and location where the vent
stream is introduced into the combustion zone.
(D) For a flare, the design analysis shall
consider the vent stream composition, constituent concentrations, and flow
rate. The design analysis shall also consider the requirements specified in
§ 265.1033(d).
(E) For a
condenser, the design analysis shall consider the vent stream composition,
constituent concentrations, flow rate, relative humidity, and temperature. The
design analysis shall also establish the design outlet organic compound
concentration level, design average temperature of the condenser exhaust vent
stream, and design average temperatures of the coolant fluid at the condenser
inlet and outlet.
(F) For a carbon
adsorption system such as a fixed-bed adsorber that regenerates the carbon bed
directly onsite in the control device, the design analysis shall consider the
vent stream composition, constituent concentrations, flow rate, relative
humidity, and temperature. The design analysis shall also establish the design
exhaust vent stream organic compound concentration level, number and capacity
of carbon beds, type and working capacity of activated carbon used for carbon
beds, design total steam flow over the period of each complete carbon bed
regeneration cycle, duration of the carbon bed steaming and cooling/drying
cycles, design carbon bed temperature after regeneration, design carbon bed
regeneration time, and design service life of carbon.
(G) For a carbon adsorption system such as a
carbon canister that does not regenerate the carbon bed directly onsite in the
control device, the design analysis shall consider the vent stream composition,
constituent concentrations, flow rate, relative humidity, and temperature. The
design analysis shall also establish the design outlet organic concentration
level, capacity of carbon bed, type and working capacity of activated carbon
used for carbon bed, and design carbon replacement interval based on the total
carbon working capacity of the control device and source operating
schedule.
(iv) A
statement signed and dated by the owner or operator certifying that the
operating parameters used in the design analysis reasonably represent the
conditions that exist when the hazardous waste management unit is or would be
operating at the highest load or capacity level reasonably expected to
occur.
(v) A statement signed and
dated by the owner or operator certifying that the control device is designed
to operate at an efficiency of 95 percent or greater unless the total organic
concentration limit of § 265.1032(a) is achieved at an efficiency less
than 95 weight percent or the total organic emission limits of §
265.1032(a) for affected process vents at the facility can be attained by a
control device involving vapor recovery at an efficiency less than 95 weight
percent. A statement provided by the control device manufacturer or vendor
certifying that the control equipment meets the design specifications may be
used to comply with this requirement.
(vi) If performance tests are used to
demonstrate compliance, all test results.
(c) Design documentation and monitoring,
operating, and inspection information for each closed-vent system and control
device required to comply with the provisions of this Section shall be recorded
and kept up-to-date in the facility operating record. The information shall
include:
(1) Description and date of each
modification that is made to the closed-vent system or control device
design.
(2) Identification of
operating parameter, description of monitoring device, and diagram of
monitoring sensor location or locations used to comply with §
265.1033(f)(1) and (f)(2).
(3)
Monitoring, operating and inspection information required by paragraphs (f)
through (k) of § 265.1033 of this subsection.
(4) Date, time, and duration of each period
that occurs while the control device is operating when any monitored parameter
exceeds the value established in the control device design analysis as
specified below:
(i) For a thermal vapor
incinerator designed to operate with a minimum residence time of 0.50 seconds
at a minimum temperature of 760°C, period when the combustion temperature
is below 760°C.
(ii) For a
thermal vapor incinerator designed to operate with an organic emission
reduction efficiency of 95 percent or greater, period when the combustion zone
temperature is more than 28°C below the design average combustion zone
temperature established as a requirement of paragraph (b)(4)(iii)(A) of this
section.
(iii) For a catalytic
vapor incinerator, period when:
(A)
Temperature of the vent stream at the catalyst bed inlet is more than 28°C
below the average temperature of the inlet vent stream established as a
requirement of paragraph (b)(4)(iii)(B) of this section; or
(B) Temperature difference across the
catalyst bed is less than 80 percent of the design average temperature
difference established as a requirement of paragraph (b)(4)(iii)(B) of this
section.
(iv) For a
boiler or process heater, period when:
(A)
Flame zone temperature is more than 28°C below the design average flame
zone temperature established as a requirement of paragraph (b)(4)(iii)(C) of
this section; or
(B) Position
changes where the vent stream is introduced to the combustion zone from the
location established as a requirement of paragraph (b)(4)(iii)(C) of this
section.
(v) For a flare,
period when the pilot flame is not ignited.
(vi) For a condenser that complies with
§ 265.1033(f)(2)(vi)(A), period when the organic compound concentration
level or readings of organic compounds in the exhaust vent stream from the
condenser are more than 20 percent greater than the design outlet organic
compound concentration level established as a requirement of paragraph
(b)(4)(iii)(E) of this section.
(vii) For a condenser that complies with
§ 265.1033(f)(2)(vi)(B), period when:
(A) Temperature of the exhaust vent stream
from the condenser is more than 6 °C above the design average exhaust vent
stream temperature established as a requirement of paragraph (b)(4)(iii)(E) of
this section; or
(B) Temperature of
the coolant fluid exiting the condenser is more than 6 °C above the design
average coolant fluid temperature at the condenser outlet established as a
requirement of paragraph (b)(4)(iii)(E) of this section.
(viii) For a carbon adsorption system such as
a fixed-bed carbon adsorber that regenerates the carbon bed directly onsite in
the control device and complies with § 265.1033(f)(2) (vii)(A), period
when the organic compound concentration level or readings of organic compounds
in the exhaust vent stream from the carbon bed are more than 20 percent greater
than the design exhaust vent stream organic compound concentration level
established as a requirement of paragraph (b)(4)(iii)(F) of this
section.
(ix) For a carbon
adsorption system such as a fixed-bed carbon adsorber that regenerates the
carbon bed directly onsite in the control device and complies with §
265.1033 (f)(2)(vii)(B), period when the vent stream continues to flow through
the control device beyond the predetermined carbon bed regeneration time
established as a requirement of paragraph (b)(4)(iii)(F) of this
section.
(5) Explanation
for each period recorded under paragraph (c)(4) of this section of the cause
for control device operating parameter exceeding the design value and the
measures implemented to correct the control device operation.
(6) For carbon adsorption systems operated
subject to requirements specified in § 265.1033(g) or §
265.1033(h)(2), date when existing carbon in the control device is replaced
with fresh carbon.
(7) For carbon
adsorption systems operated subject to requirements specified in §
265.1033(h)(1), a log that records:
(i) Date
and time when control device is monitored for carbon breakthrough and the
monitoring device reading.
(ii)
Date when existing carbon in the control device is replaced with fresh
carbon.
(8) Date of each
control device startup and shutdown.
(9) An owner or operator designating any
components of a closed-vent system as unsafe to monitor pursuant to §
265.1033(n) of this subsection shall record in a log that is kept in the
facility operating record the identification of closed-vent system components
that are designated as unsafe to monitor in accordance with the requirements of
§ 265.1033(n) of this subsection, an explanation for each closed-vent
system component stating why the closed-vent system component is unsafe to
monitor, and the plan for monitoring each closed-vent system
component.
(10) When each leak is
detected as specified in § 265.1033(k) of this subsection, the following
information shall be recorded:
(i) The
instrument identification number, the closed-vent system component
identification number, and the operator name, initials, or identification
number.
(ii) The date the leak was
detected and the date of first attempt to repair the leak.
(iii) The date of successful repair of the
leak.
(iv) Maximum instrument
reading measured by Method 21 of 40 CFR part 60, appendix A after it is
successfully repaired or determined to be nonrepairable.
(v) "Repair delayed" and the reason for the
delay if a leak is not repaired within 15 calendar days after discovery of the
leak.
(A) The owner or operator may develop a
written procedure that identifies the conditions that justify a delay of
repair. In such cases, reasons for delay of repair may be documented by citing
the relevant sections of the written procedure.
(B) If delay of repair was caused by
depletion of stocked parts, there must be documentation that the spare parts
were sufficiently stocked on-site before depletion and the reason for
depletion.
(d) Records of the monitoring, operating, and
inspection information required by paragraphs (c)(3) through (c)(10) of this
section shall be maintained by the owner or operator for at least 3 years
following the date of each occurrence, measurement, maintenance, corrective
action, or record.
(e) For a
control device other than a thermal vapor incinerator, catalytic vapor
incinerator, flare, boiler, process heater, condenser, or carbon adsorption
system, monitoring and inspection information indicating proper operation and
maintenance of the control device must be recorded in the facility operating
record.
(f) Up-to-date information
and data used to determine whether or not a process vent is subject to the
requirements in § 265.1032 including supporting documentation as required
by § 265.1034(d)(2) when application of the knowledge of the nature of the
hazardous waste stream or the process by which it was produced is used, shall
be recorded in a log that is kept in the facility operating record.
§§ 265.1036 - 265.1049
[Reserved]
Subsection BB
-- Air Emission Standards for Equipment Leaks
§ 265.1050
Applicability
(a) The rules in this Subsection apply to
owners and operators of facilities that treat, store, or dispose of hazardous
wastes (except as provided in § 265.1 of this subsection).
(b) Except as provided in § 265.1064(j),
this Subsection applies to equipment that contains or contacts hazardous wastes
with organic concentrations of at least 10 percent by weight that are managed
in one of the following:
(1) A unit that is
subject to the permitting requirements of § 270 of this rule, or
(2) A unit (including a hazardous waste
recycling unit) that is not exempt from permitting under the provisions of
§ 262.17 of this rule (i.e., a hazardous waste recycling unit that is not
a 90-day tank or container) and that is located at a hazardous waste management
facility otherwise subject to the permitting requirements of § 270,
or
(3) A unit that is exempt from
permitting under the provisions of § 262.17 (i.e., a 90-day tank or
container) and is not a recycling unit under the provisions of §
261.6.
(c) Each piece of
equipment to which this Subsection applies shall be marked in such a manner
that it can be distinguished readily from other pieces of equipment.
(d) Equipment that is in vacuum service is
excluded from the requirements of § 265.1052 to § 265.1060 if it is
identified as required in § 265.1064(g)(5).
(e) Equipment that contains or contacts
hazardous waste with an organic concentration of at least 10 percent by weight
for less than 300 hours per calendar year is excluded from the requirements of
§ 265.1052 through § 265.1060 of this subsection if it is identified
as required in § 265.1064(g)(6) of this subsection.
[Note: The requirements of §§ 265.1052 through 265.1064 apply to equipment associated with hazardous waste recycling units previously exempt under paragraph 261.6(c)(1). Other exemptions under §§ 261.4 and 265.1(c) are not affected by these requirements.]
(f)
Reserved.
(g) Purged coatings and
solvents from surface coating operations subject to the national emission
standards for hazardous air pollutants (NESHAP) for the surface coating of
automobiles and light-duty trucks at 40 CFR Part 63, subpart IIII, are not
subject to the requirements of this subsection.
§ 265.1051
Definitions
As used in this Subsection, all terms shall have the meaning given them in § 264.1031, the Act, and Sections 260-266.
§ 265.1052
Standards: Pumps in
light liquid service
(a)
(1) Each pump in light liquid service shall
be monitored monthly to detect leaks by the methods specified in §
265.1063(b), except as provided in paragraphs (d), (e), and (f) of this
section.
(2) Each pump in light
liquid service shall be checked by visual inspection each calendar week for
indications of liquids dripping from the pump seal.
(b)
(1) If
an instrument reading of 10,000 ppm or greater is measured, a leak is
detected.
(2) If there are
indications of liquids dripping from the pump seal, a leak is
detected.
(c)
(1) When a leak is detected, it shall be
repaired as soon as practicable, but not later than 15 calendar days after it
is detected, except as provided in § 265.1059.
(2) A first attempt at repair (e.g.,
tightening the packing gland) shall be made no later than 5 calendar days after
each leak is detected.
(d) Each pump equipped with a dual mechanical
seal system that includes a barrier fluid system is exempt from the
requirements of paragraph (a), provided the following requirements are met:
(1) Each dual mechanical seal system must be:
(i) Operated with the barrier fluid at a
pressure that is at all times greater than the pump stuffing box pressure,
or
(ii) Equipped with a barrier
fluid degassing reservoir that is connected by a closed-vent system to a
control device that complies with the requirements of § 265.1060,
or
(iii) Equipped with a system
that purges the barrier fluid into a hazardous waste stream with no detectable
emissions to the atmosphere.
(2) The barrier fluid system must not be a
hazardous waste with organic concentrations 10 percent or greater by
weight.
(3) Each barrier fluid
system must be equipped with a sensor that will detect failure of the seal
system, the barrier fluid system or both.
(4) Each pump must be checked by visual
inspection, each calendar week, for indications of liquids dripping from the
pump seals.
(5)
(i) Each sensor as described in paragraph
(d)(3) of this section must be checked daily or be equipped with an audible
alarm that must be checked monthly to ensure that it is functioning
properly.
(ii) The owner or
operator must determine, based on design considerations and operating
experience, a criterion that indicates failure of the seal system, the barrier
fluid system, or both.
(6)
(i) If
there are indications of liquids dripping from the pump seal or the sensor
indicates failure of the seal system, the barrier fluid system, or both based
on the criterion determined in paragraph (d)(5)(ii) of this section, a leak is
detected.
(ii) When a leak is
detected, it shall be repaired as soon as practicable, but not later than 15
calendar days after it is detected, except as provided in §
265.1059.
(iii) A first attempt at
repair (e.g., relapping the seal) shall be made no later than 5 calendar days
after each leak is detected.
(e) Any pump that is designated, as described
in § 265.1064(g)(2), for no detectable emissions, as indicated by an
instrument reading of less than 500 ppm above background, is exempt from the
requirements of paragraphs (a), (c), and (d) of this section if the pump meets
the following requirements:
(1) Must have no
externally actuated shaft penetrating the pump housing.
(2) Must operate with no detectable emissions
as indicated by an instrument reading of less than 500 ppm above background as
measured by the methods specified in § 265.1063(c).
(3) Must be tested for compliance with
paragraph (e)(2) of this section initially upon designation, annually, and at
other times as requested by the Director.
(f) If any pump is equipped with a
closed-vent system capable of capturing and transporting any leakage from the
seal or seals to a control device that complies with the requirements of §
265.1060, it is exempt from the requirements of paragraphs (a) through (e) of
this section.
§
265.1053
Standards: Compressors
(a) Each compressor shall be equipped with a
seal system that includes a barrier fluid system and that prevents leakage of
total organic emissions to the atmosphere, except as provided in paragraphs (h)
and (i) of this section.
(b) Each
compressor seal system as required in paragraph (a) of this section shall be:
(1) Operated with the barrier fluid at a
pressure that is at all times greater than the compressor stuffing box
pressure, or
(2) Equipped with a
barrier fluid system that is connected by a closed-vent system to a control
device that complies with the requirements of § 265.1060, or
(3) Equipped with a system that purges the
barrier fluid into a hazardous waste stream with no detectable emissions to
atmosphere.
(c) The
barrier fluid must not be a hazardous waste with organic concentrations 10
percent or greater by weight.
(d)
Each barrier fluid system as described in paragraphs (a) through (c) of this
section shall be equipped with a sensor that will detect failure of the seal
system, barrier fluid system, or both.
(e)
(1)
Each sensor as required in paragraph (d) of this section shall be checked daily
or shall be equipped with an audible alarm that must be checked monthly to
ensure that it is functioning properly unless the compressor is located within
the boundary of an unmanned plant site, in which case the sensor must be
checked daily.
(2) The owner or
operator shall determine, based on design considerations and operating
experience, a criterion that indicates failure of the seal system, the barrier
fluid system or both.
(f)
If the sensor indicates failure of the seal system, the barrier fluid system,
or both based on the criterion determined under paragraph (e)(2) of this
section, a leak is detected.
(g)
(1) When a leak is detected, it shall be
repaired as soon as practicable, but not later than 15 calendar days after it
is detected, except as provided in § 265.1059.
(2) A first attempt at repair (e.g.,
tightening the packing gland) shall be made no later than 5 calendar days after
each leak is detected.
(h) A compressor is exempt from the
requirements of paragraphs (a) and (b) of this section if it is equipped with a
closed-vent system capable of capturing and transporting any leakage from the
seal to a control device that complies with the requirements of §
265.1060, except as provided in paragraph (i) of fhis section.
(i) Any compressor that is designated, as
described in § 265.1064(g)(2), for no detectable emission as indicated by
an instrument reading of less than 500 ppm above background is exempt from the
requirements of paragraphs (a) through (h) of this section if the compressor:
(1) Is determined to be operating with no
detectable emissions, as indicated by an instrument reading of less than 500
ppm above background, as measured by the method specified in §
265.1063(c).
(2) Is tested for
compliance with paragraph (i)(1) of this section initially upon designation,
annually, and at other times as requested by the Director.
§ 265.1054
Standards:
Pressure relief devices in gas/vapor service
(a) Except during pressure releases, each
pressure relief device in gas/vapor service shall be operated with no
detectable emissions, as indicated by an instrument reading of less than 500
ppm above background, as measured by the method specified in §
265.1063(c).
(b)
(1) After each pressure release, the pressure
relief device shall be returned to a condition of no detectable emissions, as
indicated by an instrument reading of less than 500 ppm above background, as
soon as practicable, but no later than 5 calendar days after each pressure
release, except as provided in § 265.1059.
(2) No later than 5 calendar days after the
pressure release, the pressure relief device shall be monitored to confirm the
condition of no detectable emissions, as indicated by an instrument reading of
less than 500 ppm above background, as measured by the method specified in
§ 265.1063(c).
(c)
Any pressure relief device that is equipped with a closed-vent system capable
of capturing and transporting leakage from the pressure relief device to a
control device as described in § 265.1060 is exempt from the requirements
of paragraphs (a) and (b) of this section.
§ 265.1055
Standards: Sampling
connecting systems
(a) Each sampling
connection system shall be equipped with a closed-purge, closed-loop, or
closed-vent system. This system shall collect the sample purge for return to
the process or for routing to the appropriate treatment system. Gases displaced
during filling of the sample container are not required to be collected or
captured.
(b) Each closed-purge,
closed-loop, or closed-vent system as required in paragraph (a) of this section
shall:
(1) Return the purged process fluid
directly to the process line; or
(2) Collect and recycle the purged process
fluid; or
(3) Be designed and
operated to capture and transport all the purged process fluid to a waste
management unit that complies with the applicable requirements of §
265.1085 through § 265.1087 of this subsection or a control device that
complies with the requirements of § 265.1060 of this subsection.
(c) In-situ sampling systems and
sampling systems without purges are exempt from the requirements of paragraphs
(a) and (b) of this section.
§
265.1056
Standards: Open-ended valves or lines
(a)
(1)
Each open-ended valve or line shall be equipped with a cap, blind flange, plug,
or a second valve.
(2) The cap,
blind flange, plug, or second valve shall seal the open end at all times except
during operations requiring hazardous waste stream flow through the open-ended
valve or line.
(b) Each
open-ended valve or line equipped with a second valve shall be operated in a
manner such that the valve on the hazardous waste stream end is closed before
the second valve is closed.
(c)
When a double block and bleed system is being used, the bleed valve or line may
remain open during operations that require venting the line between the block
valves but shall comply with paragraph (a) of this section at all other
times.
§ 265.1057
Standards: Valves in gas/vapor service or in light liquid service
(a) Each valve in gas/vapor or light liquid
service shall be monitored monthly to detect leaks by the methods specified in
§ 265.1063(b) and shall comply with paragraphs (b) through (e) of this
section, except as provided in paragraphs (f), (g), and (h) of this section'
and §§ 265.1061 and 265.1062.
(b) If an instrument reading of 10,000 ppm or
greater is measured, a leak is detected.
(c)
(1) Any
valve for which a leak is not detected for two successive months may be
monitored the first month of every succeeding quarter, beginning with the next
quarter, until a leak is detected.
(2) If a leak is detected, the valve shall be
monitored monthly until a leak is not detected for 2 successive
months.
(d)
(1) When a leak is detected, it shall be
repaired as soon as practicable, but no later than 15 calendar days after the
leak is detected, except as provided in § 265.1059.
(2) A first attempt at repair shall be made
no later than 5 calendar days after each leak is detected.
(e) First attempts at repair include, but are
not limited to, the following best practices where practicable:
(1) Tightening of bonnet bolts.
(2) Replacement of bonnet bolts.
(3) Tightening of packing gland
nuts.
(4) Injection of lubricant
into lubricated packing.
(f) Any valve that is designated, as
described in § 265.1064(g)(2), for no detectable emissions, as indicated
by an instrument reading of less than 500 ppm above background, is exempt from
the requirements of paragraph (a) of this section if the valve:
(1) Has no external actuating mechanism in
contact with the hazardous waste stream.
(2) Is operated with emissions less than 500
ppm above background as determined by the method specified in §
265.1063(c).
(3) Is tested for
compliance with paragraph (f)(2) of this section initially upon designation,
annually, and at other times as requested by the Director.
(g) Any valve that is designated, as
described in § 265.1064(h)(1), as an unsafe-to-monitor valve is exempt
from the requirements of paragraph (a) of this section if:
(1) The owner or operator of the valve
determines that the valve is unsafe to monitor because monitoring personnel
would be exposed to an immediate danger as a consequence of complying with
paragraph (a) of this section.
(2)
The owner or operator of the valve adheres to a written plan that requires
monitoring of the valve as frequently as practicable during safe-to-monitor
times.
(h) Any valve that
is designated, as described in § 265.1064(h)(2), as a difficult-to-monitor
valve is exempt from the requirements of paragraph (a) of this section if:
(1) The owner or operator of the valve
determines that the valve cannot be monitored without elevating the monitoring
personnel more than 2 meters above a support surface.
(2) The hazardous waste management unit
within which the valve is located was in operation before June 21,
1990.
(3) The owner or operator of
the valve follows a written plan that requires monitoring of the valve at least
once per calendar year.
§ 265.1058
Standards: Pumps and
valves in heavy liquid service, pressure relief devices in light liquid
service, and flanges and other connectors
(a) Pumps and valves in heavy liquid service,
pressure relief devices in light liquid or heavy liquid service, and flanges
and other connectors shall be monitored within 5 days by the method specified
in § 265.1063(b) if evidence of a potential leak is found by visual,
audible, olfactory, or any other detection method.
(b) If an instrument reading of 10,000 ppm or
greater is measured, a leak is detected.
(c)
(1)
When a leak is detected, it shall be repaired as soon as practicable, but not
later than 15 calendar days after it is detected, except as provided in §
265.1059.
(2) The first attempt at
repair shall be made no later than 5 calendar days after each leak is
detected.
(d) First
attempts at repair include, but are not limited to, the best practices
described under § 265.1057(e).
(e) Any connector that is inaccessible or is
ceramic or ceramic-lined (e.g., porcelain, glass, or glass-lined) is exempt
from the monitoring requirements of paragraph (a) of this section and from the
recordkeeping requirements of § 265.1064 of this subsection.
§ 265.1059
Standards:
Delay of repair
(a) Delay of repair of
equipment for which leaks have been detected will be allowed if the repair is
technically infeasible without a hazardous waste management unit shutdown. In
such a case, repair of this equipment shall occur before the end of the next
hazardous waste management unit shutdown.
(b) Delay of repair of equipment for which
leaks have been detected will be allowed for equipment that is isolated from
the hazardous waste management unit and that does not continue to contain or
contact hazardous waste with organic concentrations at least 10 percent by
weight.
(c) Delay of repair for
valves will be allowed if:
(1) The owner or
operator determines that emissions of purged material resulting from immediate
repair are greater than the emissions likely to result from delay of
repair.
(2) When repair procedures
are effected, the purged material is collected and destroyed or recovered in a
control device complying with § 265.1060.
(d) Delay of repair for pumps will be allowed
if:
(1) Repair requires the use of a dual
mechanical seal system that includes a barrier fluid system.
(2) Repair is completed as soon as
practicable, but not later than 6 months after the leak was detected.
(e) Delay of repair beyond a
hazardous waste management unit shutdown will be allowed for a valve if valve
assembly replacement is necessary during the hazardous waste management unit
shutdown, valve assembly supplies have been depleted, and valve assembly
supplies had been sufficiently stocked before the supplies were depleted. Delay
of repair beyond the next hazardous waste management unit shutdown will not be
allowed unless the next hazardous waste management unit shutdown occurs sooner
than 6 months after the first hazardous waste management unit
shutdown.
§ 265.1060
Standards: Closed-vent systems and control devices
(a) Owners and operators of closed-vent
systems and control devices subject to this subsection shall comply with the
provisions of § 265.1033 of this section.
(b)
(1) The
owner or operator of an existing facility who can not install a closed-vent
system and control device to comply with the provisions of this subsection on
the effective date that the facility becomes subject to the provisions of this
subsection must prepare an implementation schedule that includes dates by which
the closed-vent system and control device will be installed and in operation.
The controls must be installed as soon as possible, but the implementation
schedule may allow up to 30 months after the effective date that the facility
becomes subject to this subsection for installation and startup.
(2) Any units that begin operation after
December 21, 1990, and are subject to the provisions of this subsection when
operation begins, must comply with the rules immediately (i.e., must have
control devices installed and operating on startup of the affected unit); the
30-month implementation schedule does not apply.
(3) The owner or operator of any facility in
existence on the effective date of a statutory or EPA regulatory amendment that
renders the facility subject to this subsection shall comply with all
requirements of this subsection as soon as practicable but no later than 30
months after the amendment's effective date. When control equipment required by
this subsection can not be installed and begin operation by the effective date
of the amendment, the facility owner or operator shall prepare an
implementation schedule that includes the following information: Specific
calendar dates for award of contracts or issuance of purchase orders for the
control equipment, initiation of on-site installation of the control equipment,
completion of the control equipment installation, and performance of any
testing to demonstrate that the installed equipment meets the applicable
standards of this subsection. The owner or operator shall enter the
implementation schedule in the operating record or in a permanent, readily
available file located at the facility.
(4) Owners and operators of facilities and
units that become newly subject to the requirements of this subsection after
December 8, 1997 due to an action other than those described in paragraph
(b)(3) of this section must comply with all applicable requirements immediately
(i.e., must have control devices installed and operating on the date the
facility or unit becomes subject to this subsection; the 30-month
implementation schedule does not apply).
§ 265.1061
Alternative standards
for valves in gas/vapor service or in light liquid service; percentage of
valves allowed to leak
(a) An owner or
operator subject to the requirements of § 265.1057 of this rule may elect
to have all valves within a hazardous waste management unit comply with an
alternative standard which allows no greater than 2 percent of the valves to
leak.
(b) The following
requirements shall be met if an owner or operator decides to comply with the
alternative standard of allowing 2 percent of valves to leak:
(1) A performance test as specified in
paragraph (c) of this section shall be conducted initially upon designation,
annually, and at other times requested by the Director.
(2) If a valve leak is detected, it shall be
repaired in accordance with § 265.1057(d) and (e).
(c) Performance tests shall be conducted in
the following manner:
(1) All valves subject
to the requirements in § 265.1057 within the hazardous waste management
unit shall be monitored within 1 week by the methods specified in §
265.1063(b).
(2) If an instrument
reading of 10,000 ppm or greater is measured, a leak is detected.
(3) The leak percentage shall be determined
by dividing the number of valves subject to the requirements in § 265.1057
for which leaks are detected by the total number of valves subject to the
requirements in § 265.1057 within the hazardous waste management
unit.
§
265.1062
Alternative standards for valves in gas/vapor or in
light liquid service; skip period leak detection and repair
(a) An owner or operator subject to the
requirements of § 265.1057 may elect for all valves within a hazardous
waste management unit to comply with one of the alternative work practices
specified in paragraphs (b) (2) and (3) of this section.
(b)
(1) An
owner or operator shall comply with the requirements for valves, as described
in § 265.1057, except as described in paragraphs (b)(2) and (b)(3) of this
section.
(2) After two consecutive
quarterly leak detection periods with the percentage of valves leaking equal to
or less than 2 percent, an owner or operator may begin to skip one of the
quarterly leak detection periods (i.e., monitor for leaks once every six
months) for the valves subject to the requirements in § 265.1057 of this
subsection.
(3) After five
consecutive quarterly leak detection periods with the percentage of valves
leaking equal to or less than 2 percent, an owner or operator may begin to skip
three of the quarterly leak detection periods (i.e., monitor for leaks once
every year) for the valves subject to the requirements in § 265.1057 of
this subsection.
(4) If the
percentage of valves leaking is greater than 2 percent, the owner or operators
hall monitor monthly in compliance with the requirements in § 265.1057,
but may again elect to use this section after meeting the requirements of
§ 265.1057(c)(1).
§ 265.1063
Test methods and
procedures
(a) Each owner or operator
subject to the provisions of this Subsection shall comply with the test methods
and procedures requirements provided in this section.
(b) Leak detection monitoring, as required in
§§ 265.1052-265.1062, shall comply with the following requirements:
(1) Monitoring shall comply with Reference
Method 21 in 40 CFR part 60.
(2)
The detection instrument shall meet the performance criteria of Reference
Method 21.
(3) The instrument shall
be calibrated before use on each day of its use by the procedures specified in
Reference Method 21.
(4)
Calibration gases shall be:
(i) Zero air (less
than 10 ppm of hydrocarbon in air).
(ii) A mixture of methane or n-hexane and air
at a concentration of approximately, but less than, 10,000 ppm methane or
n-hexane.
(5) The
instrument probe shall be traversed around all potential leak interfaces as
close to the interface as possible as described in Reference Method
21.
(c) When equipment is
tested for compliance with no detectable emissions, as required in §§
265.1052(e), 265.1053(i), 265.1054, and 265.1057(f), the test shall comply with
the following requirements:
(1) The
requirements of paragraphs (b) (1) through (4) of this section shall
apply.
(2) The background level
shall be determined, as set forth in Reference Method 21.
(3) The instrument probe shall be traversed
around all potential leak interfaces as close to the interface as possible as
described in Reference Method 21.
(4) The arithmetic difference between the
maximum concentration indicated by the instrument and the background level is
compared with 500 ppm for determining compliance.
(d) In accordance with the waste analysis
plan required by § 265.13(b), an owner or operator of a facility must
determine, for each piece of equipment, whether the equipment contains or
contacts a hazardous waste with organic concentration that equals or exceeds 10
percent by weight using the following:
(1)
Methods described in ASTM Methods D 2267-88, E 169-87, E 168-88, E 260-85
(incorpor-ated by reference under § 260.11 of this rule);
(2) Method 9060A (incorporated by reference
under § 260.11 of this Rule) of ''Test Methods for Evaluating Solid
Waste,'' EPA Publication SW-846 or analyzed for its individual organic
constituents; or
(3) Application of
the knowledge of the nature of the hazardous waste stream or the process by
which it was produced. Documentation of a waste determination by knowledge is
required. Examples of documentation that shall be used to support a
determination under this provision include production process information
documenting that no organic compounds are used, information that the waste is
generated by a process that is identical to a process at the same or another
facility that has previously been demonstrated by direct measurement to have a
total organic content less than 10 percent, or prior speciation analysis
results on the same waste stream where it can also be documented that no
process changes have occurred since that analysis that could affect the waste
total organic concentration.
(e) If an owner or operator determines that a
piece of equipment contains or contacts a hazardous waste with organic
concentrations at least 10 percent by weight, the determination can be revised
only after following the procedures in paragraph (d)(1) or (d)(2) of this
section.
(f) When an owner or
operator and the Director do not agree on whether a piece of equipment contains
or contacts a hazardous waste with organic concentrations at least 10 percent
by weight, the procedures in paragraph (d)(1) or (d)(2) of this section can be
used to resolve the dispute.
(g)
Samples used in determining the percent organic content shall be representative
of the highest total organic content hazardous waste that is expected to be
contained in or contact the equipment.
(h) To determine if pumps or valves are in
light liquid service, the vapor pressures of constituents may be obtained from
standard reference texts or may be determined by ASTM D-2879-86 (incorporated
by reference under § 260.11).
(i) Performance tests to determine if a
control device achieves 95 weight percent organic emission reduction shall
comply with the procedures of § 265.1034 (c)(1) through (c)(4).
§ 265.1064
Recordkeeping requirements
(a)
(1) Each owner or operator subject to the
provisions of this Subsection shall comply with the recordkeeping requirements
of this section.
(2) An owner or
operator of more than one hazardous waste management unit subject to the
provisions of this Subsection may comply with the recordkeeping requirements
for these hazardous waste management units in one recordkeeping system if the
system identifies each record by each hazardous waste management
unit.
(b) Owners and
operators must record the following information in the facility operating
record:
(1) For each piece of equipment to
which Subsection BB of Section 265 applies:
(i) Equipment identification number and
hazardous waste management unit identification.
(ii) Approximate locations within the
facility (e.g., identify the hazardous waste management unit on a facility plot
plan).
(iii) Type of equipment
(e.g., a pump or pipeline valve).
(iv) Percent-by-weight total organics in the
hazardous waste stream at the equipment.
(v) Hazardous waste state at the equipment
(e.g., gas/vapor or liquid).
(vi)
Method of compliance with the standard (e.g., "monthly leak detection and
repair" or "equipped with dual mechanical seals").
(2) For facilities that comply with the
provisions of § 265.1033(a)(2), an implementation schedule as specified in
§ 265.1033(a)(2).
(3) Where an
owner or operator chooses to use test data to demonstrate the organic removal
efficiency or total organic compound concentration achieved by the control
device, a performance test plan as specified in §
265.1035(b)(3).
(4) Documentation
of compliance with § 265.1060, including the detailed design documentation
or performance test results specified in § 265.1035(b)(4).
(c) When each leak is detected as
specified in §§ 265.1052, 265.1053, 265.1057, and 265.1058, the
following require-ments apply:
(1) A
weatherproof and readily visible identification, marked with the equipment
identification number, the date evidence of a potential leak was found in
accordance with § 265.1058(a), and the date the leak was detected, shall
be attached to the leaking equipment.
(2) The identification on equipment, except
on a valve, may be removed after it has been repaired.
(3) The identification on a valve may be
removed after it has been monitored for 2 successive months as specified in
§ 265.1057(c) and no leak has been detected during those 2
months.
(d) When each
leak is detected as specified in §§ 265.1052, 265.1053, 265.1057, and
265.1058, the following information shall be recorded in an inspection log and
shall be kept in the facility operating record:
(1) The instrument and operator
identification numbers and the equipment identification number.
(2) The date evidence of a potential leak was
found in accordance with § 265.1058(a).
(3) The date the leak was detected and the
dates of each attempt to repair the leak.
(4) Repair methods applied in each attempt to
repair the leak.
(5) "Above 10,000"
if the maximum instrument reading measured by the methods specified in §
265.1063(b) after each repair attempt is equal to or greater than 10,000
ppm.
(6) "Repair delayed" and the
reason for the delay if a leak is not repaired within 15 calendar days after
discovery of the leak.
(7)
Documentation supporting the delay of repair of a valve in compliance with
§ 265.1059(c).
(8) The
signature of the owner or operator (or designate) whose decision it was that
repair could not be effected without a hazardous waste management unit
shutdown.
(9) The expected date of
successful repair of the leak if a leak is not repaired within 15 calendar
days.
(10) The date of successful
repair of the leak.
(e)
Design documentation and monitoring, operating, and inspection information for
each closed-vent system and control device required to comply with the
provisions of § 265.1060 shall be recorded and kept up-to-date in the
facility operating record as specified in § 265.1035(c). Design
documentation is specified in § 265.1035 (c)(1) and (c)(2) and monitoring,
operating, and inspection information in § 265.1035
(c)(3)-(c)(8).
(f) For a control
device other than a thermal vapor incinerator, catalytic vapor incinerator,
flare, boiler, process heater, condenser, or carbon adsorption system,
monitoring and inspection information indicating proper operation and
maintenance of the control device must be recorded in the facility operating
record.
(g) The following
information pertaining to all equipment subject to the requirements in
§§ 265.1052 through 265.1060 shall be recorded in a log that is kept
in the facility operating record:
(1) A list
of identification numbers for equipment (except welded fittings) subject to the
requirements of this Subsection.
(2)
(i) A
list of identification numbers for equipment that the owner or operator elects
to designate for no detectable emissions, as indicated by an instrument reading
of less than 500 ppm above background, under the provisions of §§
265.1052(e), 265.1053(i), and 265.1057(f).
(ii) The designation of this equipment as
subject to the requirements of §§ 265.1052(e), 265.1053(i), or
265.1057(f) shall be signed by the owner or operator.
(3) A list of equipment identification
numbers for pressure relief devices required to comply with §
265.1054(a).
(4)
(i) The dates of each compliance test
required in §§ 265.1052(e), 265.1053(i), 265.1054, and
265.1057(f).
(ii) The background
level measured during each compliance test.
(iii) The maximum instrument reading measured
at the equipment during each compliance test.
(5) A list of identification numbers for
equipment in vacuum service.
(6)
Identification, either by list or location (area or group) of equipment that
contains or contacts hazardous waste with an organic concentration of at least
10 percent by weight for a period of less than 300 hours per calendar
year.
(h) The following
information pertaining to all valves subject to the requirements of §
265.1057 (g) and (h) shall be recorded in a log that is kept in the facility
operating record:
(1) A list of
identification numbers for valves that are designated as unsafe to monitor, an
explanation for each valve stating why the valve is unsafe to monitor, and the
plan for monitoring each valve.
(2)
A list of identification numbers for valves that are designated as difficult to
monitor, an explanation for each valve stating why the valve is difficult to
monitor, and the planned schedule for monitoring each valve.
(i) The following information
shall be recorded in the facility operating record for valves complying with
§ 265.1062:
(1) A schedule of
monitoring.
(2) The percent of
valves found leaking during each monitoring period.
(j) The following information shall be
recorded in a log that is kept in the facility operating record:
(1) Criteria required in §§
265.1052(d)(5)(ii) and 265.1053(e)(2) and an explanation of the
criteria.
(2) Any changes to these
criteria and the reasons for the changes.
(k) The following information shall be
recorded in a log that is kept in the facility operating record for use in
determining exemptions as provided in the applicability section of this
Subsection and other specific Subsections:
(1)
An analysis determining the design capacity of the hazardous waste management
unit.
(2) A statement listing the
hazardous waste influent to and effluent from each hazardous waste management
unit subject to the require-ments in §§ 265.1052 through 265.1060 and
an analysis determining whether these hazardous wastes are heavy
liquids.
(3) An up-to-date analysis
and the supporting information and data used to determine whether or not
equipment is subject to the requirements in §§ 265.1052 through
265.1060. The record shall include supporting documentation as required by
§ 265.1063(d)(3) when application of the knowledge of the nature of the
hazardous waste stream or the process by which it was produced is used. If the
owner or operator takes any action (e.g., changing the process that produced
the waste) that could result in an increase in the total organic content of the
waste contained in or contacted by equipment determined not to be subject to
the requirements in §§ 265.1052 through 265.1060, then a new
determination is required.
(l) Records of the equipment leak information
required by paragraph (d) of this section and the operating information
required by paragraph (e) of this section need be kept only 3 years.
(m) The owner or operator of any facility
with equipment that is subject to this subsection and to leak detection,
monitoring, and repair requirements under regulations at 40 CFR part 60, part
61, or part 63 may elect to determine compliance with this subsection either by
documentation pursuant to § 265.1064 of this subsection, or by
documentation of compliance with the regulations at 40 CFR part 60, part 61, or
part 63 pursuant to the relevant provisions of the regulations at 40 CFR part
60, part 61, or part 63. The documentation of compliance under regulation at 40
CFR part 60, part 61, or part 63 shall be kept with or made readily available
with the facility operating record.
§§ 265.1065 - 265.1079
[Reserved]
Subsection
CC
-- Air Emission Standards for Tanks, Surface
Impoundments, and Containers
§
265.1080
Applicability
(a) The requirements of this subsection apply
to owners and operators of all facilities that treat, store, or dispose of
hazardous waste in tanks, surface impoundments, or containers subject to either
Subsection I, J, or K of this Section except as § 265.1 and paragraph (b)
of this section provide otherwise.
(b) The requirements of this subsection do
not apply to the following waste management units at the facility:
(1) A waste management unit that holds
hazardous waste placed in the unit before December 6, 1996, and in which no
hazardous waste is added to the unit on or after December 6, 1996.
(2) A container that has a design capacity
less than or equal to 0.1 m3.
(3) A tank in which an owner or operator has
stopped adding hazardous waste and the owner or operator has begun implementing
or completed closure pursuant to an approved closure plan.
(4) A surface impoundment in which an owner
or operator has stopped adding hazardous waste (except to implement an approved
closure plan) and the owner or operator has begun implementing or completed
closure pursuant to an approved closure plan.
(5) A waste management unit that is used
solely for on-site treatment or storage of hazardous waste that is placed in
the unit as the result of implementing remedial activities required under the
RCRA corrective action authorities of 3004(u), 3004(v) or 3008(h), CERCLA
authorities, or similar Federal or State authorities.
(6) A waste management unit that is used
solely for the management of radioactive mixed waste in accordance with all
applicable regulations under the authority of the Atomic Energy Act and the
Nuclear Waste Policy Act.
(7) A
hazardous waste management unit that the owner or operator certifies is
equipped with and operating air emission controls in accordance with the
requirements of an applicable Clean Air Act regulation codified under 40 CFR
part 60, part 61, or part 63. For the purpose of complying with this paragraph,
a tank for which the air emission control includes an enclosure, as opposed to
a cover, must be in compliance with the enclosure and control device
requirements of § 265.1085(i), except as provided in §
265.1083(c)(5).
(8) A tank that has
a process vent as defined in § 264.1031.
(c) For the owner and operator of a facility
subject to this subsection who has received a final permit under RCRA section
3005 prior to December 6, 1996, the following requirements apply:
(1) The requirements of Section 264,
subsection CC shall be incorporated into the permit when the permit is reissued
in accordance with the requirements of
40 CFR
124.15 or reviewed in accordance with the
requirements of § 270.50(d).
(2) Until the date when the permit is
reissued in accordance with the requirements of
40 CFR
124.15 or reviewed in accordance with the
requirements of § 270.50(d), the owner and operator is subject to the
requirements of this subsection.
(d) The requirements of this subsection,
except for the recordkeeping requirements specified in § 265.1090(i) of
this subsection, are administratively stayed for a tank or a container used for
the management of hazardous waste generated by organic peroxide manufacturing
and its associated laboratory operations when the owner or operator of the unit
meets all of the following conditions:
(1) The
owner or operator identifies that the tank or container receives hazardous
waste generated by an organic peroxide manufacturing process producing more
than one functional family of organic peroxides or multiple organic peroxides
within one functional family, that one or more of these organic peroxides could
potentially undergo self-accelerating thermal decomposition at or below ambient
temperatures, and that organic peroxides are the predominant products
manufactured by the process. For the purpose of meeting the conditions of this
paragraph, "organic peroxide" means an organic compound that contains the
bivalent -O-O- structure and which may be considered to be a structural
derivative of hydrogen peroxide where one or both of the hydrogen atoms has
been replaced by an organic radical.
(2) The owner or operator prepares
documen-tation, in accordance with the requirements of § 265.1090(i) of
this subsection, explaining why an undue safety hazard would be created if air
emission controls specified in §§ 265.1085 through 265.1088 of this
subsection are installed and operated on the tanks and containers used at the
facility to manage the hazardous waste generated by the organic peroxide
manufacturing process or processes meeting the conditions of paragraph (d)(1)
of this section.
(3) The owner or
operator notifies the Director in writing that hazardous waste generated by an
organic peroxide manufacturing process or processes meeting the conditions of
paragraph (d)(1) of this section are managed at the facility in tanks or
containers meeting the conditions of paragraph (d)(2) of this section. The
notification shall state the name and address of the facility, and be signed
and dated by an authorized representative of the facility owner or
operator.
§
265.1081
Definitions
As used in this subsection, all terms not defined herein shall have the meaning given to them in the Act and Sections 260 through 266 of this rule.
"Average volatile organic concentration" or "average VO concentration" means the mass-weighted average volatile organic concentration of a hazardous waste as determined in accordance with the requirements of § 265.1084 of this subsection.
"Closure device" means a cap, hatch, lid, plug, seal, valve, or other type of fitting that blocks an opening in a cover such that when the device is secured in the closed position it prevents or reduces air pollutant emissions to the atmosphere. Closure devices include devices that are detachable from the cover (e.g., a sampling port cap), manually operated (e.g., a hinged access lid or hatch), or automatically operated (e.g., a spring-loaded pressure relief valve).
"Continuous seal" means a seal that forms a continuous closure that completely covers the space between the edge of the floating roof and the wall of a tank. A continuous seal may be a vapor-mounted seal, liquid-mounted seal, or metallic shoe seal. A continuous seal may be constructed of fastened segments so as to form a continuous seal.
"Cover" means a device that provides a continuous barrier over the hazardous waste managed in a unit to prevent or reduce air pollutant emissions to the atmosphere. A cover may have openings (such as access hatches, sampling ports, gauge wells) that are necessary for operation, inspection, maintenance, and repair of the unit on which the cover is used. A cover may be a separate piece of equipment which can be detached and removed from the unit or a cover may be formed by structural features permanently integrated into the design of the unit.
"Enclosure" means a structure that surrounds a tank or container, captures organic vapors emitted from the tank or container, and vents the captured vapors through a closed-vent system to a control device.
"External floating roof" means a pontoon-type or double-deck type cover that rests on the surface of the material managed in a tank with no fixed roof.
"Fixed roof" means a cover that is mounted on a unit in a stationary position and does not move with fluctuations in the level of the material managed in the unit.
"Floating membrane cover" means a cover consisting of a synthetic flexible membrane material that rests upon and is supported by the hazardous waste being managed in a surface impoundment.
"Floating roof" means a cover consisting of a double deck, pontoon single deck, or internal floating cover which rests upon and is supported by the material being contained, and is equipped with a continuous seal.
"Hard-piping" means pipe or tubing that is manufactured and properly installed in accordance with relevant standards and good engineering practices.
"In light material service" means the container is used to manage a material for which both of the following conditions apply: The vapor pressure of one or more of the organic constituents in the material is greater than 0.3 kilopascals (kPa) at 20°C; and the total concentration of the pure organic constituents having a vapor pressure greater than 0.3 kPa at 20°C is equal to or greater than 20 percent by weight.
"Internal floating roof" means a cover that rests or floats on the material surface (but not necessarily in complete contact with it) inside a tank that has a fixed roof.
"Liquid-mounted seal" means a foam or liquid-filled primary seal mounted in contact with the hazardouswaste between the tank wall and the floating roof continuously around the circumference of the tank.
"Malfunction" means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that are caused in part by poor maintenance or careless operation are not malfunctions.
"Maximum organic vapor pressure" means the sum of the individual organic constituent partial pressures exerted by the material contained in a tank, at the maximum vapor pressure-causing conditions (i.e., temperature, agitation, pH effects of combining wastes, etc.) reasonably expected to occur in the tank. For the purpose of this subpart, maximum organic vapor pressure is determined using the procedures specified in § 265.1084(c) of this subsection.
"Metallic shoe seal" means a continuous seal that is constructed of metal sheets which are held vertically against the wall of the tank by springs, weighted levers, or other mechanisms and is connected to the floating roof by braces or other means. A flexible coated fabric (envelope) spans the annular space between the metal sheet and the floating roof.
"No detectable organic emissions" means no escape of organics to the atmosphere as determined using the procedure specified in § 265.1084(d) of this subsection.
"Point of waste origination" means as follows:
(1) When the facility owner or operator is
the generator of the hazardous waste, the point of waste origination means the
point where a solid waste produced by a system, process, or waste management
unit is determined to be a hazardous waste as defined in Section 261.
[Note: In this case, this term is being used in a manner similar to the use of the term "point of generation" in air standards established for waste management operations under authority of the Clean Air Act in 40 CFR Parts 60, 61, and 63].
(2) When the facility owner and operator are
not the generator of the hazardous waste, point of waste origination means the
point where the owner or operator accepts delivery or takes possession of the
hazardous waste.
"Point of waste treatment" means the point where a hazardous waste to be treated in accordance with § 265.1083(c)(2) of this subsection exits the treatment process. Any waste determination shall be made before the waste is conveyed, handled, or otherwise managed in a manner that allows the waste to volatilize to the atmosphere.
"Safety device" means a closure device such as a pressure relief valve, frangible disc, fusible plug, or any other type of device which functions exclusively to prevent physical damage or permanent deformation to a unit or its air emission control equipment by venting gases or vapors directly to the atmosphere during unsafe conditions resulting from an unplanned, accidental, or emergency event. For the purpose of this subsection, a safety device is not used for routine venting of gases or vapors from the vapor headspace underneath a cover such as during filling of the unit or to adjust the pressure in this vapor headspace in response to normal daily diurnal ambient temperature fluctuations. A safety device is designed to remain in a closed position during normal operations and open only when the internal pressure, or another relevant parameter, exceeds the device threshold setting applicable to the air emission control equipment as determined by the owner or operator based on manufacturer recommendations, applicable regulations, fire protection and prevention codes, standard engineering codes and practices, or other requirements for the safe handling of flammable, ignitable, explosive, reactive, or hazardous materials.
"Single-seal system" means a floating roof having one continuous seal. This seal may be vapor-mounted, liquid-mounted, or a metallic shoe seal.
"Vapor-mounted seal" means a continuous seal that is mounted such that there is a vapor space between the hazardous waste in the unit and the bottom of the seal.
"Volatile organic concentration" or "VO concentration" means the fraction by weight of the volatile organic compounds contained in a hazardous waste expressed in terms of parts per million (ppmw) as determined by direct measurement or by knowledge of the waste in accordance with the requirements of § 265.1084 of this subsection. For the purpose of determining the VO concentration of a hazardous waste, organic compounds with a Henry's law constant value of at least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in the liquid-phase (0.1 Y/X) [which can also be expressed as 1.8 x 10-6 atmospheres/gram-mole/m3 ] at 25 degrees Celsius must be included. Appendix VI of this subsection presents a list of compounds known to have a Henry's law constant value less than the cutoff level.
"Waste determination" means performing all applicable procedures in accordance with the requirements of § 265.1084 of this subsection to determine whether a hazardous waste meets standards specified in this subsection. Examples of a waste determination include performing the procedures in accordance with the requirements of § 265.1084 of this subsection to determine the average VO concentration of a hazardous waste at the point of waste origination; the average VO concentration of a hazardous waste at the point of waste treatment and comparing the results to the exit concentration limit specified for the process used to treat the hazardous waste; the organic reduction efficiency and the organic biodeg-radation efficiency for a biological process used to treat a hazardous waste and comparing the results to the applicable standards; or the maximum volatile organic vapor pressure for a hazardous waste in a tank and comparing the results to the applicable standards.
"Waste stabilization process" means any physical or chemical process used to either reduce the mobility of hazardous constituents in a hazardous waste or eliminate free liquids as determined by Test Method 9095B (Paint Filter Liquids Test) in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," as incorporated by reference in § 260.11 of this rule. A waste stabilization process includes mixing the hazardous waste with binders or other materials, and curing the resulting hazardous waste and binder mixture. Other synonymous terms used to refer to this process are "waste fixation" or "waste solidification." This does not include the adding of absorbent materials to the surface of a waste, without mixing, agitation, or subsequent curing, to absorb free liquid.
§ 265.1082
Schedule for
implementation of air emission standards
(a) Owners or operators of facilities
existing on December 6, 1996, and subject to Subsections I, J, and K of this
Section shall meet the following requirements:
(1) Install and begin operation of all
control equipment or waste management units required to comply with this
subsection and complete modifications of production or treatment processes to
satisfy exemption criteria in accordance with § 265.1083(c) of this
subsection by December 6, 1996, except as provided for in paragraph (a)(2) of
this section.
(2) When control
equipment or waste management units required to comply with this subsection
cannot be installed and in operation or modifications of production or
treatment processes to satisfy exemption criteria in accordance with §
265.1083(c) of this subsection cannot be completed by December 6, 1996, the
owner or operator shall:
(i) Install and begin
operation of the control equipment and waste management units, and complete
modifications of production or treatment processes as soon as possible but no
later than December 8, 1997.
(ii)
Prepare an implementation schedule that includes the following information:
specific calendar dates for award of contracts or issuance of purchase orders
for control equipment, waste management units, and production or treatment
process modifications; initiation of on-site installation of control equipment
or waste management units, and modifications of production or treatment
processes; completion of control equipment or waste management unit
installation, and production or treatment process modifications; and
performance of testing to demonstrate that the installed equipment or waste
management units, and modified production or treatment processes meet the
applicable standards of this subsection.
(iii) For facilities subject to the
recordkeeping requirements of § 265.73 of this section, the owner or
operator shall enter the implementation schedule specified in paragraph
(a)(2)(ii) of this section in the operating record no later than December 6,
1996.
(iv) For facilities not
subject to § 265.73 of this section, the owner or operator shall enter the
implementation schedule specified in paragraph (a)(2)(ii) of this section in a
permanent, readily available file located at the facility no later than
December 6, 1996.
(b) Owners or operators of facilities and
units in existence on the effective date of a statutory or regulatory amendment
that renders the facility subject to subsections I, J, or K of this section
shall meet the following requirements:
(1)
Install and begin operation of control equipment or waste management units
required to comply with this subsection, and complete modifications of
production or treatment processes to satisfy exemption criteria of §
265.1083(c) of this subsection by the effective date of the amendment, except
as provided for in paragraph (b)(2) of this section.
(2) When control equipment or waste
management units required to comply with this subsection cannot be installed
and begin operation, or when modifications of production or treatment processes
to satisfy exemption criteria of § 265.1083(c) of this subsection cannot
be completed by the effective date of the amendment, the owner or operator
shall:
(i) Install and begin operation of the
control equipment or waste management unit, and complete modification of
production or treatment processes as soon as possible but no later than 30
months after the effective date of the amendment.
(ii) For facilities subject to the
recordkeeping requirements of § 265.73 of this section, enter and maintain
the implementation schedule specified in paragraph (a)(2)(ii) of this section
in the operating record no later than the effective date of the amendment,
or
(iii) For facilities not subject
to § 265.73 of this section, the owner or operator shall enter and
maintain the implementation schedule specified in paragraph (a)(2)(ii) of this
section in a permanent, readily available file located at the facility site no
later than the effective date of the amendment.
(c) Owners and operators of facilities and
units that become newly subject to the requirements of this subsection after
December 8, 1997 due to an action other than those described in paragraph (b)
of this section must comply with all applicable requirements immediately (i.e.,
must have control devices installed and operating on the date the facility or
unit becomes subject to this subsection; the 30-month implementation schedule
does not apply).
(d) The Director
may elect to extend the implementation date for control equipment at a
facility, on a case by case basis, to a date later than December 8, 1997, when
special circumstances that are beyond the facility owner's or operator's
control delay installation or operation of control equipment, and the owner or
operator has made all reasonable and prudent attempts to comply with the
requirements of this subsection.
§ 265.1083
Standards:
General
(a) This section applies to
the management of hazardous waste in tanks, surface impoundments, and
containers subject to this subsection.
(b) The owner or operator shall control air
pollutant emissions from each hazardous waste management unit in accordance
with standards specified in § 265.1085 through § 265.1088 of this
subsection, as applicable to the hazardous waste management unit, except as
provided for in paragraph (c) of this section.
(c) A tank, surface impoundment, or container
is exempt from standards specified in § 265.1085 through § 265.1088
of this subsection, as applicable, provided that the waste management unit is
one of the following:
(1) A tank, surface
impoundment, or container for which all hazardous waste entering the unit has
an average VO concentration at the point of waste origination of less than 500
parts per million by weight (ppmw). The average VO concentration shall be
determined using the procedures specified in § 265.1084(a) of this
subsection. The owner or operator shall review and update, as necessary, this
determination at least once every 12 months following the date of the initial
determination for the hazardous waste streams entering the unit.
(2) A tank, surface impoundment, or container
for which the organic content of all the hazardous waste entering the waste
management unit has been reduced by an organic destruction or removal process
that achieves any one of the following conditions:
(i) A process that removes or destroys the
organics contained in the hazardous waste to a level such that the average VO
concentration of the hazardous waste at the point of waste treatment is less
than the exit concentration limit (Ct) established for
the process.
The average VO concentration of the hazardous waste at the point of waste treatment and the exit concentration limit for the process shall be determined using the procedures specified in § 265.1084(b) of this subsection.
(ii) A process
that removes or destroys the organics contained in the hazardous waste to a
level such that the organic reduction efficiency (R) for the process is equal
to or greater than 95 percent, and the average VO concentration of the
hazardous waste at the point of waste treatment is less than 100 ppmw. The
organic reduction efficiency for the process and the average VO concentration
of the hazardous waste at the point of waste treatment shall be determined
using the procedures specified in § 265.1084(b) of this
subsection.
(iii) A process that
removes or destroys the organics contained in the hazardous waste to a level
such that the actual organic mass removal rate (MR) for the process is equal to
or greater than the required organic mass removal rate (RMR) established for
the process. The required organic mass removal rate and the actual organic mass
removal rate for the process shall be determined using the procedures specified
in § 265.1084(b) of this subsection.
(iv) A biological process that destroys or
degrades the organics contained in the hazardous waste, such that either of the
following conditions is met:
(A) The organic
reduction efficiency (R) for the process is equal to or greater than 95
percent, and the organic biodegradation efficiency
(Rbio) for the process is equal to or greater than 95
percent. The organic reduction efficiency and the organic biodegradation
efficiency for the process shall be determined using the procedures specified
in § 265.1084(b) of this subsection.
(B) The total actual organic mass
biodegradation rate (MRbio) for all hazardous waste
treated by the process is equal to or greater than the required organic mass
removal rate (RMR). The required organic mass removal rate and the actual
organic mass biodegradation rate for the process shall be determined using the
procedures specified in § 265.1084(b) of this subsection.
(v) A process that removes or
destroys the organics contained in the hazardous waste and meets all of the
following conditions:
(A) From the point of
waste origination through the point where the hazardous waste enters the
treatment process, the hazardous waste is managed continuously in waste
management units which use air emission controls in accordance with the
standards specified in § 265.1085 through § 265.1088 of this
subsection, as applicable to the waste management unit.
(B) From the point of waste origination
through the point where the hazardous waste enters the treatment process, any
transfer of the hazardous waste is accomplished through continuous hard-piping
or other closed system transfer that does not allow exposure of the waste to
the atmosphere. The EPA considers a drain system that meets the requirements of
40 CFR part 63, subpart RR - National Emission Standards for Individual Drain
Systems to be a closed system.
(C)
The average VO concentration of the hazardous waste at the point of waste
treatment is less than the lowest average VO concentration at the point of
waste origination determined for each of the individual waste streams entering
the process or 500 ppmw, whichever value is lower. The average VO concentration
of each individual waste stream at the point of waste origination shall be
determined using the procedures specified in § 265.1084(a) of this
sub-section. The average VO concentration of the hazardous waste at the point
of waste treatment shall be determined using the procedures specified in §
265.1084(b) of this subsection.
(vi) A process that removes or destroys the
organics contained in the hazardous waste to a level such that the organic
reduction efficiency (R) for the process is equal to or greater than 95 percent
and the owner or operator certifies that the average VO concentration at the
point of waste origination for each of the individual waste streams entering
the process is less than 10,000 ppmw. The organic reduction efficiency for the
process and the average VO concentration of the hazardous waste at the point of
waste origination shall be determined using the procedures specified in §
265.1084(b) and § 265.1084(a) of this subsection, respectively.
(vii) A hazardous waste incinerator for which
the owner or operator has either:
(A) Been
issued a final permit under § 270 which implements the requirements of
§ 264, subsection O; or
(B)
Has designed and operates the incinerator in accordance with the interim status
requirements of subsection O of this section.
(viii) A boiler or industrial furnace for
which the owner or operator has either:
(A)
Been issued a final permit under § 270 which implements the require-ments
of § 266, subsection H, or
(B)
Has designed and operates the boiler or industrial furnace in accordance with
the interim status requirements of § 266, subsection H.
(ix) For the purpose of
determining the performance of an organic destruction or removal process in
accordance with the conditions in each of paragraphs (c)(2)(i) through
(c)(2)(vi) of this section, the owner or operator shall account for VO
concentrations determined to be below the limit of detection of the analytical
method by using the following VO concentration:
(A) If Method 25D in 40 CFR part 60, appendix
A is used for the analysis, one-half the blank value determined in the method
at section 4.4 of Method 25D in 40 CFR part 60, appendix A, or a value of 25
ppmw, whichever is less.
(B) If any
other analytical method is used, one-half the sum of the limits of detection
established for each organic constituent in the waste that has a Henry's law
constant value at least 0.1 mole-fraction -in-the-gas-phase/mole-fraction-in-
the-liquid-phase (0.1 Y/X) [which can also be expressed as 1.8 x
10-6
atmospheres/gram-mole/m3] at 25 degrees Celsius.
(3) A tank or
surface impoundment used for biological treatment of hazardous waste in
accordance with the requirements of paragraph (c)(2)(iv) of this
section.
(4) A tank, surface
impoundment, or container for which all hazardous waste placed in the unit
either:
(i) Meets the numerical concentration
limits for organic hazardous constituents, applicable to the hazardous waste,
as specified in § 268 - Land Disposal Restrictions under Table "Treatment
Standards for Hazardous Waste" in § 268.40; or
(ii) The organic hazardous constituents in
the waste have been treated by the treatment technology established by the EPA
for the waste in § 268.42(a), or have been removed or destroyed by an
equivalent method of treatment approved pursuant to § 268.42(b).
(5) A tank used for bulk feed of
hazardous waste to a waste incinerator and all of the following conditions are
met:
(i) The tank is located inside an
enclosure vented to a control device that is designed and operated in
accordance with all applicable requirements specified under 40 CFR part 61,
subpart FF - National Emission Standards for Benzene Waste Operations for a
facility at which the total annual benzene quantity from the facility waste is
equal to or greater than 10 megagrams per year;
(ii) The enclosure and control device serving
the tank were installed and began operation prior to December 6, 1996;
and
(iii) The enclosure is designed
and operated in accordance with the criteria for a permanent total enclosure as
specified in "Procedure T - Criteria for and Verification of a Permanent or
Temporary Total Enclosure" under
40
CFR 52.741, Appendix B. The enclosure may
have permanent or temporary openings to allow worker access; passage of
material into or out of the enclosure by conveyor, vehicles, or other
mechanical or electrical equipment; or to direct air flow into the enclosure.
The owner or operator shall perform the verification procedure for the
enclosure as specified in Section 5.0 to "Procedure T - Criteria for and
Verification of a Permanent or Temporary Total Enclosure" annually.
(d) The Director may at
any time perform or request that the owner or operator perform a waste
determination for a hazardous waste managed in a tank, surface impoundment, or
container exempted from using air emission controls under the provisions of
this section as follows:
(1) The waste
determination for average VO concentration of a hazardous waste at the point of
waste origination shall be performed using direct measurement in accordance
with the applicable requirements of § 265.1084(a) of this subsection. The
waste determination for a hazardous waste at the point of waste treatment shall
be performed in accordance with the applicable requirements of §
265.1084(b) of this subsection.
(2)
In performing a waste determination pursuant to paragraph (d)(1) of this
section, the sample preparation and analysis shall be conducted as follows:
(i) In accordance with the method used by the
owner or operator to perform the waste analysis, except in the case specified
in paragraph (d)(2)(ii) of this section.
(ii) If the Director determines that the
method used by the owner or operator was not appropriate for the hazardous
waste managed in the tank, surface impoundment, or container, then the Director
may choose an appropriate method.
(3) In a case when the owner or operator is
requested to perform the waste determination, the Director may elect to have an
authorized representative observe the collection of the hazardous waste samples
used for the analysis.
(4) In a
case when the results of the waste determination performed or requested by the
Director do not agree with the results of a waste determination performed by
the owner or operator using knowledge of the waste, then the results of the
waste determination performed in accordance with the requirements of paragraph
(d)(1) of this section shall be used to establish compliance with the
requirements of this subsection.
(5) In a case when the owner or operator has
used an averaging period greater than 1 hour for determining the average VO
concentration of a hazardous waste at the point of waste origination, the
Director may elect to establish compliance with this subsection by performing
or requesting that the owner or operator perform a waste determination using
direct measurement based on waste samples collected within a 1-hour period as
follows:
(i) The average VO concentration of
the hazardous waste at the point of waste origination shall be determined by
direct measurement in accordance with the requirements of § 265.1084(a) of
this subsection.
(ii) Results of
the waste determination performed or requested by the Director showing that the
average VO concentration of the hazardous waste at the point of waste
origination is equal to or greater than 500 ppmw shall constitute noncompliance
with this subsection except in a case as provided for in paragraph (d)(5)(iii)
of this section.
(iii) For the case
when the average VO concentration of the hazardous waste at the point of waste
origination previously has been determined by the owner or operator using an
averaging period greater than 1 hour to be less than 500 ppmw but because of
normal operating process variations the VO concentration of the hazardous waste
determined by direct measurement for any given 1-hour period may be equal to or
greater than 500 ppmw, information that was used by the owner or operator to
determine the average VO concentration of the hazardous waste (e.g., test
results, measurements, calculations, and other documentation) and recorded in
the facility records in accordance with the requirements of § 265.1084(a)
and § 265.1090 of this subsection shall be considered by the Director
together with the results of the waste determination performed or requested by
the Director in establishing compliance with this subsection.
§ 265.1084
Waste determination procedures
(a) Waste determination procedure to
determine average volatile organic (VO) concentration of a hazardous waste at
the point of waste origination.
(1) An owner
or operator shall determine the average VO concentration at the point of waste
origination for each hazardous waste placed in a waste management unit exempted
under the provisions of § 265.1083(c)(1) of this subsection from using air
emission controls in accordance with standards specified in § 265.1085
through § 265.1088 of this subsection, as applicable to the waste
management unit.
(i) An initial determination
of the average VO concentration of the waste stream shall be made before the
first time any portion of the material in the hazardous waste stream is placed
in a waste management unit exempted under the provisions of §
265.1083(c)(1) of this subsection from using air emission controls, and
thereafter an initial determination of the average VO concentration of the
waste stream shall be made for each averaging period that a hazardous waste is
managed in the unit; and
(ii)
Perform a new waste determination whenever changes to the source generating the
waste stream are reasonably likely to cause the average VO concentration of the
hazardous waste to increase to a level that is equal to or greater than the VO
concentration limit specified in § 265.1083(c)(1) of this
subsection.
(2) For a
waste determination that is required by paragraph (a)(1) of this section, the
average VO concentration of a hazardous waste at the point of waste origination
shall be determined using either direct measurement as specified in paragraph
(a)(3) of this section or by knowledge as specified in paragraph (a)(4) of this
section.
(3) Direct measurement to
determine average VO concentration of a hazardous waste at the point of waste
origination.
(i) Identification. The owner or
operator shall identify and record the point of waste origination for the
hazardous waste.
(ii) Sampling.
Samples of the hazardous waste stream shall be collected at the point of waste
origination in a manner such that volatilization of organics contained in the
waste and in the subsequent sample is minimized and an adequately
representative sample is collected and maintained for analysis by the selected
method.
(A) The averaging period to be used
for determining the average VO concentration for the hazardous waste stream on
a mass-weighted average basis shall be designated and recorded. The averaging
period can represent any time interval that the owner or operator determines is
appropriate for the hazardous waste stream but shall not exceed 1
year.
(B) A sufficient number of
samples, but no less than four samples, shall be collected and analyzed for a
hazardous waste determination. All of the samples for a given waste
determination shall be collected within a one-hour period. The average of the
four or more sample results constitutes a waste determination for the waste
stream. One or more waste determinations may be required to represent the
complete range of waste compositions and quantities that occur during the
entire averaging period due to normal variations in the operating conditions
for the source or process generating the hazardous waste stream. Examples of
such normal variations are seasonal variations in waste quantity or
fluctuations in ambient temperature.
(C) All samples shall be collected and
handled in accordance with written procedures prepared by the owner or operator
and documented in a site sampling plan. This plan shall describe the procedure
by which representative samples of the hazardous waste stream are collected
such that a minimum loss of organics occurs throughout the sample collection
and handling process, and by which sample integrity is maintained. A copy of
the written sampling plan shall be maintained on-site in the facility operating
records. An example of acceptable sample collection and handling procedures for
a total volatile organic constituent concentration may be found in Method 25D
in 40 CFR part 60, appendix A.
(D)
Sufficient information, as specified in the "site sampling plan'' required
under paragraph (a)(3)(ii)(C) of this section, shall be prepared and recorded
to document the waste quantity represented by the samples and, as applicable,
the operating conditions for the source or process generating the hazardous
waste represented by the samples.
(iii) Analysis. Each collected sample shall
be prepared and analyzed in accordance with Method 25D in 40 CFR part 60,
appendix A for the total concentration of volatile organic constituents, or
using one or more methods when the individual organic compound concentrations
are identified and summed and the summed waste concentration accounts for and
reflects all organic compounds in the waste with Henry's law constant values at
least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in-theliquid- phase (0.1
Y/X) [which can also be expressed as 1.8x10-6
atmospheres/grammole/ m3] at 25 degrees Celsius. At
the owner or operator's discretion, the owner or operator may adjust test data
obtained by any appropriate method to discount any contribution to the total
volatile organic concentration that is a result of including a compound with a
Henry's law constant value of less than 0.1 Y/X at 25 degrees Celsius. To
adjust these data, the measured concentration of each individual chemical
constituent contained in the waste is multiplied by the appropriate
constituent-specific adjustment factor (fm25D). If the owner or operator elects
to adjust test data, the adjustment must be made to all individual chemical
constituents with a Henry's law constant value greater than or equal to 0.1 Y/X
at 25 degrees Celsius contained in the waste. Constituent-specific adjustment
factors (fm25D) can be obtained by contacting the Waste and Chemical Processes
Group, Office of Air Quality Planning and Standards, Research Triangle Park, NC
27711. Other test methods may be used if they meet the requirements in
paragraph (a)(3)(iii)(A) or (B) of this section and provided the requirement to
reflect all organic compounds in the waste with Henry's law constant values
greater than or equal to 0.1 Y/X [which can also be expressed as 1.8 x
10-6
atmospheres/gram-mole/m3] at 25 degrees Celsius, is
met.
(A) Any EPA standard method that has been
validated in accordance with ''Alternative Validation Procedure for EPA Waste
and Wastewater Methods," 40 CFR part 63, appendix D.
(B) Any other analysis method that has been
validated in accordance with the procedures specified in Section 5.1 or Section
5.3, and the corresponding calculations in Section 6.1 or Section 6.3, of
Method 301 in 40 CFR part 63, appendix A. The data are acceptable if they meet
the criteria specified in Section 6.1.5 or Section 6.3.3 of Method 301. If
correction is required under section 6.3.3 of Method 301, the data are
acceptable if the correction factor is within the range 0.7 to 1.30. Other
sections of Method 301 are not required.
(iv) Calculations.
(A) The average VO concentration (C) on a
mass-weighted basis shall be calculated by using the results for all waste
determinations conducted in accordance with paragraphs (a)(3)(ii) and (iii) of
this section and the following equation:
where:
C = Average VO concentration of the hazardous waste at the point of waste origination on a mass-weighted basis, ppmw.
i = Individual sample "i" of the hazardous waste.
n = Total number of samples of the hazardous waste collected (at least 4) for the averaging period (not to exceed 1 year).
Qi = Mass quantity of hazardous waste stream represented by Ci, kg/hr.
QT = Total mass quantity of hazardous waste during the averaging period, kg/hr.
Ci = Measured VO concentration of sample "i" as determined in accordance with the requirements of '265.1084(a)(3)(iii) of this subpart, ppmw.
(B) For the purpose of
determining Ci, for individual waste samples analyzed
in accordance with paragraph (a)(3)(iii) of this section, the owner or operator
shall account for VO concentrations determined to be below the limit of
detection of the analytical method by using the following VO concentration:
(1) If Method 25D in 40 CFR part 60, Appendix
A is used for the analysis, one-half the blank value determined in the method
at section 4.4 of Method 25D in 40 CFR part 60, appendix A.
(2) If any other analytical method is used,
one-half the sum of the limits of detection established for each organic
constituent in the waste that has a Henry's law constant values at least0.1
mole-fraction-in-the- gas-phase/mole-fraction-in- the-liquid-phase (0.1 Y/X)
[which can also be expressed as 1.8 x 10-6 atmospheres/gram-mole/m3] at 25°C.
(v) Provided
that the test method is appropriate for the waste as required under paragraph
(a)(3)(iii) of this section, the EPA will determine compliance based on the
test method used by the owner or operator as recorded pursuant to Sec.
265.1090(f)(1) of this subsection.
(4) Use of owner or operator knowledge to
determine average VO concentration of a hazardous waste at the point of waste
origination.
(i) Documentation shall be
prepared that presents the information used as the basis for the owner's or
operator's knowledge of the hazardous waste stream's average VO concentration.
Examples of information that may be used as the basis for knowledge include:
Material balances for the source or process generating the hazardous waste
stream; constituent-specific chemical test data for the hazardous waste stream
from previous testing that are still applicable to the current waste stream;
previous test data for other locations managing the same type of waste stream;
or other knowledge based on information included in manifests, shipping papers,
or waste certification notices.
(ii) If test data are used as the basis for
knowledge, then the owner or operator shall document the test method, sampling
protocol, and the means by which sampling variability and analytical
variability are accounted for in the determination of the average VO
concentration. For example, an owner or operator may use organic concentration
test data for the hazardous waste stream that are validated in accordance with
Method 301 in 40 CFR part 63, appendix A as the basis for knowledge of the
waste.
(iii) An owner or operator
using chemical constituent-specific concentration test data as the basis for
knowledge of the hazardous waste may adjust the test data to the corresponding
average VO concentration value which would have been obtained had the waste
samples been analyzed using Method 25D in 40 CFR part 60, appendix A. To adjust
these data, the measured concentration for each individual chemical constituent
contained in the waste is multiplied by the appropriate constituent-specific
adjustment factor (fm25D).
(iv) In
the event that the Director and the owner or operator disagree on a
determination of the average VO concentration for a hazardous waste stream
using knowledge, then the results from a determination of average VO
concentration using direct measurement as specified in paragraph (a)(3) of this
section shall be used to establish compliance with the applicable requirements
of this subsection. The Director may perform or request that the owner or
operator perform this determination using direct measurement. The owner or
operator may then choose one or more appropriate methods to analyze each
collected sample in accordance with the requirements of paragraph (a)(3)(iii)
of this section.
(b) Waste determination procedures for
treated hazardous waste.
(1) An owner or
operator shall perform the applicable waste determination for each treated
hazardous waste placed in a waste management unit exempted under the provisions
of § 265.1083 (c)(2)(i) through (c)(2)(vi) of this subsection from using
air emission controls in accordance with standards specified in §§
265.1085 through 265.1088 of this subsection, as applicable to the waste
management unit.
(i) An initial determination
of the average VO concentration of the waste stream shall be made before the
first time any portion of the material in the treated waste stream is placed in
a waste management unit exempted under the provisions of § 265.1083(c)(2),
§ 265.1083(c)(3), or § 265.1083(c)(4) of this subsection from using
air emission controls, and thereafter update the information used for the waste
determination at least once every 12 months following the date of the initial
waste determination; and
(ii)
Perform a new waste determination whenever changes to the process generating or
treating the waste stream are reasonably likely to cause the average VO
concentration of the hazardous waste to increase to a level such that the
applicable treatment conditions specified in § 265.1083(c)(2), §
265.1083(c)(3), or § 265.1083(c)(4) of this subpart are not
achieved.
(2) The owner
or operator shall designate and record the specific provision in §
265.1083(c)(2) of this subsection under which the waste determination is being
performed. The waste determination for the treated hazardous waste shall be
performed using the applicable procedures specified in paragraphs (b)(3)
through (b)(9) of this section.
(3)
Procedure to determine the average VO concentration of a hazardous waste at the
point of waste treatment.
(i) Identification.
The owner or operator shall identify and record the point of waste treatment
for the hazardous waste.
(ii)
Sampling. Samples of the hazardous waste stream shall be collected at the point
of waste treatment in a manner such that volatilization of organics contained
in the waste and in the subsequent sample is minimized and an adequately
representative sample is collected and maintained for analysis by the selected
method.
(A) The averaging period to be used
for determining the average VO concentration for the hazardous waste stream on
a mass-weighted average basis shall be designated and recorded. The averaging
period can represent any time interval that the owner or operator determines is
appropriate for the hazardous waste stream but shall not exceed 1
year.
(B) A sufficient number of
samples, but no less than four samples, shall be collected and analyzed for a
hazardous waste determination. All of the samples for a given waste
determination shall be collected within a one-hour period. The average of the
four or more sample results constitutes a waste determination for the waste
stream. One or more waste determinations may be required to represent the
complete range of waste compositions and quantities that occur during the
entire averaging period due to normal variations in the operating conditions
for the process generating or treating the hazardous waste stream. Examples of
such normal variations are seasonal variations in waste quantity or
fluctuations in ambient temperature.
(C) All samples shall be collected and
handled in accordance with written procedures prepared by the owner or operator
and documented in a site sampling plan. This plan shall describe the procedure
by which representative samples of the hazardous waste stream are collected
such that a minimum loss of organics occurs throughout the sample collection
and handling process, and by which sample integrity is maintained. A copy of
the written sampling plan shall be maintained on-site in the facility operating
records. An example of acceptable sample collection and handling procedures for
a total volatile organic constituent concentration may be found in Method 25D
in 40 CFR part 60, appendix A.
(D)
Sufficient information, as specified in the "site sampling plan'' required
under paragraph (C) of (b)(3)(ii)this section, § 265.1084(b)(3)(ii), shall
be prepared and recorded to document the waste quantity represented by the
samples and, as applicable, the operating conditions for the process treating
the hazardous waste represented by the samples.
(iii) Analysis. Each collected sample shall
be prepared and analyzed in accordance with Method 25D in 40 CFR part 60,
appendix A for the total concentration of volatile organic constituents, or
using one or more methods when the individual organic compound concentrations
are identified and summed and the summed waste concentration accounts for and
reflects all organic compounds in the waste with Henry's law constant values at
least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in-the--6 liquid-phase
(0.1 Y/X) [which can also be expressed as 1.8 x 10-6
atmospheres/gram- mole/m3] at 25 degrees Celsius.
When the owner or operator is making a waste determination for a treated
hazardous waste that is to be compared to an average VO concentration at the
point of waste origination or the point of waste entry to the treatment system
to determine if the conditions of § 264.1082(c)(2)(i) through (c)(2)(vi)
of this Rule, or § 265.1083(c)(2)(i) through (c)(2)(vi) of this Subsection
are met, then the waste samples shall be prepared and analyzed using the same
method or methods as were used in making the initial waste determinations at
the point of waste origination or at the point of entry to the treatment
system. At the owner or operator's discretion, the owner or operator may adjust
test data obtained by any appropriate method to discount any contribution to
the total volatile organic concentration that is a result of including a
compound with a Henry's law constant value less than 0.1 Y/X at 25 degrees
Celsius. To adjust these data, the measured concentration of each individual
chemical constituent in the waste is multiplied by the appropriate
constituent-specific adjustment factor (fm25D). If the owner or operator elects
to adjust test data, the adjustment must be made to all individual chemical
constituents with a Henry's law constant value greater than or equal to 0.1 Y/X
at 25 degrees Celsius contained in the waste. Constituent-specific adjustment
factors (fm25D) can be obtained by contacting the Waste and Chemical Processes
Group, Office of Air Quality Planning and Standards, Research Triangle Park, NC
27711. Other test methods may be used if they meet the requirements in
paragraph (a)(3)(iii)(A) or (B) of this section and provided the requirement to
reflect all organic compounds in the waste with Henry's law constant values
greater than or equal to 0.1 Y/X [which can also be expressed as 1.8 x
10-6
atmospheres/gram-mole/m3] at 25 degrees Celsius, is
met.
(A) Any EPA standard method that has been
validated in accordance with ''Alternative Validation Procedure for EPA Waste
and Wastewater Methods,'' 40 CFR part 63, appendix D.
(B) Any other analysis method that has been
validated in accordance with the procedures specified in Section 5.1 or Section
5.3, and the corresponding calculations in Section 6.1 or Section 6.3, of
Method 301 in 40 CFR part 63, appendix A. The data are acceptable if they meet
the criteria specified in Section 6.1.5 or Section 6.3.3 of Method 301. If
correction is required under section 6.3.3 of Method 301, the data are
acceptable if the correction factor is within the range 0.7 to 1.30. Other
sections of Method 301 are not required.
(iv) Calculations. The average VO
concentration (C) on a mass-weighted basis shall be calculated by using the
results for all waste determinations conducted in accordance with paragraphs
(b)(3)(ii) and (iii) of this section and the following equation:
where:
C=Average VO concentration of the hazardous waste at the point of waste treatment on a mass-weighted basis, ppmw.
i=Individual waste determination "i" of the hazardous waste.
n=Total number of waste determinations of the hazardous waste conducted for the averaging period (not to exceed 1 year).
Qi=Mass quantity of hazardous waste stream represented by C i, kg/hr.
QT=Total mass quantity of hazardous waste during the averaging period, kg/hr.
Ci=Measured VO concentration of waste determination "i" as determined in accordance with the requirements of paragraph (b)(3)(iii) of this section (i.e. the average of the four or more samples specified in paragraph (b)(3)(ii)(B) of this section), ppmw.
(v) Provided that the test method
is appropriate for the waste as required under paragraph (b)(3)(iii) of this
section, compliance shall be determined based on the test method used by the
owner or operator as recorded pursuant to § 265.1090(f)(1) of this
subsection.
(4) Procedure
to determine the exit concentration limit (Ct) for a
treated hazardous waste.
(i) The point of
waste origination for each hazardous waste treated by the process at the same
time shall be identified.
(ii) If a
single hazardous waste stream is identified in paragraph (b)(4)(i) of this
section, then the exit concentration limit (Ct) shall be 500 ppmw.
(iii) If more than one hazardous waste stream
is identified in paragraph (b)(4)(i) of this section, then the average VO
concentration of each hazardous waste stream at the point of waste origination
shall be determined in accordance with the requirements of paragraph (a) of
this section. The exit concentration limit (Ct) shall be calculated by using
the results determined for each individual hazardous waste stream and the
following equation:
where:
Ct = Exit concentration limit for treated hazardous waste, ppmw.
x = Individual hazardous waste stream "x" that has an average VO concentration less than 500 ppmw at the point of waste origination as determined in accordance with the requirements of § 265.1084(a) of this subsection.
y = Individual hazardous waste stream "y" that has an average VO concentration equal to or greater than 500 ppmw at the point of waste origination as determined in accordance with the requirements of §265.1084(a) of this subsection.
m = Total number of "x" hazardous waste streams treated by process.
n = Total number of "y" hazardous waste streams treated by process.
Qx = Annual mass quantity of hazardous waste stream "x," kg/yr.
Qy = Annual mass quantity of hazardous waste stream "y," kg/yr.
x = Average VO concentration of hazardous waste stream "x" at the point of waste origination as determined in accordance with the requirements of § 265.1084(a) of this subsection, ppmw.
(5) Procedure to determine the
organic reduction efficiency (R) for a treated hazardous waste.
(i) The organic reduction efficiency (R) for
a treatment process shall be determined based on results for a minimum of three
consecutive runs.
(ii) All
hazardous waste streams entering the treatment process and all hazardous waste
streams exiting the treatment process shall be identified. The owner or
operator shall prepare a sampling plan for measuring these streams that
accurately reflects the retention time of the hazardous waste in the
process.
(iii) For each run,
information shall be determined for each hazardous waste stream identified in
paragraph (b)(5)(ii) of this section using the following procedures:
(A) The mass quantity of each hazardous waste
stream entering the process (Qb) and the mass quantity
of each hazardous waste stream exiting the process (Qa)
shall be determined.
(B) The
average VO concentration at the point of waste origination of each hazardous
waste stream entering the process (b) during the run shall be determined in
accordance with the requirements of paragraph (a)(3) of this section. The
average VO concentration at the point of waste treatment of each waste stream
exiting the process (a) during the run shall be determined in accordance with
the requirements of paragraph (b)(3) of this section.
(iv) The waste volatile organic mass flow
entering the process (Eb) and the waste volatile organic mass flow exiting the
process (Ea) shall be calculated by using the results
determined in accordance with paragraph (b)(5)(iii) of this section and the
following equations:
where:
Ea = Waste volatile organic mass flow exiting process, kg/hr.
Eb = Waste volatile organic mass flow entering process, kg/hr.
m = Total number of runs (at least 3)
j = Individual run "j" Qb = Mass quantity of hazardous waste entering process during run "j," kg/hr.
Qa = Average mass quantity of hazardous waste exiting process during run "j," kg/hr.
a = Average VO concentration of hazardous waste exiting process during run "j" as determined in accordance with the requirements of '265.1084(b)(3) of this subsection, ppmw.
b = Average VO concentration of hazardous waste entering process during run "j" as determined in accordance with the requirements of § 265.1084(a)(3) of this subsection, ppmw.
(v) The organic reduction efficiency of the
process shall be calculated by using the results determined in accordance with
paragraph (b)(5)(iv) of this section and the following equation:
where:
R = Organic reduction efficiency, percent.
Eb = Waste volatile organic mass flow entering process as determined in accordance with the requirements of paragraph (b)(5)(iv) of this section, kg/hr.
Ea = Waste volatile organic mass flow exiting process as determined in accordance with the requirements of paragraph (b)(5)(iv) of this section, kg/hr.
(6) Procedure to determine the organic
biodegradation efficiency (Rbio) for a treated
hazardous waste.
(i) The fraction of organics
biodegraded (Fbio) shall be determined using the bio
procedure specified in 40 CFR part 63, appendix C.
(ii) The Rbio shall be
calculated by using the following equation:
where:
Rbio = Organic biodegradation efficiency, percent.
Fbio = Fraction of organic biodegraded as determined in accordance with the requirements of bio paragraph (b)(6)(i) of this section.
(7)
Procedure to determine the required organic mass removal rate (RMR) for a
treated hazardous waste.
(i) All of the
hazardous waste streams entering the treatment process shall be
identified.
(ii) The average VO
concentration of each hazardous waste stream at the point of waste origination
shall be determined in accordance with the requirements of paragraph (a) of
this section.
(iii) For each
individual hazardous waste stream that has an average VO concentration equal to
or greater than 500 ppmw at the point of waste origination, the average
volumetric flow rate and the density of the hazardous waste stream at the point
of waste origination shall be determined.
(iv) The RMR shall be calculated by using the
average VO concentration, average volumetric flow rate, and density determined
for each individual hazardous waste stream, and the following equation:
where:
RMR = Required organic mass removal rate, kg/hr.
y = Individual hazardous waste stream "y" that has an average VO concentration equal to or greater than 500 ppmw at the point of waste origination as determined in accordance with the requirements of § 265.1084(a) of this subsection.
n = Total number of "y" hazardous waste streams treated by process.
Vy = Average volumetric flow rate of hazardous waste stream "y" at the point of waste origination, m3/hr.
ky = Density of hazardous waste stream "y," kg/m3
y = Average VO concentration of hazardous waste stream "y" at the point of waste origination as determined in accordance with the requirements of § 265.1084(a) of this subsection, ppmw.
(8) Procedure to determine the
actual organic mass removal rate (MR) for a treated hazardous waste.
(i) The MR shall be determined based on
results for a minimum of three consecutive runs. The sampling time for each run
shall be 1 hour.
(ii) The waste
volatile organic mass flow entering the process (Eb)
and the waste volatile organic mass flow exiting the process
(Ea) shall be determined in accordance with the
requirements of paragraph (b)(5)(iv) of this section.
(iii) The MR shall be calculated by using the
mass flow rate determined in accordance with the requirements of paragraph
(b)(8)(ii) of this section and the following equation:
where:
MR = Actual organic mass removal rate, kg/hr.
Eb = Waste volatile organic mass flow entering process as determined in accordance with the requirements of paragraph (b)(5)(iv) of this section, kg/hr.
Ea = Waste volatile organic mass flow exiting process as determined in accordance with the requirements of paragraph (b)(5)(iv) of this section, kg/hr.
(9) Procedure to determine the actual organic
mass biodegradation rate (MRbio) for a treated hazardous
waste.
(i) The MRbio
shall be determined based on results for a minimum of three consecutive runs.
The sampling time for each run shall be 1 hour.
(ii) The waste organic mass flow entering the
process (Eb) shall be determined in accordance with the
requirements of paragraph (b)(5)(iv) of this section.
(iii) The fraction of organic biodegraded
(Fbio) shall be determined using the procedure specified
in 40 CFR part 63, appendix C.
(iv)
The MRbio shall be calculated by using the mass flow rates and fraction of
organic biodegraded determined in accordance with the requirements of
paragraphs (b)(9)(ii) and (b)(9)(iii) of this section, respectively, and the
following equation:
Where:
MRbio=Actual organic mass biodegradation rate, kg/hr.
Eb=Waste organic mass flow entering process as determined in accordance with the requirements of paragraph (b)(5)(iv) of this section, kg/hr.
Fbio=Fraction of organic biodegraded as determined in accordance with the requirements of paragraph (b)(9)(iii) of this section.
(c) Procedure to determine the maximum
organic vapor pressure of a hazardous waste in a tank.
(1) An owner or operator shall determine the
maximum organic vapor pressure for each hazardous waste placed in a tank using
Tank Level 1 controls in accordance with the standards specified in §
265.1085(c) of this subsection.
(2)
An owner or operator shall use either direct measurement as specified in
paragraph (c)(3) of this section or knowledge of the waste as specified by
paragraph (c)(4) of this section to determine the maximum organic vapor
pressure which is representative of the hazardous waste composition stored or
treated in the tank.
(3) Direct
measurement to determine the maximum organic vapor pressure of a hazardous
waste.
(i) Sampling. A sufficient number of
samples shall be collected to be representative of the waste contained in the
tank. All samples shall be collected and handled in accordance with written
procedures prepared by the owner or operator and documented in a site sampling
plan. This plan shall describe the procedure by which representative samples of
the hazardous waste are collected such that a minimum loss of organics occurs
throughout the sample collection and handling process and by which sample
integrity is maintained. A copy of the written sampling plan shall be
maintained on-site in the facility operating records. An example of acceptable
sample collection and handling procedures may be found in Method 25D in 40 CFR
part 60, appendix A.
(ii) Analysis.
Any appropriate one of the following methods may be used to analyze the samples
and compute the maximum organic vapor pressure of the hazardous waste:
(A) Method 25E in 40 CFR part 60 appendix
A;
(B) Methods described in
American Petroleum Institute Publication 2517, Third Edition, February 1989,
"Evaporative Loss from External Floating-Roof Tanks," (incorporated by
reference - refer to § 260.11 of this rule);
(C) Methods obtained from standard reference
texts;
(D) ASTM Method 2879-92
(incorporated by reference - refer to § 260.11 of this rule); or
(E) Any other method approved by the
Director.
(4)
Use of knowledge to determine the maximum organic vapor pressure of the
hazardous waste. Documentation shall be prepared and recorded that presents the
information used as the basis for the owner's or operator's knowledge that the
maximum organic vapor pressure of the hazardous waste is less than the maximum
vapor pressure limit listed in § 265.1085(b)(1)(i) of this subsection for
the applicable tank design capacity category. An example of information that
may be used is documentation that the hazardous waste is generated by a process
for which at other locations it previously has been determined by direct
measurement that the waste maximum organic vapor pressure is less than the
maximum vapor pressure limit for the appropriate tank design capacity
category.
(d) Procedure
for determining no detectable organic emissions for the purpose of complying
with this subsection:
(1) The test shall be
conducted in accordance with the procedures specified in Method 21 of 40 CFR
part 60, appendix A. Each potential leak interface (i.e., a location where
organic vapor leakage could occur) on the cover and associated closure devices
shall be checked. Potential leak interfaces that are associated with covers and
closure devices include, but are not limited to: The interface of the cover and
its foundation mounting; the periphery of any opening on the cover and its
associated closure device; and the sealing seat interface on a spring-loaded
pressure relief valve.
(2) The test
shall be performed when the unit contains a hazardous waste having an organic
concentration representative of the range of concentrations for the hazardous
waste expected to be managed in the unit. During the test, the cover and
closure devices shall be secured in the closed position.
(3) The detection instrument shall meet the
performance criteria of Method 21 of 40 CFR part 60, appendix A, except the
instrument response factor criteria in section 3.1.2(a) of Method 21 shall be
for the average composition of the organic constituents in the hazardous waste
placed in the waste management unit, not for each individual organic
constituent.
(4) The detection
instrument shall be calibrated before use on each day of its use by the
procedures specified in Method 21 of 40 CFR part 60, appendix A.
(5) Calibration gases shall be as follows:
(i) Zero air (less than 10 ppmv hydrocarbon
in air), and
(ii) A mixture of
methane or n-hexane and air at a concentration of approximately, but less than,
10,000 ppmv methane or n-hexane.
(6) The background level shall be determined
according to the procedures in Method 21 of 40 CFR part 60, appendix
A.
(7) Each potential leak
interface shall be checked by traversing the instrument probe around the
potential leak interface as close to the interface as possible, as described in
Method 21 of 40 CFR part 60, appendix A. In the case when the configuration of
the cover or closure device prevents a complete traverse of the interface, all
accessible portions of the interface shall be sampled. In the case when the
configuration of the closure device prevents any sampling at the interface and
the device is equipped with an enclosed extension or horn (e.g., some pressure
relief devices), the instrument probe inlet shall be placed at approximately
the center of the exhaust area to the atmosphere.
(8) The arithmetic difference between the
maximum organic concentration indicated by the instrument and the background
level shall be compared with the value of 500 ppmv except when monitoring a
seal around a rotating shaft that passes through a cover opening, in which case
the comparison shall be as specified in paragraph (d)(9) of this section. If
the difference is less than 500 ppmv, then the potential leak interface is
determined to operate with no detectable organic emissions.
(9) For the seals around a rotating shaft
that passes through a cover opening, the arithmetic difference between the
maximum organic concentration indicated by the instrument and the background
level shall be compared with the value of 10,000 ppmw. If the difference is
less than 10,000 ppmw, then the potential leak interface is determined to
operate with no detectable organic emissions.
§ 265.1085
Standards: Tanks
(a) The provisions of this section apply to
the control of air pollutant emissions from tanks for which § 265.1083(b)
of this subsection references the use of this section for such air emission
control.
(b) The owner or operator
shall control air pollutant emissions from each tank subject to this section in
accordance with the following requirements, as applicable:
(1) For a tank that manages hazardous waste
that meets all of the conditions specified in paragraphs (b)(1)(i) through
(b)(1)(iii) of this section, the owner or operator shall control air pollutant
emissions from the tank in accordance with the Tank Level 1 controls specified
in paragraph (c) of this section or the Tank Level 2 controls specified in
paragraph (d) of this section.
(i) The
hazardous waste in the tank has a maximum organic vapor pressure which is less
than the maximum organic vapor pressure limit for the tank's design capacity
category as follows:
(A) For a tank design
capacity equal to or greater than 151 m3, the
maximum organic vapor pressure limit for the tank is 5.2 kPa.
(B) For a tank design capacity equal to or
greater than 75 m3 but less than 151
m3, the maximum organic vapor pressure limit for the
tank is 27.6 kPa.
(C) For a tank
design capacity less than 75 m3, the maximum organic
vapor pressure limit for the tank is 76.6 kPa.
(ii) The hazardous waste in the tank is not
heated by the owner or operator to a temperature that is greater than the
temperature at which the maximum organic vapor pressure of the hazardous waste
is determined for the purpose of complying with paragraph (b)(1)(i) of this
section.
(iii) The hazardous waste
in the tank is not treated by the owner or operator using a waste stabilization
process, as defined in § 265.1081 of this subsection.
(2) For a tank that manages hazardous waste
that does not meet all of the conditions specified in paragraphs (b)(1)(i)
through (b)(1)(iii) of this section, the owner or operator shall control air
pollutant emissions from the tank by using Tank Level 2 controls in accordance
with the requirements of paragraph (d) of this section. Examples of tanks
required to use Tank Level 2 controls include: A tank used for a waste
stabilization process; and a tank for which the hazardous waste in the tank has
a maximum organic vapor pressure that is equal to or greater than the maximum
organic vapor pressure limit for the tank's design capacity category as
specified in paragraph (b)(1)(i) of this section.
(c) Owners and operators controlling air
pollutant emissions from a tank using Tank Level 1 controls shall meet the
requirements specified in paragraphs (c)(1) through (c)(4) of this section:
(1) The owner or operator shall determine the
maximum organic vapor pressure for a hazardous waste to be managed in the tank
using Tank Level 1 controls before the first time the hazardous waste is placed
in the tank. The maximum organic vapor pressure shall be determined using the
procedures specified in § 265.1084(c) of this subsection. Thereafter, the
owner or operator shall perform a new determination whenever changes to the
hazardous waste managed in the tank could potentially cause the maximum organic
vapor pressure to increase to a level that is equal to or greater than the
maximum organic vapor pressure limit for the tank design capacity category
specified in paragraph (b)(1)(i) of this section, as applicable to the
tank.
(2) The tank shall be
equipped with a fixed roof designed to meet the following specifications:
(i) The fixed roof and its closure devices
shall be designed to form a continuous barrier over the entire surface area of
the hazardous waste in the tank. The fixed roof may be a separate cover
installed on the tank (e.g., a removable cover mounted on an open-top tank) or
may be an integral section of the tank structural design (e.g., a horizontal
cylindrical tank equipped with a hatch).
(ii) The fixed roof shall be installed in a
manner such that there are no visible cracks, holes, gaps, or other open spaces
between roof section joints or between the interface of the roof edge and the
tank wall.
(iii) Each opening in
the fixed roof, and any manifold system associated with the fixed roof, shall
be either:
(A) Equipped with a closure device
designed to operate such that when the closure device is secured in the closed
position there are no visible cracks, holes, gaps, or other open spaces in the
closure device or between the perimeter of the opening and the closure device;
or
(B) Connected by a closed-vent
system that is vented to a control device. The control device shall remove or
destroy organics in the vent stream, and shall be operating whenever hazardous
waste is managed in the tank, except as provided for in paragraphs
(c)(2)(iii)(B)(1) and (2) of this section.
(1)
During periods it is necessary to provide access to the tank for performing the
activities of paragraph (c)(2)(iii)(B)(2) of this section, venting of the vapor
headspace underneath the fixed roof to the control device is not required,
opening of closure devices is allowed, and removal of the fixed roof is
allowed. Following completion of the activity, the owner or operator shall
promptly secure the closure device in the closed position or reinstall the
cover, as applicable, and resume operation of the control device.
(2) During periods of routine inspection,
maintenance, or other activities needed for normal operations, and for the
removal of accumulated sludge or other residues from the bottom of the
tank.
(iv) The
fixed roof and its closure devices shall be made of suitable materials that
will minimize exposure of the hazardous waste to the atmosphere, to the extent
practical, and will maintain the integrity of the fixed roof and closure
devices throughout their intended service life. Factors to be considered when
selecting the materials for and designing the fixed roof and closure devices
shall include: Organic vapor permeability, the effects of any contact with the
hazardous waste or its vapors managed in the tank; the effects of outdoor
exposure to wind, moisture, and sunlight; and the operating practices used for
the tank on which the fixed roof is installed.
(3) Whenever a hazardous waste is in the
tank, the fixed roof shall be installed with each closure device secured in the
closed position except as follows:
(i)
Opening of closure devices or removal of the fixed roof is allowed at the
following times:
(A) To provide access to the
tank for performing routine inspection, maintenance, or other activities needed
for normal operations. Examples of such activities include those times when a
worker needs to open a port to sample the liquid in the tank, or when a worker
needs to open a hatch to maintain or repair equipment. Following completion of
the activity, the owner or operator shall promptly secure the closure device in
the closed position or reinstall the cover, as applicable, to the
tank.
(B) To remove accumulated
sludge or other residues from the bottom of tank.
(ii) Opening of a spring-loaded
pressure-vacuum relief valve, conservation vent, or similar type of pressure
relief device which vents to the atmosphere is allowed during normal operations
for the purpose of maintaining the tank internal pressure in accordance with
the tank design specifications. The device shall be designed to operate with no
detectable organic emissions when the device is secured in the closed position.
The settings at which the device opens shall be established such that the
device remains in the closed position whenever the tank internal pressure is
within the internal pressure operating range determined by the owner or
operator based on the tank manufacturer recommendations, applicable
regulations, fire protection and prevention codes, standard engineering codes
and practices, or other requirements for the safe handling of flammable,
ignitable, explosive, reactive, or hazardous materials. Examples of normal
operating conditions that may require these devices to open are during those
times when the tank internal pressure exceeds the internal pressure operating
range for the tank as a result of loading operations or diurnal ambient
temperature fluctuations.
(iii)
Opening of a safety device, as defined in § 265.1081 of this subsection,
is allowed at any time conditions require doing so to avoid an unsafe
condition.
(4) The owner
or operator shall inspect the air emission control equipment in accordance with
the following requirements.
(i) The fixed
roof and its closure devices shall be visually inspected by the owner or
operator to check for defects that could result in air pollutant emissions.
Defects include, but are not limited to, visible cracks, holes, or gaps in the
roof sections or between the roof and the tank wall; broken, cracked, or
otherwise damaged seals or gaskets on closure devices; and broken or missing
hatches, access covers, caps, or other closure devices.
(ii) The owner or operator shall perform an
initial inspection of the fixed roof and its closure devices on or before the
date that the tank becomes subject to this section. Thereafter, the owner or
operator shall perform the inspections at least once every year except under
the special conditions provided for in paragraph (l) of this section.
(iii) In the event that a defect is detected,
the owner or operator shall repair the defect in accordance with the
requirements of paragraph (k) of this section.
(iv) The owner or operator shall maintain a
record of the inspection in accordance with the requirements specified in
§ 265.1090(b) of this subsection.
(d) Owners and operators controlling air
pollutant emissions from a tank using Tank Level 2 controls shall use one of
the following tanks:
(1) A fixed-roof tank
equipped with an internal floating roof in accordance with the requirements
specified in paragraph (e) of this section;
(2) A tank equipped with an external floating
roof in accordance with the requirements specified in paragraph (f) of this
section;
(3) A tank vented through
a closed-vent system to a control device in accordance with the requirements
specified in paragraph (g) of this section;
(4) A pressure tank designed and operated in
accordance with the requirements specified in paragraph (h) of this section;
or
(5) A tank located inside an
enclosure that is vented through a closed-vent system to an enclosed combustion
control device in accordance with the requirements specified in paragraph (i)
of this section.
(e) The
owner or operator who controls air pollutant emissions from a tank using a
fixed-roof with an internal floating roof shall meet the requirements specified
in paragraphs (e)(1) through (e)(3) of this section.
(1) The tank shall be equipped with a fixed
roof and an internal floating roof in accordance with the following
requirements:
(i) The internal floating roof
shall be designed to float on the liquid surface except when the floating roof
must be supported by the leg supports.
(ii) The internal floating roof shall be
equipped with a continuous seal between the wall of the tank and the floating
roof edge that meets either of the following requirements:
(A) A single continuous seal that is either a
liquid-mounted seal or a metallic shoe seal, as defined in § 265.1081 of
this subsection; or
(B) Two
continuous seals mounted one above the other. The lower seal may be a
vapor-mounted seal.
(iii)
The internal floating roof shall meet the following specifications:
(A) Each opening in a noncontact internal
floating roof except for automatic bleeder vents (vacuum breaker vents) and the
rim space vents is to provide a projection below the liquid surface.
(B) Each opening in the internal floating
roof shall be equipped with a gasketed cover or a gasketed lid except for leg
sleeves, automatic bleeder vents, rim space vents, column wells, ladder wells,
sample wells, and stub drains.
(C)
Each penetration of the internal floating roof for the purpose of sampling
shall have a slit fabric cover that covers at least 90 percent of the
opening.
(D) Each automatic bleeder
vent and rim space vent shall be gasketed.
(E) Each penetration of the internal floating
roof that allows for passage of a ladder shall have a gasketed sliding
cover.
(F) Each penetration of the
internal floating roof that allows for passage of a column supporting the fixed
roof shall have a flexible fabric sleeve seal or a gasketed sliding
cover.
(2) The
owner or operator shall operate the tank in accordance with the following
requirements:
(i) When the floating roof is
resting on the leg supports, the process of filling, emptying, or refilling
shall be continuous and shall be completed as soon as practical.
(ii) Automatic bleeder vents are to be set
closed at all times when the roof is floating, except when the roof is being
floated off or is being landed on the leg supports.
(iii) Prior to filling the tank, each cover,
access hatch, gauge float well or lid on any opening in the internal floating
roof shall be bolted or fastened closed (i.e., no visible gaps). Rim space
vents are to be set to open only when the internal floating roof is not
floating or when the pressure beneath the rim exceeds the manufacturer's
recommended setting.
(3)
The owner or operator shall inspect the internal floating roof in accordance
with the procedures specified as follows:
(i)
The floating roof and its closure devices shall be visually inspected by the
owner or operator to check for defects that could result in air pollutant
emissions. Defects include, but are not limited to: The internal floating roof
is not floating on the surface of the liquid inside the tank; liquid has
accumulated on top of the internal floating roof; any portion of the roof seals
have detached from the roof rim; holes, tears, or other openings are visible in
the seal fabric; the gaskets no longer close off the hazardous waste surface
from the atmosphere; or the slotted membrane has more than 10 percent open
area.
(ii) The owner or operator
shall inspect the internal floating roof components as follows except as
provided in paragraph (e)(3)(iii) of this section:
(A) Visually inspect the internal floating
roof components through openings on the fixed-roof (e.g., manholes and roof
hatches) at least once every 12 months after initial fill, and
(B) Visually inspect the internal floating
roof, primary seal, secondary seal (if one is in service), gaskets, slotted
membranes, and sleeve seals (if any) each time the tank is emptied and degassed
and at least every 10 years.
(iii) As an alternative to performing the
inspections specified in paragraph (e)(3)(ii) of this section for an internal
floating roof equipped with two continuous seals mounted one above the other,
the owner or operator may visually inspect the internal floating roof, primary
and secondary seals, gaskets, slotted membranes, and sleeve seals (if any) each
time the tank is emptied and degassed and at least every 5 years.
(iv) Prior to each inspection required by
paragraph (e)(3)(ii) or (e)(3)(iii) of this section, the owner or operator
shall notify the Director in advance of each inspection to provide the Director
with the opportunity to have an observer present during the inspection. The
owner or operator shall notify the Director of the date and location of the
inspection as follows:
(A) Prior to each
visual inspection of an internal floating roof in a tank that has been emptied
and degassed, written notification shall be prepared and sent by the owner or
operator so that it is received by the Director at least 30 calendar days
before refilling the tank except when an inspection is not planned as provided
for in paragraph (e)(3)(iv)(B) of this section.
(B) When a visual inspection is not planned
and the owner or operator could not have known about the inspection 30 calendar
days before refilling the tank, the owner or operator shall notify the Director
as soon as possible, but no later than 7 calendar days before refilling of the
tank. This notification may be made by telephone and immediately followed by a
written explanation for why the inspection is unplanned. Alternatively, written
notification, including the explanation for the unplanned inspection, may be
sent so that it is received by the Director at least 7 calendar days before
refilling the tank.
(v)
In the event that a defect is detected, the owner or operator shall repair the
defect in accordance with the requirements of paragraph (k) of this
section.
(vi) The owner or operator
shall maintain a record of the inspection in accordance with the requirements
specified in '265.1090(b) of this subsection.
(4) Safety devices, as defined in §
265.1081 of this subsection, may be installed and operated as necessary on any
tank complying with the requirements of paragraph (e) of this
section.
(f) The owner or
operator who controls air pollutant emissions from a tank using an external
floating roof shall meet the requirements specified in paragraphs (f)(1)
through (f)(3) of this section.
(1) The owner
or operator shall design the external floating roof in accordance with the
following requirements:
(i) The external
floating roof shall be designed to float on the liquid surface except when the
floating roof must be supported by the leg supports.
(ii) The floating roof shall be equipped with
two continuous seals, one above the other, between the wall of the tank and the
roof edge. The lower seal is referred to as the primary seal, and the upper
seal is referred to as the secondary seal.
(A)
The primary seal shall be a liquid-mounted seal or a metallic shoe seal, as
defined in § 265.1081 of this subsection. The total area of the gaps
between the tank wall and the primary seal shall not exceed 212 square
centimeters (cm2) per meter of tank diameter, and
the width of any portion of these gaps shall not exceed 3.8 centimeters (cm).
If a metallic shoe seal is used for the primary seal, the metallic shoe seal
shall be designed so that one end extends into the liquid in the tank and the
other end extends a vertical distance of at least 61 centimeters above the
liquid surface.
(B) The secondary
seal shall be mounted above the primary seal and cover the annular space
between the floating roof and the wall of the tank. The total area of the gaps
between the tank wall and the secondary seal shall not exceed 21.2 square
centimeters (cm2) per meter of tank diameter, and
the width of any portion of these gaps shall not exceed 1.3 centimeters
(cm).
(iii) The external
floating roof shall meet the following specifications:
(A) Except for automatic bleeder vents
(vacuum breaker vents) and rim space vents, each opening in a noncontact
external floating roof shall provide a projection below the liquid
surface.
(B) Except for automatic
bleeder vents, rim space vents, roof drains, and leg sleeves, each opening in
the roof shall be equipped with a gasketed cover, seal, or lid.
(C) Each access hatch and each gauge float
well shall be equipped with a cover designed to be bolted or fastened when the
cover is secured in the closed position.
(D) Each automatic bleeder vent and each rim
space vent shall be equipped with a gasket.
(E) Each roof drain that empties into the
liquid managed in the tank shall be equipped with a slotted membrane fabric
cover that covers at least 90 percent of the area of the opening.
(F) Each unslotted and slotted guide pole
well shall be equipped with a gasketed sliding cover or a flexible fabric
sleeve seal.
(G) Each unslotted
guide pole shall be equipped with a gasketed cap on the end of the
pole.
(H) Each slotted guide pole
shall be equipped with a gasketed float or other device which closes off the
liquid surface from the atmosphere.
(I) Each gauge hatch and each sample well
shall be equipped with a gasketed cover.
(2) The owner or operator shall operate the
tank in accordance with the following requirements:
(i) When the floating roof is resting on the
leg supports, the process of filling, emptying, or refilling shall be
continuous and shall be completed as soon as practical.
(ii) Except for automatic bleeder vents, rim
space vents, roof drains, and leg sleeves, each opening in the roof shall be
secured and maintained in a closed position at all times except when the
closure device must be open for access.
(iii) Covers on each access hatch and each
gauge float well shall be bolted or fastened when secured in the closed
position.
(iv) Automatic bleeder
vents shall be set closed at all times when the roof is floating, except when
the roof is being floated off or is being landed on the leg supports.
(v) Rim space vents shall be set to open only
at those times that the roof is being floated off the roof leg supports or when
the pressure beneath the rim seal exceeds the manufacturer's recommended
setting.
(vi) The cap on the end of
each unslotted guide pole shall be secured in the closed position at all times
except when measuring the level or collecting samples of the liquid in the
tank.
(vii) The cover on each gauge
hatch or sample well shall be secured in the closed position at all times
except when the hatch or well must be opened for access.
(viii) Both the primary seal and the
secondary seal shall completely cover the annular space between the external
floating roof and the wall of the tank in a continuous fashion except during
inspections.
(3) The
owner or operator shall inspect the external floating roof in accordance with
the procedures specified as follows:
(i) The
owner or operator shall measure the external floating roof seal gaps in
accordance with the following requirements:
(A) The owner or operator shall perform
measurements of gaps between the tank wall and the primary seal within 60
calendar days after initial operation of the tank following installation of the
floating roof and, thereafter, at least once every 5 years.
(B) The owner or operator shall perform
measurements of gaps between the tank wall and the secondary seal within 60
calendar days after initial operation of the tank following installation of the
floating roof and, thereafter, at least once every year.
(C) If a tank ceases to hold hazardous waste
for a period of 1 year or more, subsequent introduction of hazardous waste into
the tank shall be considered an initial operation for the purposes of
paragraphs (f)(3)(i)(A) and (f)(3)(i)(B) of this section.
(D) The owner or operator shall determine the
total surface area of gaps in the primary seal and in the secondary seal
individually using the following procedure:
(1) The seal gap measurements shall be
performed at one or more floating roof levels when the roof is floating off the
roof supports.
(2) Seal gaps, if
any, shall be measured around the entire perimeter of the floating roof in each
place where a 0.32-centimeter (cm) diameter uniform probe passes freely
(without forcing or binding against the seal) between the seal and the wall of
the tank and measure the circumferential distance of each such
location.
(3) For a seal gap
measured under paragraph (f)(3) of this section, the gap surface area shall be
determined by using probes of various widths to measure accurately the actual
distance from the tank wall to the seal and multiplying each such width by its
respective circumferential distance.
(4) The total gap area shall be calculated by
adding the gap surface areas determined for each identified gap location for
the primary seal and the secondary seal individually, and then dividing the sum
for each seal type by the nominal diameter of the tank. These total gap areas
for the primary seal and secondary seal are then are compared to the respective
standards for the seal type as specified in paragraph (f)(1)(ii) of this
section.
(E) In the event
that the seal gap measurements do not conform to the specifications in
paragraph (f)(1)(ii) of this section, the owner or operator shall repair the
defect in accordance with the requirements of paragraph (k) of this
section.
(F) The owner or operator
shall maintain a record of the inspection in accordance with the requirements
specified in § 265.1090(b) of this subsection.
(ii) The owner or operator shall visually
inspect the external floating roof in accordance with the following
requirements:
(A) The floating roof and its
closure devices shall be visually inspected by the owner or operator to check
for defects that could result in air pollutant emissions. Defects include, but
are not limited to: Holes, tears, or other openings in the rim seal or seal
fabric of the floating roof; a rim seal detached from the floating roof; all or
a portion of the floating roof deck being submerged below the surface of the
liquid in the tank; broken, cracked, or otherwise damaged seals or gaskets on
closure devices; and broken or missing hatches, access covers, caps, or other
closure devices.
(B) The owner or
operator shall perform an initial inspection of the external floating roof and
its closure devices on or before the date that the tank becomes subject to this
section. Thereafter, the owner or operator shall perform the inspections at
least once every year except for the special conditions provided for in
paragraph (l) of this section.
(C)
In the event that a defect is detected, the owner or operator shall repair the
defect in accordance with the requirements of paragraph (k) of this
section.
(D) The owner or operator
shall maintain a record of the inspection in accordance with the requirements
specified in § 265.1090(b) of this subsection.
(iii) Prior to each inspection required by
paragraph (f)(3)(i) or (f)(3)(ii) of this section, the owner or operator shall
notify the Director in advance of each inspection to provide the Director with
the opportunity to have an observer present during the inspection. The owner or
operator shall notify the Director of the date and location of the inspection
as follows:
(A) Prior to each inspection to
measure external floating roof seal gaps as required under paragraph (f)(3)(i)
of this section, written notification shall be prepared and sent by the owner
or operator so that it is received by the Director at least 30 calendar days
before the date the measurements are scheduled to be performed.
(B) Prior to each visual inspection of an
external floating roof in a tank that has been emptied and degassed, written
notification shall be prepared and sent by the owner or operator so that it is
received by the Director at least 30 calendar days before refilling the tank
except when an inspection is not planned as provided for in paragraph
(f)(3)(iii)(C) of this section.
(C)
When a visual inspection is not planned and the owner or operator could not
have known about the inspection 30 calendar days before refilling the tank, the
owner or operator shall notify the Director as soon as possible, but no later
than 7 calendar days before refilling of the tank. This notification may be
made by telephone and immediately followed by a written explanation for why the
inspection is unplanned. Alternatively, written notification, including the
explanation for the unplanned inspection, may be sent so that it is received by
the Director at least 7 calendar days before refilling the tank.
(4) Safety devices, as
defined in § 265.1081 of this subsection, may be installed and operated as
necessary on any tank complying with the requirements of paragraph (f) of this
section.
(g) The owner or
operator who controls air pollutant emissions from a tank by venting the tank
to a control device shall meet the requirements specified in paragraphs (g)(1)
through (g)(3) of this section.
(1) The tank
shall be covered by a fixed roof and vented directly through a closed-vent
system to a control device in accordance with the following requirements:
(i) The fixed roof and its closure devices
shall be designed to form a continuous barrier over the entire surface area of
the liquid in the tank.
(ii) Each
opening in the fixed roof not vented to the control device shall be equipped
with a closure device. If the pressure in the vapor headspace underneath the
fixed roof is less than atmospheric pressure when the control device is
operating, the closure devices shall be designed to operate such that when the
closure device is secured in the closed position there are no visible cracks,
holes, gaps, or other open spaces in the closure device or between the
perimeter of the cover opening and the closure device. If the pressure in the
vapor headspace underneath the fixed roof is equal to or greater than
atmospheric pressure when the control device is operating, the closure device
shall be designed to operate with no detectable organic emissions.
(iii) The fixed roof and its closure devices
shall be made of suitable materials that will minimize exposure of the
hazardous waste to the atmosphere, to the extent practical, and will maintain
the integrity of the fixed roof and closure devices throughout their intended
service life. Factors to be considered when selecting the materials for and
designing the fixed roof and closure devices shall include: Organic vapor
permeability, the effects of any contact with the liquid and its vapor managed
in the tank; the effects of outdoor exposure to wind, moisture, and sunlight;
and the operating practices used for the tank on which the fixed roof is
installed.
(iv) The closed-vent
system and control device shall be designed and operated in accordance with the
requirements of § 265.1088 of this subsection.
(2) Whenever a hazardous waste is in the
tank, the fixed roof shall be installed with each closure device secured in the
closed position and the vapor headspace underneath the fixed roof vented to the
control device except as follows:
(i) Venting
to the control device is not required, and opening of closure devices or
removal of the fixed roof is allowed at the following times:
(A) To provide access to the tank for
performing routine inspection, maintenance, or other activities needed for
normal operations. Examples of such activities include those times when a
worker needs to open a port to sample liquid in the tank, or when a worker
needs to open a hatch to maintain or repair equipment. Following completion of
the activity, the owner or operator shall promptly secure the closure device in
the closed position or reinstall the cover, as applicable, to the
tank.
(B) To remove accumulated
sludge or other residues from the bottom of a tank.
(ii) Opening of a safety device, as defined
in § 265.1081 of this subsection, is allowed at any time conditions
require doing so to avoid an unsafe condition.
(3) The owner or operator shall inspect and
monitor the air emission control equipment in accordance with the following
procedures:
(i) The fixed roof and its closure
devices shall be visually inspected by the owner or operator to check for
defects that could result in air pollutant emissions. Defects include, but are
not limited to, visible cracks, holes, or gaps in the roof sections or between
the roof and the tank wall; broken, cracked, or otherwise damaged seals or
gaskets on closure devices; and broken or missing hatches, access covers, caps,
or other closure devices.
(ii) The
closed-vent system and control device shall be inspected and monitored by the
owner or operator in accordance with the procedures specified in §
265.1088 of this subsection.
(iii)
The owner or operator shall perform an initial inspection of the air emission
control equipment on or before the date that the tank becomes subject to this
section. Thereafter, the owner or operator shall perform the inspections at
least once every year except for the special conditions provided for in
paragraph (l) of this section.
(iv)
In the event that a defect is detected, the owner or operator shall repair the
defect in accordance with the requirements of paragraph (k) of this
section.
(v) The owner or operator
shall maintain a record of the inspection in accordance with the requirements
specified in § 265.1090(b) of this subsection.
(h) The owner or operator who
controls air pollutant emissions by using a pressure tank shall meet the
following requirements.
(1) The tank shall be
designed not to vent to the atmosphere as a result of compression of the vapor
headspace in the tank during filling of the tank to its design
capacity.
(2) All tank openings
shall be equipped with closure devices designed to operate with no detectable
organic emissions as determined using the procedure specified in §
265.1084(d) of this subsection.
(3)
Whenever a hazardous waste is in the tank, the tank shall be operated as a
closed system that does not vent to the atmosphere except under either of the
following conditions as specified in paragraph (h)(3)(i) or (h)(3)(ii) of this
section.
(i) At those times when opening of a
safety device, as defined in § 265.1081 of this subsection, is required to
avoid an unsafe condition.
(ii) At
those times when purging of inerts from the tank is required and the purge
stream is routed to a closed-vent system and control device designed and
operated in accordance with the requirements of § 265.1088 of this
subsection.
(i)
The owner or operator who controls air pollutant emissions by using an
enclosure vented through a closed-vent system to an enclosed combustion control
device shall meet the requirements specified in paragraphs (i)(1) through
(i)(4) of this section.
(1) The tank shall be
located inside an enclosure. The enclosure shall be designed and operated in
accordance with the criteria for a permanent total enclosure as specified in
"Procedure T - Criteria for and Verification of a Permanent or Temporary Total
Enclosure" under
40
CFR 52.741, Appendix B. The enclosure may
have permanent or temporary openings to allow worker access; passage of
material into or out of the enclosure by conveyor, vehicles, or other
mechanical means; entry of permanent mechanical or electrical equipment; or
direct airflow into the enclosure. The owner or operator shall perform the
verification procedure for the enclosure as specified in Section 5.0 to
"Procedure T - Criteria for and Verification of a Permanent or Temporary Total
Enclosure" initially when the enclosure is first installed and, thereafter,
annually.
(2) The enclosure shall
be vented through a closed-vent system to an enclosed combustion control device
that is designed and operated in accordance with the standards for either a
vapor incinerator, boiler, or process heater specified in § 265.1088 of
this subsection.
(3) Safety
devices, as defined in § 265.1081 of this subsection, may be installed and
operated as necessary on any enclosure, closed-vent system, or control device
used to comply with the requirements of paragraphs (i)(1) and (i)(2) of this
section.
(4) The owner or operator
shall inspect and monitor the closed-vent system and control device as
specified in § 265.1088 of this subsection.
(j) The owner or operator shall transfer
hazardous waste to a tank subject to this section in accordance with the
following requirements:
(1) Transfer of
hazardous waste, except as provided in paragraph (j)(2) of this section, to the
tank from another tank subject to this section or from a surface impoundment
subject to § 265.1086 of this subsection shall be conducted using
continuous hard-piping or another closed system that does not allow exposure of
the hazardous waste to the atmosphere. For the purpose of complying with this
provision, an individual drain system is considered to be a closed system when
it meets the requirements of 40 CFR part 63, subpart RR - National Emission
Standards for Individual Drain Systems.
(2) The requirements of paragraph (j)(1) do
not apply when transferring a hazardous waste to the tank under any of the
following conditions:
(i) The hazardous waste
meets the average VO concentration conditions specified in §
265.1083(c)(1) of this subsection at the point of waste origination.
(ii) The hazardous waste has been treated by
an organic destruction or removal process to meet the requirements in §
265.1083(c)(2) of this subsection.
(iii) The hazardous waste meets the
requirements of § 265.1083(c)(4) of this subsection.
(k) The owner or operator shall
repair each defect detected during an inspection performed in accordance with
the requirements of paragraphs (c)(4), (e)(3), (f)(3), or (g)(3) of this
section as follows:
(1) The owner or operator
shall make first efforts at repair of the defect no later than 5 calendar days
after detection, and repair shall be completed as soon as possible but no later
than 45 calendar days after detection except as provided in paragraph (k)(2) of
this section.
(2) Repair of a
defect may be delayed beyond 45 calendar days if the owner or operator
determines that repair of the defect requires emptying or temporary removal
from service of the tank and no alternative tank capacity is available at the
site to accept the hazardous waste normally managed in the tank. In this case,
the owner or operator shall repair the defect the next time the process or unit
that is generating the hazardous waste managed in the tank stops operation.
Repair of the defect shall be completed before the process or unit resumes
operation.
(l) Following
the initial inspection and monitoring of the cover as required by the
applicable provisions of this subsection, subsequent inspection and monitoring
may be performed at intervals longer than 1 year under the following special
conditions:
(1) In the case when inspecting
or monitoring the cover would expose a worker to dangerous, hazardous, or other
unsafe conditions, then the owner or operator may designate a cover as an
"unsafe to inspect and monitor cover" and comply with all of the following
requirements:
(i) Prepare a written
explanation for the cover stating the reasons why the cover is unsafe to
visually inspect or to monitor, if required.
(ii) Develop and implement a written plan and
schedule to inspect and monitor the cover, using the procedures specified in
the applicable section of this subsection, as frequently as practicable during
those times when a worker can safely access the cover.
(2) In the case when a tank is buried
partially or entirely underground, an owner or operator is required to inspect
and monitor, as required by the applicable provisions of this section, only
those portions of the tank cover and those connections to the tank (e.g., fill
ports, access hatches, gauge wells, etc.) that are located on or above the
ground surface.
§
265.1086
Standards: surface impoundments
(a) The provisions of this section apply to
the control of air pollutant emissions from surface impoundments for which
§ 265.1083(b) of this subsection references the use of this section for
such air emission control.
(b) The
owner or operator shall control air pollutant emissions from the surface
impoundment by installing and operating either of the following:
(1) A floating membrane cover in accordance
with the provisions specified in paragraph (c) of this section; or
(2) A cover that is vented through a
closed-vent system to a control device in accordance with the provisions
specified in paragraph (d) of this section.
(c) The owner or operator who controls air
pollutant emissions from a surface impoundment using a floating membrane cover
shall meet the requirements specified in paragraphs (c)(1) through (c)(3) of
this section.
(1) The surface impoundment
shall be equipped with a floating membrane cover designed to meet the following
specifications:
(i) The floating membrane
cover shall be designed to float on the liquid surface during normal operations
and form a continuous barrier over the entire surface area of the
liquid.
(ii) The cover shall be
fabricated from a synthetic membrane material that is either:
(A) High density polyethylene (HDPE) with a
thickness no less than 2.5 millimeters (mm); or
(B) A material or a composite of different
materials determined to have both organic permeability properties that are
equivalent to those of the material listed in paragraph (c)(1)(ii)(A) of this
section and chemical and physical properties that maintain the material
integrity for the intended service life of the material.
(iii) The cover shall be installed in a
manner such that there are no visible cracks, holes, gaps, or other open spaces
between cover section seams or between the interface of the cover edge and its
foundation mountings.
(iv) Except
as provided for in paragraph (c)(1)(v) of this section, each opening in the
floating membrane cover shall be equipped with a closure device designed to
operate such that when the closure device is secured in the closed position
there are no visible cracks, holes, gaps, or other open spaces in the closure
device or between the perimeter of the cover opening and the closure
device.
(v) The floating membrane
cover may be equipped with one or more emergency cover drains for removal of
stormwater. Each emergency cover drain shall be equipped with a slotted
membrane fabric cover that covers at least 90 percent of the area of the
opening or a flexible fabric sleeve seal.
(vi) The closure devices shall be made of
suitable materials that will minimize exposure of the hazardous waste to the
atmosphere, to the extent practical, and will maintain the integrity of the
closure devices throughout their intended service life. Factors to be
considered when selecting the materials of construction and designing the cover
and closure devices shall include: Organic vapor permeability; the effects of
any contact with the liquid and its vapor managed in the surface impoundment;
the effects of outdoor exposure to wind, moisture, and sunlight; and the
operating practices used for the surface impoundment on which the floating
membrane cover is installed.
(2) Whenever a hazardous waste is in the
surface impoundment, the floating membrane cover shall float on the liquid and
each closure device shall be secured in the closed position except as follows:
(i) Opening of closure devices or removal of
the cover is allowed at the following times:
(A) To provide access to the surface
impoundment for performing routine inspection, maintenance, or other activities
needed for normal operations. Examples of such activities include those times
when a worker needs to open a port to sample the liquid in the surface
impoundment, or when a worker needs to open a hatch to maintain or repair
equipment. Following completion of the activity, the owner or operator shall
promptly replace the cover and secure the closure device in the closed
position, as applicable.
(B) To
remove accumulated sludge or other residues from the bottom of surface
impoundment.
(ii) Opening
of a safety device, as defined in § 265.1081 of this subsection, is
allowed at any time conditions require doing so to avoid an unsafe
condition.
(3) The owner
or operator shall inspect the floating membrane cover in accordance with the
following procedures:
(i) The floating
membrane cover and its closure devices shall be visually inspected by the owner
or operator to check for defects that could result in air pollutant emissions.
Defects include, but are not limited to, visible cracks, holes, or gaps in the
cover section seams or between the interface of the cover edge and its
foundation mountings; broken, cracked, or otherwise damaged seals or gaskets on
closure devices; and broken or missing hatches, access covers, caps, or other
closure devices.
(ii) The owner or
operator shall perform an initial inspection of the floating membrane cover and
its closure devices on or before the date that the surface impoundment becomes
subject to this section. Thereafter, the owner or operator shall perform the
inspections at least once every year except for the special conditions provided
for in paragraph (g) of this section.
(iii) In the event that a defect is detected,
the owner or operator shall repair the defect in accordance with the
requirements of paragraph (f) of this section.
(iv) The owner or operator shall maintain a
record of the inspection in accordance with the requirements specified in
§ 265.1090(c) of this subsection.
(d) The owner or operator who controls air
pollutant emissions from a surface impoundment using a cover vented to a
control device shall meet the requirements specified in paragraphs (d)(1)
through (d)(3) of this section.
(1) The
surface impoundment shall be covered by a cover and vented directly through a
closed-vent system to a control device in accordance with the following
requirements:
(i) The cover and its closure
devices shall be designed to form a continuous barrier over the entire surface
area of the liquid in the surface impoundment.
(ii) Each opening in the cover not vented to
the control device shall be equipped with a closure device. If the pressure in
the vapor headspace underneath the cover is less than atmospheric pressure when
the control device is operating, the closure devices shall be designed to
operate such that when the closure device is secured in the closed position
there are no visible cracks, holes, gaps, or other open spaces in the closure
device or between the perimeter of the cover opening and the closure device. If
the pressure in the vapor headspace underneath the cover is equal to or greater
than atmospheric pressure when the control device is operating, the closure
device shall be designed to operate with no detectable organic emissions using
the procedure specified in § 265.1084(d) of this subsection.
(iii) The cover and its closure devices shall
be made of suitable materials that will minimize exposure of the hazardous
waste to the atmosphere, to the extent practical, and will maintain the
integrity of the cover and closure devices throughout their intended service
life. Factors to be considered when selecting the materials of construction and
designing the cover and closure devices shall include: Organic vapor
permeability; the effects of any contact with the liquid or its vapors managed
in the surface impoundment; the effects of outdoor exposure to wind, moisture,
and sunlight; and the operating practices used for the surface impoundment on
which the cover is installed.
(iv)
The closed-vent system and control device shall be designed and operated in
accordance with the requirements of § 265.1088 of this
subsection.
(2) Whenever
a hazardous waste is in the surface impoundment, the cover shall be installed
with each closure device secured in the closed position and the vapor headspace
underneath the cover vented to the control device except as follows:
(i) Venting to the control device is not
required, and opening of closure devices or removal of the cover is allowed at
the following times:
(A) To provide access to
the surface impoundment for performing routine inspection, maintenance, or
other activities needed for normal operations. Examples of such activities
include those times when a worker needs to open a port to sample liquid in the
surface impoundment, or when a worker needs to open a hatch to maintain or
repair equipment. Following completion of the activity, the owner or operator
shall promptly secure the closure device in the closed position or reinstall
the cover, as applicable, to the surface impoundment.
(B) To remove accumulated sludge or other
residues from the bottom of the surface impoundment.
(ii) Opening of a safety device, as defined
in § 265.1081 of this subsection, is allowed at any time conditions
require doing so to avoid an unsafe condition.
(3) The owner or operator shall inspect and
monitor the air emission control equipment in accordance with the following
procedures:
(i) The surface impoundment cover
and its closure devices shall be visually inspected by the owner or operator to
check for defects that could result in air pollutant emissions. Defects
include, but are not limited to, visible cracks, holes, or gaps in the cover
section seams or between the interface of the cover edge and its foundation
mountings; broken, cracked, or otherwise damaged seals or gaskets on closure
devices; and broken or missing hatches, access covers, caps, or other closure
devices.
(ii) The closed-vent
system and control device shall be inspected and monitored by the owner or
operator in accordance with the procedures specified in § 265.1088 of this
subsection.
(iii) The owner or
operator shall perform an initial inspection of the air emission control
equipment on or before the date that the surface impoundment becomes subject to
this section. Thereafter, the owner or operator shall perform the inspections
at least once every year except for the special conditions provided for in
paragraph (g) of this section.
(iv)
In the event that a defect is detected, the owner or operator shall repair the
defect in accordance with the requirements of paragraph (f) of this
section.
(v) The owner or operator
shall maintain a record of the inspection in accordance with the requirements
specified in § 265.1090(c) of this subsection.
(e) The owner or operator shall
transfer hazardous waste to a surface impoundment subject to this section in
accordance with the following requirements:
(1) Transfer of hazardous waste, except as
provided in paragraph (e)(2) of this section, to the surface impoundment from
another surface impoundment subject to this section or from a tank subject to
§ 265.1085 of this subsection shall be conducted using continuous
hard-piping or another closed system that does not allow exposure of the waste
to the atmosphere. For the purpose of complying with this provision, an
individual drain system is considered to be a closed system when it meets the
requirements of 40 CFR part 63, subpart RR - National Emission Standards for
Individual Drain Systems.
(2) The
requirements of paragraph (e)(1) of this section do not apply when transferring
a hazardous waste to the surface impoundment under either of the following
conditions:
(i) The hazardous waste meets the
average VO concentration conditions specified in § 265.1083(c)(1) of this
subsection at the point of waste origination.
(ii) The hazardous waste has been treated by
an organic destruction or removal process to meet the requirements in §
265.1083(c)(2) of this subsection.
(iii) The hazardous waste meets the
requirements of § 265.1083(c)(4) of this subsection.
(f) The owner or operator shall
repair each defect detected during an inspection performed in accordance with
the requirements of paragraph (c)(3) or (d)(3) of this section as follows:
(1) The owner or operator shall make first
efforts at repair of the defect no later than 5 calendar days after detection,
and repair shall be completed as soon as possible but no later than 45 calendar
days after detection except as provided in paragraph (f)(2) of this
section.
(2) Repair of a defect may
be delayed beyond 45 calendar days if the owner or operator determines that
repair of the defect requires emptying or temporary removal from service of the
surface impoundment and no alternative capacity is available at the site to
accept the hazardous waste normally managed in the surface impoundment. In this
case, the owner or operator shall repair the defect the next time the process
or unit that is generating the hazardous waste managed in the tank stops
operation. Repair of the defect shall be completed before the process or unit
resumes operation.
(g)
Following the initial inspection and monitoring of the cover as required by the
applicable provisions of this subsection, subsequent inspection and monitoring
may be performed at intervals longer than 1 year in the case when inspecting or
monitoring the cover would expose a worker to dangerous, hazardous, or other
unsafe conditions. In this case, the owner or operator may designate the cover
as an "unsafe to inspect and monitor cover" and comply with all of the
following requirements:
(1) Prepare a written
explanation for the cover stating the reasons why the cover is unsafe to
visually inspect or to monitor, if required.
(2) Develop and implement a written plan and
schedule to inspect and monitor the cover using the procedures specified in the
applicable section of this subsection as frequently as practicable during those
times when a worker can safely access the cover.
§ 265.1087
Standards:
Containers
(a) The provisions of this
section apply to the control of air pollutant emissions from containers for
which § 265.1083(b) of this subsection references the use of this section
for such air emission control.
(b)
General requirements.
(1) The owner or
operator shall control air pollutant emissions from each container subject to
this section in accordance with the following requirements, as applicable to
the container, except when the special provisions for waste stabilization
processes specified in paragraph (b)(2) of this section apply to the container.
(i) For a container having a design capacity
greater than 0.1 m3 and less than or equal to 0.46 m
3, the owner or operator shall control air
pollutant emissions from the container in accordance with the Container Level 1
standards specified in paragraph (c) of this section.
(ii) For a co ntainer having a design
capacity greater than 0.46 m3 that is not in light
material service, the owner or operator shall control air pollutant emissions
from the container in accordance with the Container Level 1 standards specified
in paragraph (c) of this section.
(iii) For a container having a design
capacity greater than 0.46 m3 that is in light
material service, the owner or operator shall control air pollutant emissions
from the container in accordance with the Container Level 2 standards specified
in paragraph (d) of this section.
(2) When a container having a design capacity
greater than 0.1 m3 is used for treatment of a
hazardous waste by a waste stabilization process, the owner or operator shall
control air pollutant emissions from the container in accordance with the
Container Level 3 standards specified in paragraph (e) of this section at those
times during the waste stabilization process when the hazardous waste in the
container is exposed to the atmosphere.
(c) Container Level 1 standards.
(1) A container using Container Level 1
controls is one of the following:
(i) A
container that meets the applicable U.S. Department of Transportation (DOT)
regulations on packaging hazardous materials for transportation as specified in
paragraph (f) of this section.
(ii)
A container equipped with a cover and closure devices that form a continuous
barrier over the container openings such that when the cover and closure
devices are secured in the closed position there are no visible holes, gaps, or
other open spaces into the interior of the container. The cover may be a
separate cover installed on the container (e.g., a lid on a drum or a suitably
secured tarp on a roll-off box) or may be an integral part of the container
structural design (e.g., a "portable tank" or bulk cargo container equipped
with a screw-type cap).
(iii) An
open-top container in which an organic-vapor suppressing barrier is placed on
or over the hazardous waste in the container such that no hazardous waste is
exposed to the atmosphere. One example of such a barrier is application of a
suitable organic-vapor suppressing foam.
(2) A container used to meet the requirements
of paragraph (c)(1)(ii) or (c)(1)(iii) of this section shall be equipped with
covers and closure devices, as applicable to the container, that are composed
of suitable materials to minimize exposure of the hazardous waste to the
atmosphere and to maintain the equipment integrity for as long as it is in
service. Factors to be considered in selecting the materials of construction
and designing the cover and closure devices shall include: Organic vapor
permeability, the effects of contact with the hazardous waste or its vapor
managed in the container; the effects of outdoor exposure of the closure device
or cover material to wind, moisture, and sunlight; and the operating practices
for which the container is intended to be used.
(3) Whenever a hazardous waste is in a
container using Container Level 1 controls, the owner or operator shall install
all covers and closure devices for the container, as applicable to the
container, and secure and maintain each closure device in the closed position
except as follows:
(i) Opening of a closure
device or cover is allowed for the purpose of adding hazardous waste or other
material to the container as follows:
(A) In
the case when the container is filled to the intended final level in one
continuous operation, the owner or operator shall promptly secure the closure
devices in the closed position and install the covers, as applicable to the
container, upon conclusion of the filling operation.
(B) In the case when discrete quantities or
batches of material intermittently are added to the container over a period of
time, the owner or operator shall promptly secure the closure devices in the
closed position and install covers, as applicable to the container, upon either
the container being filled to the intended final level; the completion of a
batch loading after which no additional material will be added to the container
within 15 minutes; the person performing the loading operation leaving the
immediate vicinity of the container; or the shutdown of the process generating
the material being added to the container, whichever condition occurs
first.
(ii) Opening of a
closure device or cover is allowed for the purpose of removing hazardous waste
from the container as follows:
(A) For the
purpose of meeting the requirements of this section, an empty container as
defined in § 261.7(b) may be open to the atmosphere at any time (i.e.,
covers and closure devices are not required to be secured in the closed
position on an empty container).
(B) In the case when discrete quantities or
batches of material are removed from the container but the container does not
meet the conditions to be an empty container as defined in § 261.7(b), the
owner or operator shall promptly secure the closure devices in the closed
position and install covers, as applicable to the container, upon the
completion of a batch removal after which no additional material will be
removed from the container within 15 minutes or the person performing the
unloading operation leaves the immediate vicinity of the container, whichever
condition occurs first.
(iii) Opening of a closure device or cover is
allowed when access inside the container is needed to perform routine
activities other than transfer of hazardous waste. Examples of such activities
include those times when a worker needs to open a port to measure the depth of
or sample the material in the container, or when a worker needs to open a
manhole hatch to access equipment inside the container. Following completion of
the activity, the owner or operator shall promptly secure the closure device in
the closed position or reinstall the cover, as applicable to the
container.
(iv) Opening of a
spring-loaded, pressure-vacuum relief valve, conservation vent, or similar type
of pressure relief device which vents to the atmosphere is allowed during
normal operations for the purpose of maintaining the container internal
pressure in accordance with the design specifications of the container. The
device shall be designed to operate with no detectable organic emissions when
the device is secured in the closed position. The settings at which the device
opens shall be established such that the device remains in the closed position
whenever the internal pressure of the container is within the internal pressure
operating range determined by the owner or operator based on container
manufacturer recommendations, applicable regulations, fire protection and
prevention codes, standard engineering codes and practices, or other
requirements for the safe handling of flammable, ignitable, explosive,
reactive, or hazardous materials. Examples of normal operating conditions that
may require these devices to open are during those times when the internal
pressure of the container exceeds the internal pressure operating range for the
container as a result of loading operations or diurnal ambient temperature
fluctuations.
(v) Opening of a
safety device, as defined in § 265.1081 of this subsection, is allowed at
any time conditions require doing so to avoid an unsafe condition.
(4) The owner or operator of
containers using Container Level 1 controls shall inspect the containers and
their covers and closure devices as follows:
(i) In the case when a hazardous waste
already is in the container at the time the owner or operator first accepts
possession of the container at the facility and the container is not emptied
within 24 hours after the container is accepted at the facility (i.e., does not
meet the conditions for an empty container as specified in § 261.7(b)),
the owner or operator shall visually inspect the container and its cover and
closure devices to check for visible cracks, holes, gaps, or other open spaces
into the interior of the container when the cover and closure devices are
secured in the closed position. The container visual inspection shall be
conducted on or before the date that the container is accepted at the facility
(i.e., the date the container becomes subject to the subsection CC container
standards). For purposes of this requirement, the date of acceptance is the
date of signature that the facility owner or operator enters on Item 20 of the
Uniform Hazardous Waste Manifest (EPA Forms 8700-22 and 8700-22A), as required
under subsection E of this section, at § 265.71. If a defect is detected,
the owner or operator shall repair the defect in accordance with the
requirements of paragraph (c)(4)(iii) of this section.
(ii) In the case when a container used for
managing hazardous waste remains at the facility for a period of 1 year or
more, the owner or operator shall visually inspect the container and its cover
and closure devices initially and thereafter, at least once every 12 months, to
check for visible cracks, holes, gaps, or other open spaces into the interior
of the container when the cover and closure devices are secured in the closed
position. If a defect is detected, the owner or operator shall repair the
defect in accordance with the requirements of paragraph (c)(4)(iii) of this
section.
(iii) When a defect is
detected for the container, cover, or closure devices, the owner or operator
shall make first efforts at repair of the defect no later than 24 hours after
detection, and repair shall be completed as soon as possible but no later than
5 calendar days after detection. If repair of a defect cannot be completed
within 5 calendar days, then the hazardous waste shall be removed from the
container and the container shall not be used to manage hazardous waste until
the defect is repaired.
(5) The owner or operator shall maintain at
the facility a copy of the procedure used to determine that containers with
capacity of 0.46 m3 or greater, which do not meet
applicable DOT regulations as specified in paragraph (f) of this section, are
not managing hazardous waste in light material service.
(d) Container Level 2 standards.
(1) A container using Container Level 2
controls is one of the following:
(i) A
container that meets the applicable U.S. Department of Transportation (DOT)
regulations on packaging hazardous materials for transportation as specified in
paragraph (f) of this section.
(ii)
A container that operates with no detectable organic emissions as defined in
§ 265.1081 of this subsection and determined in accordance with the
procedure specified in paragraph (g) of this section.
(iii) A container that has been demonstrated
within the preceding 12 months to be vapor-tight by using 40 CFR part 60,
appendix A, Method 27 in accordance the procedure specified in paragraph (h) of
this section.
(2)
Transfer of hazardous waste in or out of a container using Container Level 2
controls shall be conducted in such a manner as to minimize exposure of the
hazardous waste to the atmosphere, to the extent practical, considering the
physical properties of the hazardous waste and good engineering and safety
practices for handling flammable, ignitable, explosive, reactive or other
hazardous materials. Examples of container loading procedures that the EPA
considers to meet the requirements of this paragraph include using any one of
the following: A submerged-fill pipe or other submerged-fill method to load
liquids into the container; a vapor-balancing system or a vapor-recovery system
to collect and control the vapors displaced from the container during filling
operations; or a fitted opening in the top of a container through which the
hazardous waste is filled and subsequently purging the transfer line before
removing it from the container opening.
(3) Whenever a hazardous waste is in a
container using Container Level 2 controls, the owner or operator shall install
all covers and closure devices for the container, and secure and maintain each
closure device in the closed position except as follows:
(i) Opening of a closure device or cover is
allowed for the purpose of adding hazardous waste or other material to the
container as follows:
(A) In the case when the
container is filled to the intended final level in one continuous operation,
the owner or operator shall promptly secure the closure devices in the closed
position and install the covers, as applicable to the container, upon
conclusion of the filling operation.
(B) In the case when discrete quantities or
batches of material intermittently are added to the container over a period of
time, the owner or operator shall promptly secure the closure devices in the
closed position and install covers, as applicable to the container, upon either
the container being filled to the intended final level; the completion of a
batch loading after which no additional material will be added to the container
within 15 minutes; the person performing the loading operation leaving the
immediate vicinity of the container; or the shutdown of the process generating
the material being added to the container, whichever condition occurs
first.
(ii) Opening of a
closure device or cover is allowed for the purpose of removing hazardous waste
from the container as follows:
(A) For the
purpose of meeting the requirements of this section, an empty container as
defined in § 261.7(b) may be open to the atmosphere at any time (i.e.,
covers and closure devices are not required to be secured in the closed
position on an empty container).
(B) In the case when discrete quantities or
batches of material are removed from the container but the container does not
meet the conditions to be an empty container as defined in § 261.7(b), the
owner or operator shall promptly secure the closure devices in the closed
position and install covers, as applicable to the container, upon the
completion of a batch removal after which no additional material will be
removed from the container within 15 minutes or the person performing the
unloading operation leaves the immediate vicinity of the container, whichever
condition occurs first.
(iii) Opening of a closure device or cover is
allowed when access inside the container is needed to perform routine
activities other than transfer of hazardous waste. Examples of such activities
include those times when a worker needs to open a port to measure the depth of
or sample the material in the container, or when a worker needs to open a
manhole hatch to access equipment inside the container. Following completion of
the activity, the owner or operator shall promptly secure the closure device in
the closed position or reinstall the cover, as applicable to the
container.
(iv) Opening of a
spring-loaded, pressure-vacuum relief valve, conservation vent, or similar type
of pressure relief device which vents to the atmosphere is allowed during
normal operations for the purpose of maintaining the internal pressure of the
container in accordance with the container design specifications. The device
shall be designed to operate with no detectable organic emission when the
device is secured in the closed position. The settings at which the device
opens shall be established such that the device remains in the closed position
whenever the internal pressure of the container is within the internal pressure
operating range determined by the owner or operator based on container
manufacturer recommend-ations, applicable regulations, fire protection and
prevention codes, standard engineering codes and practices, or other
requirements for the safe handling of flammable, ignitable, explosive,
reactive, or hazardous materials. Examples of normal operating conditions that
may require these devices to open are during those times when the internal
pressure of the container exceeds the internal pressure operating range for the
container as a result of loading operations or diurnal ambient temperature
fluctuations.
(v) Opening of a
safety device, as defined in § 265.1081 of this subsection, is allowed at
any time conditions require doing so to avoid an unsafe condition.
(4) The owner or operator of
containers using Container Level 2 controls shall inspect the containers and
their covers and closure devices as follows:
(i) In the case when a hazardous waste
already is in the container at the time the owner or operator first accepts
possession of the container at the facility and the container is not emptied
within 24 hours after the container is accepted at the facility (i.e., does not
meet the conditions for an empty container as specified in § 261.7(b)),
the owner or operator shall visually inspect the container and its cover and
closure devices to check for visible cracks, holes, gaps, or other open spaces
into the interior of the container when the cover and closure devices are
secured in the closed position. The container visual inspection shall be
conducted on or before the date that the container is accepted at the facility
(i.e., the date the container becomes subject to the subsection CC container
standards). For purposes of this requirement, the date of acceptance is the
date of signature that the facility owner or operator enters on Item 20 of the
Uniform Hazardous Waste Manifest (EPA Forms 8700-22 and 8700-22A), as required
under subsection E of this section, at § 265.71. If a defect is detected,
the owner or operator shall repair the defect in accordance with the
requirements of paragraph (d)(4)(iii) of this section.
(ii) In the case when a container used for
managing hazardous waste remains at the facility for a period of 1 year or
more, the owner or operator shall visually inspect the container and its cover
and closure devices initially and thereafter, at least once every 12 months, to
check for visible cracks, holes, gaps, or other open spaces into the interior
of the container when the cover and closure devices are secured in the closed
position. If a defect is detected, the owner or operator shall repair the
defect in accordance with the requirements of paragraph (d)(4)(iii) of this
section.
(iii) When a defect is
detected for the container, cover, or closure devices, the owner or operator
shall make first efforts at repair of the defect no later than 24 hours after
detection, and repair shall be completed as soon as possible but no later than
5 calendar days after detection. If repair of a defect cannot be completed
within 5 calendar days, then the hazardous waste shall be removed from the
container and the container shall not be used to manage hazardous waste until
the defect is repaired.
(e) Container Level 3 standards.
(1) A container using Container Level 3
controls is one of the following:
(i) A
container that is vented directly through a closed-vent system to a control
device in accordance with the requirements of paragraph (e)(2)(ii) of this
section.
(ii) A container that is
vented inside an enclosure which is exhausted through a closed-vent system to a
control device in accordance with the requirements of paragraphs (e)(2)(i) and
(e)(2)(ii) of this section.
(2) The owner or operator shall meet the
following requirements, as applicable to the type of air emission control
equipment selected by the owner or operator:
(i) The container enclosure shall be designed
and operated in accordance with the criteria for a permanent total enclosure as
specified in "Procedure T - Criteria for and Verification of a Permanent or
Temporary Total Enclosure" under
40
CFR 52.741, Appendix B. The enclosure may
have permanent or temporary openings to allow worker access; passage of
containers through the enclosure by conveyor or other mechanical means; entry
of permanent mechanical or electrical equipment; or direct airflow into the
enclosure. The owner or operator shall perform the verification procedure for
the enclosure as specified in Section 5.0 to "Procedure T - Criteria for and
Verification of a Permanent or Temporary Total Enclosure" initially when the
enclosure is first installed and, thereafter, annually.
(ii) The closed-vent system and control
device shall be designed and operated in accordance with the requirements of
§ 265.1088 of this subsection.
(3) Safety devices, as defined in §
265.1081 of this subsection, may be installed and operated as necessary on any
container, enclosure, closed-vent system, or control device used to comply with
the requirements of paragraph (e)(1) of this section.
(4) Owners and operators using Container
Level 3 controls in accordance with the provisions of this subsection shall
inspect and monitor the closed-vent systems and control devices as specified in
§ 265.1088 of this subsection.
(5) Owners and operators that use Container
Level 3 controls in accordance with the provisions of this subsection shall
prepare and maintain the records specified in § 265.1090(d) of this
subsection.
(6) Transfer of
hazardous waste in or out of a container using Container Level 3 controls shall
be conducted in such a manner as to minimize exposure of the hazardous waste to
the atmosphere, to the extent practical, considering the physical properties of
the hazardous waste and good engineering and safety practices for handling
flammable, ignitable, explosive, reactive, or other hazardous materials.
Examples of container loading procedures that the EPA considers to meet the
requirements of this paragraph include using any one of the following: A
submerged-fill pipe or other submerged-fill method to load liquids into the
container; a vapor-balancing system or a vapor-recovery system to collect and
control the vapors displaced from the container during filling operations; or a
fitted opening in the top of a container through which the hazardous waste is
filled and subsequently purging the transfer line before removing it from the
container opening.
(f)
For the purpose of compliance with paragraph (c)(1)(i) or (d)(1)(i) of this
section, containers shall be used that meet the applicable U.S. Department of
Transportation (DOT) regulations on packaging hazardous materials for
transportation as follows:
(1) The container
meets the applicable requirements specified in 49 CFR part 178 -Specifications
for Packaging or 49 CFR part 179 - Specifications for Tank Cars.
(2) Hazardous waste is managed in the
container in accordance with the applicable requirements specified in 49 CFR
part 107, subpart B - Exemptions; 49 CFR part 172 -Hazardous Materials Table,
Special Provisions, Hazardous Materials Communications, Emergency Response
Information, and Training Requirements; 49 CFR part 173 - Shippers -General
Requirements for Shipments and Packages; and 49 CFR part 180 - Continuing
Qualification and Maintenance of Packagings.
(3) For the purpose of complying with this
subsection, no exceptions to the 49 CFR part 178 or part 179 regulations are
allowed except as provided for in paragraph (f)(4) of this section.
(4) For a lab pack that is managed in
accordance with the requirements of 49 CFR part 178 for the purpose of
complying with this subsection, an owner or operator may comply with the
exceptions for combination packagings specified in
49 CFR
173.12(b).
(g) To determine compliance with
the no detectable organic emissions requirements of paragraph (d)(1)(ii) of
this section, the procedure specified in § 265.1084(d) of this subsection
shall be used.
(h) Procedure for
determining a container to be vapor-tight using Method 27 of 40 CFR part 60,
appendix A for the purpose of complying with paragraph (d)(1)(iii) of this
section.
(1) The test shall be performed in
accordance with Method 27 of 40 CFR part 60, appendix A.
(2) A pressure measurement device shall be
used that has a precision of " 2.5 mm water and that is capable of measuring
above the pressure at which the container is to be tested for vapor
tightness.
(3) If the test results
determined by Method 27 indicate that the container sustains a pressure change
less than or equal to 750 Pascals within 5 minutes after it is pressurized to a
minimum of 4,500 Pascals, then the container is determined to be
vapor-tight.
§
265.1088
Standards: Closed-vent systems and control
devices
(a) This section applies to
each closed-vent system and control device installed and operated by the owner
or operator to control air emissions in accordance with standards of this
subsection.
(b) The closed-vent
system shall meet the following requirements:
(1) The closed-vent system shall route the
gases, vapors, and fumes emitted from the hazardous waste in the waste
management unit to a control device that meets the requirements specified in
paragraph (c) of this section.
(2)
The closed-vent system shall be designed and operated in accordance with the
requirements specified in § 265.1033(j) of this section.
(3) In the case when the closed-vent system
includes bypass devices that could be used to divert the gas or vapor stream to
the atmosphere before entering the control device, each bypass device shall be
equipped with either a flow indicator as specified in paragraph (b)(3)(i) of
this section or a seal or locking device as specified in paragraph (b)(3)(ii)
of this section. For the purpose of complying with this paragraph, low leg
drains, high point bleeds, analyzer vents, open-ended valves or lines,
spring-loaded pressure relief valves, and other fittings used for safety
purposes are not considered to be bypass devices.
(i) If a flow indicator is used to comply
with paragraph (b)(3) of this section, the indicator shall be installed at the
inlet to the bypass line used to divert gases and vapors from the closed-vent
system to the atmosphere at a point upstream of the control device inlet. For
this paragraph, a flow indicator means a device which indicates the presence of
either gas or vapor flow in the bypass line.
(ii) If a seal or locking device is used to
comply with paragraph (b)(3) of this section, the device shall be placed on the
mechanism by which the bypass device position is controlled (e.g., valve
handle, damper lever) when the bypass device is in the closed position such
that the bypass device cannot be opened without breaking the seal or removing
the lock. Examples of such devices include, but are not limited to, a car-seal
or a lock-and-key configuration valve. The owner or operator shall visually
inspect the seal or closure mechanism at least once every month to verify that
the bypass mechanism is maintained in the closed position.
(4) The closed-vent system shall be inspected
and monitored by the owner or operator in accordance with the procedure
specified in § 265.1033(k).
(c) The control device shall meet the
following requirements:
(1) The control
device shall be one of the following devices:
(i) A control device designed and operated to
reduce the total organic content of the inlet vapor stream vented to the
control device by at least 95 percent by weight;
(ii) An enclosed combustion device designed
and operated in accordance with the requirements of § 265.1033(c);
or
(iii) A flare designed and
operated in accordance with the requirements of §
265.1033(d).
(2) The
owner or operator who elects to use a closed-vent system and control device to
comply with the requirements of this section shall comply with the requirements
specified in paragraphs (c)(2)(i) through (c)(2)(vi) of this section.
(i) Periods of planned routine maintenance of
the control device, during which the control device does not meet the
specifications of paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this
section, as applicable, shall not exceed 240 hours per year.
(ii) The specifications and requirements in
paragraphs (c)(1)(i), (c)(1)(ii), and (c)(1)(iii) of this section for control
devices do not apply during periods of planned routine maintenance.
(iii) The specifications and requirements in
paragraphs (c)(1)(i), (c)(1)(ii), and (c)(1)(iii) of this section for control
devices do not apply during a control device system malfunction.
(iv) The owner or operator shall demonstrate
compliance with the requirements of paragraph (c)(2)(i) of this section (i.e.,
planned routine maintenance of a control device, during which the control
device does not meet the specifications of paragraphs (c)(1)(i), (c)(1)(ii), or
(c)(1)(iii) of this section, as applicable, shall not exceed 240 hours per
year) by recording the information specified in § 265.1090(e)(1)(v) of
this subsection.
(v) The owner or
operator shall correct control device system malfunctions as soon as
practicable after their occurrence in order to minimize excess emissions of air
pollutants.
(vi) The owner or
operator shall operate the closed-vent system such that gases, vapors, and/or
fumes are not actively vented to the control device during periods of planned
maintenance or control device system malfunction (i.e., periods when the
control device is not operating or not operating normally) except in cases when
it is necessary to vent the gases, vapors, or fumes to avoid an unsafe
condition or to implement malfunction corrective actions or planned maintenance
actions.
(3) The owner or
operator using a carbon adsorption system to comply with paragraph (c)(1) of
this section shall operate and maintain the control device in accordance with
the following requirements:
(i) Following the
initial startup of the control device, all activated carbon in the control
device shall be replaced with fresh carbon on a regular basis in accordance
with the requirements of § 265.1033(g) or § 265.1033(h).
(ii) All carbon that is a hazardous waste and
that is removed from the control device shall be managed in accordance with the
requirements of § 265.1033(m), regardless of the average volatile organic
concentration of the carbon.
(4) An owner or operator using a control
device other than a thermal vapor incinerator, flare, boiler, process heater,
condenser, or carbon adsorption system to comply with paragraph (c)(1) of this
section shall operate and maintain the control device in accordance with the
requirements of § 265.1033(i).
(5) The owner or operator shall demonstrate
that a control device achieves the performance requirements of paragraph (c)(1)
of this section as follows:
(i) An owner or
operator shall demonstrate using either a performance test as specified in
paragraph (c)(5)(iii) of this section or a design analysis as specified in
paragraph (c)(5)(iv) of this section the performance of each control device
except for the following:
(A) A
flare;
(B) A boiler or process
heater with a design heat input capacity of 44 megawatts or greater;
(C) A boiler or process heater into which the
vent stream is introduced with the primary fuel;
(D) A boiler or process heater burning
hazardous waste for which the owner or operator has been issued a final permit
under Section 270 and has designed and operates the unit in accordance with the
requirements of Section 266, subsection H; or
(E) A boiler or process heater burning
hazardous waste for which the owner or operator has has designed and operates
in compliance with the interim status requirements of Section 266, subsection
H.
(ii) An owner or
operator shall demonstrate the performance of each flare in accordance with the
requirements specified in § 265.1033(e).
(iii) For a performance test conducted to
meet the requirements of paragraph (c)(5)(i) of this section, the owner or
operator shall use the test methods and procedures specified in §
265.1034(c)(1) through (c)(4).
(iv)
For a design analysis conducted to meet the requirements of paragraph (c)(5)(i)
of this section, the design analysis shall meet the requirements specified in
§ 265.1035 (b)(4)(iii).
(v)
The owner or operator shall demonstrate that a carbon adsorption system
achieves the performance requirements of paragraph (c)(1) of this section based
on the total quantity of organics vented to the atmosphere from all carbon
adsorption system equipment that is used for organic adsorption, organic
desorption or carbon regeneration, organic recovery, and carbon
disposal.
(6) If the
owner or operator and the Director do not agree on a demonstration of control
device performance using a design analysis then the disagreement shall be
resolved using the results of a performance test performed by the owner or
operator in accordance with the requirements of paragraph (c)(5)(iii) of this
section. The Director may choose to have an authorized representative observe
the performance test.
(7) The
closed-vent system and control device shall be inspected and monitored by the
owner or operator in accordance with the procedures specified in §
265.1033(f)(2) and § 265.1033(k). The readings from each monitoring device
required by § 265.1033(f)(2) shall be inspected at least once each
operating day to check control device operation. Any necessary corrective
measures shall be immediately implemented to ensure the control device is
operated in compliance with the requirements of this section.
§ 265.1089
Inspection and monitoring requirements
(a) The owner or operator shall inspect and
monitor air emission control equipment used to comply with this subsection in
accordance with the applicable requirements specified in § 265.1085
through § 265.1088 of this subsection.
(b) The owner or operator shall develop and
implement a written plan and schedule to perform the inspections and monitoring
required by paragraph (a) of this section. The owner or operator shall
incorporate this plan and schedule into the facility inspection plan required
under § 265.15.
§
265.1090
Recordkeeping requirements
(a) Each owner or operator of a facility
subject to requirements in this subsection shall record and maintain the
information specified in paragraphs (b) through (j) of this section, as
applicable to the facility. Except for air emission control equipment design
documentation and information required by paragraphs (i) and (j) of this
section, records required by this section shall be maintained in the operating
record for a minimum of 3 years. Air emission control equipment design
documentation shall be maintained in the operating record until the air
emission control equipment is replaced or otherwise no longer in service.
Information required by paragraphs (i) and (j) of this section shall be
maintained in the operating record for as long as the tank or container is not
using air emission controls specified in §§ 264.1084 through 264.1087
of this subsection in accordance with the conditions specified in §
264.1084(d) of this subsection.
(b)
The owner or operator of a tank using air emission controls in accordance with
the requirements of § 265.1085 of this subsection shall prepare and
maintain records for the tank that include the following information:
(1) For each tank using air emission controls
in accordance with the requirements of § 265.1085 of this subsection, the
owner or operator shall record:
(i) A tank
identification number (or other unique identification description as selected
by the owner or operator).
(ii) A
record for each inspection required by § 265.1085 of this subsection that
includes the following information:
(A) Date
inspection was conducted.
(B) For
each defect detected during the inspection: The location of the defect, a
description of the defect, the date of detection, and corrective action taken
to repair the defect. In the event that repair of the defect is delayed in
accordance with the provisions of § 265.1085 of this subsection, the owner
or operator shall also record the reason for the delay and the date that
completion of repair of the defect is expected.
(2) In addition to the information required
by paragraph (b)(1) of this section, the owner or operator shall record the
following information, as applicable to the tank:
(i) The owner or operator using a fixed roof
to comply with the Tank Level 1 control requirements specified in §
265.1085(c) of this subsection shall prepare and maintain records for each
determination for the maximum organic vapor pressure of the hazardous waste in
the tank performed in accordance with the requirements of § 265.1085(c) of
this subsection. The records shall include the date and time the samples were
collected, the analysis method used, and the analysis results.
(ii) The owner or operator using an internal
floating roof to comply with the Tank Level 2 control requirements specified in
§ 265.1085(e) of this subsection shall prepare and maintain documentation
describing the floating roof design.
(iii) Owners and operators using an external
floating roof to comply with the Tank Level 2 control requirements specified in
§ 265.1085(f) of this subsection shall prepare and maintain the following
records:
(A) Documentation describing the
floating roof design and the dimensions of the tank.
(B) Records for each seal gap inspection
required by §265.1085(f)(3) of this subsection describing the results of
the seal gap measurements. The records shall include the date that the
measurements were performed, the raw data obtained for the measurements, and
the calculations of the total gap surface area. In the event that the seal gap
measurements do not conform to the specifications in §265.1085(f)(1) of
this subsection, the records shall include a description of the repairs that
were made, the date the repairs were made, and the date the tank was emptied,
if necessary.
(iv) Each
owner or operator using an enclosure to comply with the Tank Level 2 control
requirements specified in § 265.1085(i) of this subsection shall prepare
and maintain the following records:
(A)
Records for the most recent set of calculations and measurements performed by
the owner or operator to verify that the enclosure meets the criteria of a
permanent total enclosure as specified in "Procedure T - Criteria for and
Verification of a Permanent or Temporary Total Enclosure" under
40
CFR 52.741, Appendix B.
(B) Records required for the closed-vent
system and control device in accordance with the requirements of paragraph (e)
of this section.
(c) The owner or operator of a surface
impoundment using air emission controls in accordance with the requirements of
§ 265.1086 of this subsection shall prepare and maintain records for the
surface impound-ment that include the following information:
(1) A surface impoundment identification
number (or other unique identification description as selected by the owner or
operator).
(2) Documentation
describing the floating membrane cover or cover design, as applicable to the
surface impoundment, that includes information prepared by the owner or
operator or provided by the cover manufacturer or vendor describing the cover
design, and certification by the owner or operator that the cover meets the
specifications listed in § 265.1086(c) of this subsection.
(3) A record for each inspection required by
§ 265.1086 of this subsection that includes the following information:
(i) Date inspection was conducted.
(ii) For each defect detected during the
inspection the following information: The location of the defect, a description
of the defect, the date of detection, and corrective action taken to repair the
defect. In the event that repair of the defect is delayed in accordance with
the provisions of § 265.1086(f) of this subsection, the owner or operator
shall also record the reason for the delay and the date that completion of
repair of the defect is expected.
(4) For a surface impoundment equipped with a
cover and vented through a closed-vent system to a control device, the owner or
operator shall prepare and maintain the records specified in paragraph (e) of
this section.
(d) The
owner or operator of containers using Container Level 3 air emission controls
in accordance with the requirements of § 265.1087 of this subsection shall
prepare and maintain records that include the following information:
(1) Records for the most recent set of
calculations and measurements performed by the owner or operator to verify that
the enclosure meets the criteria of a permanent total enclosure as specified in
"Procedure T - Criteria for and Verification of a Permanent or Temporary Total
Enclosure" under
40
CFR 52.741, Appendix B.
(2) Records required for the closed-vent
system and control device in accordance with the requirements of paragraph (e)
of this section.
(e) The
owner or operator using a closed-vent system and control device in accordance
with the requirements of § 265.1088 of this subsection shall prepare and
maintain records that include the following information:
(1) Documentation for the closed-vent system
and control device that includes:
(i)
Certification that is signed and dated by the owner or operator stating that
the control device is designed to operate at the performance level documented
by a design analysis as specified in paragraph (e)(1)(ii) of this section or by
performance tests as specified in paragraph (e)(1)(iii) of this section when
the tank, surface impoundment, or container is or would be operating at
capacity or the highest level reasonably expected to occur.
(ii) If a design analysis is used, then
design documentation as specified in §265.1035 (b)(4). The documentation
shall include information prepared by the owner or operator or provided by the
control device manufacturer or vendor that describes the control device design
in accordance with
40 CFR
265.1035(b)(4)(iii) and
certification by the owner or operator that the control equipment meets the
applicable specifications.
(iii) If
performance tests are used, then a performance test plan as specified in §
265.1035(b)(3) and all test results.
(iv) Information as required by §
265.1035(c)(1) and § 265.1035(c)(2), as applicable.
(v) An owner or operator shall record, on a
semiannual basis, the information specified in paragraphs (e)(1)(v)(A) and
(e)(1)(v)(B) of this section for those planned routine maintenance operations
that would require the control device not to meet the requirements of §
265.1088(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this subsection, as
applicable.
(A) A description of the planned
routine maintenance that is anticipated to be performed for the control device
during the next 6-month period. This description shall include the type of
maintenance necessary, planned frequency of maintenance, and lengths of
maintenance periods.
(B) A
description of the planned routine maintenance that was performed for the
control device during the previous 6-month period. This description shall
include the type of maintenance performed and the total number of hours during
those 6 months that the control device did not meet the requirements of §
265.1088(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this subsection, as
applicable, due to planned routine maintenance.
(vi) An owner or operator shall record the
information specified in paragraphs (e)(1)(vi)(A) through (e)(1)(vi)(C) of this
section for those unexpected control device system malfunctions that would
require the control device not to meet the requirements of §
265.1088(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this subsection, as
applicable.
(A) The occurrence and duration of
each malfunction of the control device system.
(B) The duration of each period during a
malfunction when gases, vapors, or fumes are vented from the waste management
unit through the closed-vent system to the control device while the control
device is not properly functioning.
(C) Actions taken during periods of
malfunction to restore a malfunctioning control device to its normal or usual
manner of operation.
(vii) Records of the management of carbon
removed from a carbon adsorption system conducted in accordance with §
265.1088(c)(3)(ii) of this subsection.
(f) The owner or operator of a tank, surface
impound-ment, or container exempted from standards in accordance with the
provisions of § 265.1083(c) of this subsection shall prepare and maintain
the following records, as applicable:
(1) For
tanks, surface impoundments, or containers exempted under the hazardous waste
organic concentration conditions specified in § 265.1083(c)(1) or or
§ 265.1083(c)(2)(i) through (c)(2)(vi) of this subsection, the owner or
operator shall record the information used for each waste determination (e.g.,
test results, measurements, calculations, and other documentation) in the
facility operating log. If analysis results for waste samples are used for the
waste determination, then the owner or operator shall record the date, time,
and location that each waste sample is collected in accordance with applicable
requirements of § 265.1084 of this subsection.
(2) For tanks, surface impoundments, or
containers exempted under the provisions of § 265.1083(c)(2)(vii) or
§ 265.1083(c)(2)(viii) of this subsection, the owner or operator shall
record the identification number for the incinerator, boiler, or industrial
furnace in which the hazardous waste is treated.
(g) An owner or operator designating a cover
as "unsafe to inspect and monitor" pursuant to § 265.1085(l) or §
265.1086(g) of this subsection shall record in a log that is kept in the
facility operating record the following information: The identification numbers
for waste management units with covers that are designated as "unsafe to
inspect and monitor," the explanation for each cover stating why the cover is
unsafe to inspect and monitor, and the plan and schedule for inspecting and
monitoring each cover.
(h) The
owner or operator of a facility that is subject to this subsection and to the
control device standards in 40 CFR section 60, subpart VV, or 40 CFR part 61,
subpart V, may elect to demonstrate compliance with the applicable sections of
this subsection by documentation either pursuant to this subsection, or
pursuant to the provisions of 40 CFR part 60, subpart VV or 40 CFR part 61,
subpart V, to the extent that the documentation required by 40 CFR parts 60 or
61 duplicates the documentation required by this section.
(i) For each tank or container not using air
emission controls specified in §§ 265.1085 through 265.1088 of this
subsection in accordance with the conditions specified in § 265.1080(d) of
this subsection, the owner or operator shall record and maintain the following
information:
(1) A list of the individual
organic peroxide compounds manufactured at the facility that meet the
conditions specified in § 265.1080(d)(1).
(2) A description of how the hazardous waste
containing the organic peroxide compounds identified in paragraph (i)(1) of
this section are managed at the facility in tanks and containers. This
description shall include the following information:
(i) For the tanks used at the facility to
manage this hazardous waste, sufficient information shall be provided to
describe for each tank: A facility identification number for the tank; the
purpose and placement of this tank in the management train of this hazardous
waste; and the procedures used to ultimately dispose of the hazardous waste
managed in the tanks.
(ii) For
containers used at the facility to manage these hazardous wastes, sufficient
information shall be provided to describe: A facility identification number for
the container or group of containers; the purpose and placement of this
container, or group of containers, in the management train of this hazardous
waste; and the procedures used to ultimately dispose of the hazardous waste
handled in the containers.
(3) An explanation of why managing the
hazardous waste containing the organic peroxide compounds identified in
paragraph (i)(1) of this section in the tanks and containers as described in
paragraph (i)(2) of this section would create an undue safety hazard if the air
emission controls, as required under §§ 265.1085 through 265.1088 of
this subsection, are installed and operated on these waste management units.
This explanation shall include the following information:
(i) For tanks used at the facility to manage
these hazardous wastes, sufficient information shall be provided to explain:
How use of the required air emission controls on the tanks would affect the
tank design features and facility operating procedures currently used to
prevent an undue safety hazard during the management of this hazardous waste in
the tanks; and why installation of safety devices on the required air emission
controls, as allowed under this subsection, will not address those situations
in which evacuation of tanks equipped with these air emission controls is
necessary and consistent with good engineering and safety practices for
handling organic peroxides.
(ii)
For containers used at the facility to manage these hazardous wastes,
sufficient information shall be provided to explain: How use of the required
air emission controls on the containers would affect the container design
features and handling procedures currently used to prevent an undue safety
hazard during the management of this hazardous waste in the containers; and why
installation of safety devices on the required air emission controls, as
allowed under this subsection, will not address those situations in which
evacuation of containers equipped with these air emission controls is necessary
and consistent with good engineering and safety practices for handling organic
peroxides.
(j)
For each hazardous waste management unit not using air emission controls
specified in §§ 265.1085 through 265.1088 of this subsection in
accordance with the provisions of § 265.1080(b)(7) of this subsection, the
owner and operator shall record and maintain the following information:
(1) Certification that the waste management
unit is equipped with and operating air emission controls in accordance with
the requirements of an applicable Clean Air Act regulation codified under 40
CFR part 60, part 61, or part 63.
(2) Identification of the specific
requirements codified under 40 CFR part 60, part 61, or part 63 with which the
waste management unit is in compliance.
Subsection DD
--
Containment Buildings
§ 265.1100
Applicability
The requirements of this subsection apply to owners or operators who store or treat hazardous waste in units designed and operated under § 265.1101 of this subsection. The owner or operator is not subject to the definition of land disposal in RCRA section 3004(k) provided that the unit:
(a) Is a completely enclosed,
self-supporting structure that is designed and constructed of manmade materials
of sufficient strength and thickness to support themselves, the waste contents,
and any personnel and heavy equipment that operate within the units, and to
prevent failure due to pressure gradients, settlement, compression, or uplift,
physical contact with the hazardous wastes to which they are exposed; climatic
conditions; and the stresses of daily operation, including the movement of
heavy equipment within the unit and contact of such equipment with containment
walls;
(b) Has a primary barrier
that is designed to be sufficiently durable to withstand the movement of
personnel and handling equipment within the unit;
(c) If the unit is used to manage liquids,
has:
(1) A primary barrier designed and
constructed of materials to prevent migration of hazardous constituents into
the barrier;
(2) A liquid
collection system designed and constructed of materials to minimize the
accumulation of liquid on the primary barrier; and
(3) A secondary containment system designed
and constructed of materials to prevent migration of hazardous constituents
into the barrier, with a leak detection and liquid collection system capable of
detecting, collecting, and removing leaks of hazardous constituents at the
earliest possible time, unless the unit has been granted a variance from the
secondary containment system requirements under §
265.1101(b)(4);
(d) Has
controls as needed to prevent fugitive dust emissions; and
(e) Is designed and operated to ensure
containment and prevent the tracking of materials from the unit by personnel or
equipment.
§ 265.1101
Design and operating standards
(a) All containment buildings must comply
with the following design standards:
(1) The
containment building must be completely enclosed with a floor, walls, and a
roof to prevent exposure to the elements, (e.g., precipitation, wind, run-on),
and to assure containment of managed wastes.
(2) The floor and containment walls of the
unit, including the secondary containment system if required under paragraph
(b) of this section, must be designed and constructed of materials of
sufficient strength and thickness to support themselves, the waste contents,
and any personnel and heavy equipment that operate within the unit, and to
prevent failure due to pressure gradients, settlement, compression, or uplift,
physical contact with the hazardous wastes to which they are exposed; climatic
conditions; and the stresses of daily operation, including the movement of
heavy equipment within the unit and contact of such equipment with containment
walls. The unit must be designed so that it has sufficient structural strength
to prevent collapse or other failure. All surfaces to be in contact with
hazardous wastes must be chemically compatible with those wastes. The Division
will consider standards established by professional organizations generally
recognized by the industry such as the American Concrete Institute (ACI) and
the American Society of Testing Materials (ASTM) in judging the structural
integrity requirements of this paragraph. If appropriate to the nature of the
waste management operation to take place in the unit, an exception to the
structural strength requirement may be made for light-weight doors and windows
that meet these criteria:
(i) They provide an
effective barrier against fugitive dust emissions under paragraph (c)(1)(iv);
and
(ii) The unit is designed and
operated in a fashion that assures that wastes will not actually come in
contact with these openings.
(3) Incompatible hazardous wastes or
treatment reagents must not be placed in the unit or its secondary containment
system if they could cause the unit or secondary containment system to leak,
corrode, or otherwise fail.
(4) A
containment building must have a primary barrier designed to withstand the
movement of personnel, waste, and handling equipment in the unit during the
operating life of the unit and appropriate for the physical and chemical
characteristics of the waste to be managed.
(b) For a containment building used to manage
hazardous wastes containing free liquids or treated with free liquids (the
presence of which is determined by the paint filter test, a visual examination,
or other appropriate means), the owner or operator must include:
(1) A primary barrier designed and
constructed of materials to prevent the migration of hazardous constituents
into the barrier (e.g. a geomembrane covered by a concrete wear
surface).
(2) A liquid collection
and removal system to prevent the accumulation of liquid on the primary barrier
of the containment building:
(i) The primary
barrier must be sloped to drain liquids to the associated collection system;
and
(ii) Liquids and waste must be
collected and removed to minimize hydraulic head on the containment system at
the earliest practicable time that protects human health and the
environment.
(3) A
secondary containment system including a secondary barrier designed and
constructed to prevent migration of hazardous constituents into the barrier,
and a leak detection system that is capable of detecting failure of the primary
barrier and collecting accumulated hazardous wastes and liquids at the earliest
practicable time.
(i) The requirements of the
leak detection component of the secondary containment system are satisfied by
installation of a system that is, at a minimum:
(A) Constructed with a bottom slope of 1
percent or more; and
(B)
Constructed of a granular drainage material with a hydraulic conductivity of 1
x
-2 10 cm/sec or more and a thickness of 12
inches (30.5 cm) or more, or constructed of synthetic or geonet drainage
materials with a transmissivity of 3 x 10-5
m 2 /sec or more.
(ii) If treatment is to be conducted in the
building, an area in which such treatment will be conducted must be designed to
prevent the release of liquids, wet materials, or liquid aerosols to other
portions of the building.
(iii) The
secondary containment system must be constructed of materials that are
chemically resistant to the waste and liquids managed in the containment
building and of sufficient strength and thickness to prevent collapse under the
pressure exerted by overlaying materials and by any equipment used in the
containment building. (Containment buildings can serve as secondary containment
systems for tanks placed within the building under certain conditions. A
containment building can serve as an external liner system for a tank, provided
it meets the requirements of § 265.193(e)(1). In addition, the containment
building must meet the requirements of § 265.193 (b) and (c) to be
considered an acceptable secondary containment system for a tank.)
(4) For existing units other than
90-day generator units, the Director may delay the secondary containment
requirement for up to two years, based on a demonstration by the owner or
operator that the unit substantially meets the standards of this Subsection. In
making this demonstration, the owner or operator must:
(i) Provide written notice to the Director of
their request by February 18, 1993. This notification must describe the unit
and its operating practices with specific reference to the performance of
existing containment systems, and specific plans for retrofitting the unit with
secondary containment;
(ii) Respond
to any comments from the Director on these plans within 30 days; and
(iii) Fulfill the terms of the revised plans,
if such plans are approved by the Director.
(c) Owners or operators of all containment
buildings must:
(1) Use controls and practices
to ensure containment of the hazardous waste within the unit; and, at a
minimum:
(i) Maintain the primary barrier to
be free of significant cracks, gaps, corrosion, or other deterioration that
could cause hazardous waste to be released from the primary barrier;
(ii) Maintain the level of the stored/treated
hazardous waste within the containment walls of the unit so that the height of
any containment wall is not exceeded;
(iii) Take measures to prevent the tracking
of hazardous waste out of the unit by personnel or by equipment used in
handling the waste. An area must be designated to decontaminate equipment and
any rinsate must be collected and properly managed; and
(iv) Take measures to control fugitive dust
emissions such that any openings (doors, windows, vents, cracks, etc.) exhibit
no visible emissions. In addition, all associated particulate collection
devices (e.g., fabric filter, electrostatic precipitator) must be operated and
maintained with sound air pollution control practices. This state of no visible
emissions must be maintained effectively at all times during normal operating
conditions, including when vehicles and personnel are entering and exiting the
unit.
(2) Obtain
certification by an independent qualified Arkansas-registered
professional engineer that the containment building design meets the
requirements of paragraphs (a) through (c) of this section.
(3) Throughout the active life of the
containment building, if the owner or operator detects a condition that could
lead to or has caused a release of hazardous waste, the owner or operator must
repair the condition promptly, in accordance with the following procedures.
(i) Upon detection of a condition that has
led to a release of hazardous waste (e.g., upon detection of leakage from the
primary barrier) the owner or operator must:
(A) Enter a record of the discovery in the
facility operating record;
(B)
Immediately remove the portion of the containment building affected by the
condition from service;
(C)
Determine what steps must be taken to repair the containment building, remove
any leakage from the secondary collection system, and establish a schedule for
accomplishing the cleanup and repairs; and
(D) Within 7 days after the discovery of the
condition, notify the Director of the condition, and within 14 working days,
provide a written notice to the Director with a description of the steps taken
to repair the containment building, and the schedule for accomplishing the
work.
(ii) The Director
will review the information submitted, make a determination regarding whether
the containment building must be removed from service completely or partially
until repairs and cleanup are complete, and notify the owner or operator of the
determination and the underlying rationale in writing.
(iii) Upon completing all repairs and cleanup
the owner or operator must notify the Director in writing and provide a
verification, signed by an independent qualified, Arkansas-registered
professional engineer, that the repairs and cleanup have been
completed according to the written plan submitted in accordance with paragraph
(c)(3)(i)(D) of this section.
(4) Inspect and record in the facility's
operating record at least once every seven days, data gathered from monitoring
and leak detection equipment as well as the containment building and the area
immediately surrounding the containment building to detect signs of releases of
hazardous waste.
(d) For
a containment building that contains both areas with and without secondary
containment, the owner or operator must:
(1)
Design and operate each area in accordance with the requirements enumerated in
paragraphs (a) through (c) of this section;
(2) Take measures to prevent the release of
liquids or wet materials into areas without secondary containment;
and
(3) Maintain in the facility's
operating log a written description of the operating procedures used to
maintain the integrity of areas without secondary containment.
(e) Notwithstanding any other
provision of this subsection, the Director may waive requirements for secondary
containment for a permitted containment building where the owner or operator
demonstrates that the only free liquids in the unit are limited amounts of dust
suppression liquids required to meet occupational health and safety
requirements, and where containment of managed wastes and liquids can be
assured without a secondary containment system.
§ 265.1102
Closure and
post-closure care
(a) At closure of a
containment building, the owner or operator must remove or decontaminate all
waste residues, contaminated containment system components (liners, etc.),
contaminated subsoils, and structures and equipment contaminated with waste and
leachate, and manage them as hazardous waste unless § 261.3(d) of this
rule applies. The closure plan, closure activities, cost estimates for closure,
and financial responsibility for containment buildings must meet all of the
requirements specified in subsections G and H of this section.
(b) If, after removing or decontaminating all
residues and making all reasonable efforts to effect removal or decontamination
of contaminated components, subsoils, structures, and equipment as required in
paragraph (a) of this section, the owner or operator finds that not all
contaminated subsoils can be practicably removed or decontaminated, he must
close the facility and perform post-closure care in accordance with the closure
and post-closure requirements that apply to landfills (§ 265.310). In
addition, for the purposes of closure, post-closure, and financial
responsibility, such a containment building is then considered to be a
landfill, and the owner or operator must meet all of the requirements for
landfills specified in subsections G and H of this section.
§§ 265.1103 - 265.1110
[Reserved]
Subsection
EE
-- Hazardous Waste Munitions and Explosives
Storage
§ 265.1200
Applicability
The requirements of this subsection apply to owners or operators who store munitions and explosive hazardous wastes, except as § 265.1 provides otherwise. (NOTE: Depending on explosive hazards, hazardous waste munitions and explosives may also be managed in other types of storage units, including containment buildings (Section 265, subsection DD), tanks (Section 265, subsection J), or containers (Section 265, subsection I); See § 266.205 for storage of waste military munitions).
§ 265.1201
Design and operating
standards
(a) Hazardous waste munitions
and explosives storage units must be designed and operated with containment
systems, controls, and monitoring, that:
(1)
Minimize the potential for detonation or other means of release of hazardous
waste, hazardous constituents, hazardous decomposition products, or
contaminated run-off, to the soil, ground water, surface water, and
atmosphere;
(2) Provide a primary
barrier, which may be a container (including a shell) or tank, designed to
contain the hazardous waste;
(3)
For wastes stored outdoors, provide that the waste and containers will not be
in standing precipitation;
(4) For
liquid wastes, provide a secondary containment system that assures that any
released liquids are contained and promptly detected and removed from the waste
area, or vapor detection system that assures that any released liquids or
vapors are promptly detected and an appropriate response taken (e.g.,
additional containment, such as overpacking, or removal from the waste area);
and
(5) Provide monitoring and
inspection procedures that assure the controls and containment systems are
working as designed and that releases that may adversely impact human health or
the environment are not escaping from the unit.
(b) Hazardous waste munitions and explosives
stored under this subsection may be stored in one of the following:
(1) Earth-covered magazines. Earth-covered
magazines must be:
(i) Constructed of
waterproofed, reinforced concrete or structural steel arches, with steel doors
that are kept closed when not being accessed;
(ii) Designed and constructed:
(A) To be of sufficient strength and
thickness to support the weight of any explosives or munitions stored and any
equipment used in the unit;
(B) To
provide working space for personnel and equipment in the unit; and
(C) To withstand movement activities that
occur in the unit; and
(iii) Located and designed, with walls and
earthen covers that direct an explosion in the unit in a safe direction, so as
to minimize the propagation of an explosion to adjacent units and to minimize
other effects of any explosion.
(2) Above-ground magazines. Above-ground
magazines must be located and designed so as to minimize the propagation of an
explosion to adjacent units and to minimize other effects of any
explosion.
(3) Outdoor or open
storage areas. Outdoor or open storage areas must be located and designed so as
to minimize the propagation of an explosion to adjacent units and to minimize
other effects of any explosion.
(c) Hazardous waste munitions and explosives
must be stored in accordance with a Standard Operating Procedure specifying
procedures to ensure safety, security, and environmental protection. If these
procedures serve the same purpose as the security and inspection requirements
of § 265.14, the preparedness and prevention procedures of Section 265,
subsection C, and the contingency plan and emergency procedures requirements of
Section 265, subsection D, then these procedures will be used to fulfill those
requirements.
(d) Hazardous waste
munitions and explosives must be packaged to ensure safety in handling and
storage.
(e) Hazardous waste
munitions and explosives must be inventoried at least annually.
(f) Hazardous waste munitions and explosives
and their storage units must be inspected and monitored as necessary to ensure
explosives safety and to ensure that there is no migration of contaminants out
of the unit.
§
265.1202
Closure and post-closure care
(a) At closure of a magazine or unit which
stored hazardous waste under this subsection, the owner or operator must remove
or decontaminate all waste residues, contaminated containment system
components, contaminated subsoils, and structures and equipment contaminated
with waste, and manage them as hazardous waste unless § 261.3(d) of this
rule applies. The closure plan, closure activities, cost estimates for closure,
and financial responsibility for magazines or units must meet all of the
requirements specified in subsections G and H of this section, except that the
owner or operator may defer closure of the unit as long as it remains in
service as a munitions or explosives magazine or storage unit.
(b) If, after removing or decontaminating all
residues and making all reasonable efforts to effect removal or decontamination
of contaminated components, subsoils, structures, and equipment as required in
paragraph (a) of this section, the owner or operator finds that not all
contaminated subsoils can be practicably removed or decontaminated, he or she
must close the facility and perform post-closure care in accordance with the
closure and post-closure requirements that apply to landfills (§ 264.310).
Appendices to Section 265
Appendix I -- Recordkeeping Instructions
The recordkeeping provisions of § 265.73 specify that an owner or operator must keep a written operating record at his facility. This appendix provides additional instructions for keeping portions of the operating record. See § 265.73(b) for additional recordkeeping requirements.
The following information must be recorded, as it becomes available, and maintained in the operating record until closure of the facility in the following manner:
Records of each hazardous waste received, treated, stored, or disposed of at the facility which include the following:
(1) A description by its common name and the
EPA Hazardous Waste Number(s) from part 261 of this rule which apply to the
waste. The waste description also must include the waste's physical form, i.e.,
liquid, sludge, solid, or contained gas. If the waste is not listed in part
261, subsection D, of this rule, the description also must include the process
that produced it (for example, solid filter cake from production of -- -- --, EPA Hazardous Waste Number W051).
Each hazardous waste listed in part 261, rule D, of this rule, and each hazardous waste characteristic defined in part 261, subsection C, of this rule, has a four-digit EPA Hazardous Waste Number assigned to it. This number must be used for recordkeeping and reporting purposes. Where a hazardous waste contains more than one listed hazardous waste, or where more than one hazardous waste characteristic applies to the waste, the waste description must include all applicable EPA Hazardous Waste Numbers.
(2) The estimated or manifest-reported
weight, or volume and density, where applicable, in one of the units of measure
specified in Table 1; and
Table 1
|
Unit of measure |
Code1 |
|
Gallons |
G |
|
Gallons per Hour |
E |
|
Gallons per Day |
U |
|
Liters |
L |
|
Liters Per Hour |
H |
|
Liters Per Day |
V |
|
Short Tons Per Hour |
D |
|
Metric Tons Per Hour |
W |
|
Short Tons Per Day |
N |
|
Metric Tons Per Day |
S |
|
Pounds Per Hour |
J |
|
Kilograms Per Hour |
R |
|
Cubic Yards |
Y |
|
Cubic Meters |
C |
|
Acres |
B |
|
Acre-feet |
A |
|
Hectares |
Q |
|
Hectare-meter |
F |
|
Btu's per Hour |
I |
|
Pounds |
P |
|
Short tons |
T |
|
Kilograms |
K |
|
Tons |
M |
FOOTNOTE: 1Single digit symbols are used here for data processing purposes.
(3) The method(s) (by handling code(s) as
specified in Table 2) and date(s) of treatment, storage, or disposal.
Table 2.
Handling Codes for Treatment, Storage and Disposal Methods
Enter the handling code(s) listed below that most closely represents the technique(s) used at the facility to treat, store or dispose of each quantity of hazardous waste received.
1.
Storage
|
S01 |
Container (barrel, drum, etc.) |
|
S02 |
Tank |
|
S03 |
Waste Pile |
|
S04 |
Surface Impoundment |
|
S05 |
Drip Pad |
|
S06 |
Containment Building (Storage) |
|
S99 |
Other Storage (specify) |
2.
Treatment
(a)
Thermal
Treatment--
|
T06 |
Liquid injection incinerator |
|
T07 |
Rotary kiln incinerator |
|
T08 |
Fluidized bed incinerator |
|
T09 |
Multiple hearth incinerator |
|
T10 |
Infrared furnace incinerator |
|
T11 |
Molten salt destructor |
|
T12 |
Pyrolysis |
|
T13 |
Wet Air oxidation |
|
T14 |
Calcination |
|
T15 |
Microwave discharge |
|
T18 |
Other (specify) |
(b)
Chemical Treatment--
|
T19 |
Absorption mound |
|
T20 |
Absorption field |
|
T21 |
Chemical fixation |
|
T22 |
Chemical oxidation |
|
T23 |
Chemical precipitation |
|
T24 |
Chemical reduction |
|
T25 |
Chlorination |
|
T26 |
Chlorinolysis |
|
T27 |
Cyanide destruction |
|
T28 |
Degradation |
|
T29 |
Detoxification |
|
T30 |
Ion exchange |
|
T31 |
Neutralization |
|
T32 |
Ozonation |
|
T33 |
Photolysis |
|
T34 |
Other (specify) |
(c)
Physical Treatment--
(1)
Separation of components
|
T35 |
Centrifugation |
|
T36 |
Clarification |
|
T37 |
Coagulation |
|
T38 |
Decanting |
|
T39 |
Encapsulation |
|
T40 |
Filtration |
|
T41 |
Flocculation |
|
T42 |
Flotation |
|
T43 |
Foaming |
|
T44 |
Sedimentation |
|
T45 |
Thickening |
|
T46 |
Ultrafiltration |
|
T47 |
Other (specify) |
(2)
Removal of Specific Components
|
T48 |
Absorption-molecular sieve |
|
T49 |
Activated carbon |
|
T50 |
Blending |
|
T51 |
Catalysis |
|
T52 |
Crystallization |
|
T53 |
Dialysis |
|
T54 |
Distillation |
|
T55 |
Electrodialysis |
|
T56 |
Electrolysis |
|
T57 |
Evaporation |
|
T58 |
High gradient magnetic separation |
|
T59 |
Leaching |
|
T60 |
Liquid ion exchange |
|
T61 |
Liquid-liquid extraction |
|
T62 |
Reverse osmosis |
|
T63 |
Solvent recovery |
|
T64 |
Stripping |
|
T65 |
Sand filter |
|
T66 |
Other (specify) |
(d)
Biological Treatment
|
T67 |
Activated sludge |
|
T68 |
Aerobic lagoon |
|
T69 |
Aerobic tank |
|
T70 |
Anaerobic tank |
|
T71 |
Composting |
|
T72 |
Septic tank |
|
T73 |
Spray irrigation |
|
T74 |
Thickening filter |
|
T75 |
Trickling filter |
|
T76 |
Waste stabilization pond |
|
T77 |
Other (specify) |
|
T78 |
[Reserved] |
|
T79 |
[Reserved] |
(e)
Boilers and Industrial Furnaces
|
T80 |
Boiler |
|
T81 |
Cement Kiln |
|
T82 |
Lime Kiln |
|
T83 |
Aggregate Kiln |
|
T84 |
Phosphate Kiln |
|
T85 |
Coke Oven |
|
T86 |
Blast Furnace |
|
T87 |
Smelting, Melting, or Refining Furnace |
|
T88 |
Titanium Dioxide Chloride Process Oxidation Reactor |
|
T89 |
Methane Reforming Furnace |
|
T90 |
Pulping Liquor Recovery Furnace |
|
T91 Acid |
Combustion Device Used in the Recovery of Sulfur Values From Spent Sulfuric |
|
T92 |
Halogen Acid Furnaces |
|
T93 |
Other Industrial Furnaces Listed in 40 CFR 260.10 (specify) |
(f)
Other Treatment
|
T94 |
Containment Building (Treatment) |
3.
Disposal
|
D79 |
Underground Injection |
|
D80 |
Landfill |
|
D81 |
Land Treatment |
|
D82 |
Ocean Disposal |
|
D83 |
Surface Impoundment (to be closed as a landfill) |
|
D99 |
Other Disposal (specify) |
4.
Miscellaneous
|
X01 |
Open Burning/Open Detonation |
|
X02 |
Mechanical Processing |
|
X03 |
Thermal Unit |
|
X04 |
Geologic Repository |
|
X99 |
Other (specify) |
Appendix II -- [Reserved]
Appendix III -- EPA Interim Primary Drinking Water Standards
|
Parameter |
Maximum level (mg/l) |
|
Arsenic |
0.05 |
|
Barium |
1.0 |
|
Cadmium |
0.01 |
|
Chromium |
0.05 |
|
Fluoride |
1.4-2.4 |
|
Lead |
0.05 |
|
Mercury |
0.002 |
|
Nitrate (as N) |
10 |
|
Selenium |
0.01 |
|
Silver |
0.05 |
|
Endrin |
0.0002 |
|
Lindane |
0.004 |
|
Methoxychlor |
0.1 |
|
Toxaphene |
0.005 |
|
2,4-D |
0.1 |
|
2,4,5-TP Silver |
0.01 |
|
Radium |
5 pCi/1 |
|
Gross Alpha |
15 pCi/1 |
|
Gross Beta |
4 millirem/yr |
|
Turbidity |
1/TU |
|
Coliform Bacteria |
1/100 ml |
Comment: Turbidity is applicable only to surface water supplies.
Appendix IV -- Tests for Significance
As required in § 265.93(b) the owner or operator must use the Student's t-test to determine statistically significant changes in the concentration or value of an indicator parameter in periodic ground-water samples when compared to the initial background concentration or value of that indicator parameter. The comparison must consider individually each of the wells in the monitoring system. For three of the indicator parameters (specific conductance, total organic carbon, and total organic halogen) a single-tailed Student's t-test must be used to test at the 0.01 level of significance for significant increases over background. The difference test for pH must be a two-tailed Student's t-test at the overall 0.01 level of significance.
The Student's t-test involves calculation of the value of a t-statistic for each comparison of the mean (average) concentration or value (based on a minimum of four replicate measurements) of an indicator parameter with its initial background concentration or value. The calculated value of the t-statistic must then be compared to the value of the t-statistic found in a table for t-test of significance at the specified level of significance. A calculated value of t which exceeds the value of t found in the table indicates a statistically significant change in the concentration or value of the indicator parameter.
Formulae for calculation of the t-statistic and tables for t-test of significance can be found in most introductory statistics texts.
Appendix V -- Examples of Potentially Incompatible Waste
Many hazardous wastes, when mixed with other waste or materials at a hazardous waste facility, can produce effects which are harmful to human health and the environment, such as (1) heat or pressure, (2) fire or explosion, (3) violent reaction, (4) toxic dusts, mists, fumes, or gases, or (5) flammable fumes or gases.
Below are examples of potentially incompatible wastes, waste components, and materials, along with the harmful consequences which result from mixing materials in one group with materials in another group. The list is intended as a guide to owners or operators of treatment, storage, and disposal facilities, and to enforcement and permit granting officials, to indicate the need for special precautions when managing these potentially incompatible waste materials or components.
This list is not intended to be exhaustive. An owner or operator must, as the rule require, adequately analyze his wastes so that he can avoid creating uncontrolled substances or reactions of the type listed below, whether they are listed below or not.
It is possible for potentially incompatible wastes to be mixed in a way that precludes a reaction (e.g., adding acid to water rather than water to acid) or that neutralizes them (e.g., a strong acid mixed with a strong base), or that controls substances produced (e.g., by generating flammable gases in a closed tank equipped so that ignition cannot occur, and burning the gases in an incinerator).
In the lists below, the mixing of a Group A material with a Group B material may have the potential consequence as noted.
|
Group 1-A |
Group 1-B |
|
Acetylene sludge |
Acid sludge |
|
Alkaline caustic liquids |
Acid and water |
|
Alkaline cleaner |
Battery acid |
|
Alkaline corrosive liquids |
Chemical cleaners |
|
Alkaline corrosive battery fluid |
Electrolyte, acid |
|
Caustic wastewater |
Etching acid liquid or solvent |
|
Lime sludge and other corrosive alkalies |
|
|
Lime wastewater |
Pickling liquor and other corrosive acids |
|
Lime and water |
Spent acid |
|
Spent caustic |
Spent mixed acid |
|
Spent sulfuric acid |
Potential consequences: Heat generation; violent reaction.
|
Group 2-A |
Group 2-B |
|
Aluminum |
Any waste in Group 1-A or 1-B |
|
Beryllium |
|
|
Calcium |
|
|
Lithium |
|
|
Magnesium |
|
|
Potassium |
|
|
Sodium |
|
|
Zinc powder |
|
|
Other reactive metals and metal hydrides |
Potential consequences: Fire or explosion; generation of flammable hydrogen gas.
|
Group 3-A |
Group 3-B |
|
Alcohols |
Any concentrated waste in Groups 1-A or 1-B |
|
Water |
Calcium |
|
Lithium |
|
|
Metal hydrides |
|
|
Potassium |
|
|
SO2Cl2, SOCl2, PCl3, CH3SiCl3 |
|
|
Other water-reactive waste |
Potential consequences: Fire, explosion, or heat generation; generation of flammable or toxic gases.
|
Group 4-A |
Group 4-B |
|
Alcohols |
Concentrated Group 1-A or 1-B wastes |
|
Aldehydes |
Group 2-A wastes |
|
Halogenated hydrocarbons |
|
|
Nitrated hydrocarbons |
|
|
Unsaturated hydrocarbons |
|
|
Other reactive organic compounds and solvents |
Potential consequences: Fire, explosion, or violent reaction.
|
Group 5-A |
Group 5-B |
|
Spent cyanide and sulfide solutions |
Group 1-B wastes |
Potential consequences: Generation of toxic hydrogen cyanide or hydrogen sulfide gas.
|
Group 6-A |
Group 6-B |
|
Chlorates |
Acetic acid and other organic acids |
|
Chlorine |
Concentrated mineral acids |
|
Chlorites |
Group 2-A wastes |
|
Chromic acid |
Group 4-A wastes |
|
Hyphochlorites |
Other flammable and combustible wastes |
|
Nitrates |
|
|
Nitric acid, fuming |
|
|
Perchlorates |
|
|
Permanganates |
|
|
Peroxides |
|
|
Other strong oxidizers |
Potential consequences: Fire, explosion, or violent reaction.
Source: "Law, Regulations, and Guidelines for Handling of Hazardous Waste." California Department of Health, February 1975.
Appendix VI to Section 265 - Compounds With Henry's Law Constant Less Than 0.1 Y/X
|
Compound name |
CAS No. |
|
Acetaldol |
107-89-1 |
|
Acetamide |
60-35-5 |
|
2-Acetylaminofluorene |
53-96-3 |
|
3-Acetyl-5-hydroxypiperidine |
|
|
3-Acetylpiperidine |
618-42-8 |
|
1-Acetyl-2-thiourea |
591-08-2 |
|
Acrylamide |
79-06-1 |
|
Acrylic acid |
79-10-7 |
|
Adenine |
73-24-5 |
|
Adipic acid |
124-04-9 |
|
Adiponitrile |
111-69-3 |
|
Alachlor |
15972-60-8 |
|
Aldicarb |
116-06-3 |
|
Ametryn |
834-12-8 |
|
4-Aminobiphenyl |
92-67-1 |
|
4-Aminopyridine |
504-24-5 |
|
Aniline |
62-53-3 |
|
o-Anisidine |
90-04-0 |
|
Anthraquinone |
84-65-1 |
|
Atrazine |
1912-24-9 |
|
Benzenearsonic acid |
98-05-5 |
|
Benzenesulfonic acid |
98-11-3 |
|
Benzidine |
92-87-5 |
|
Benzo(a)anthracene |
56-55-3 |
|
Benzo(k)fluoranthene |
207-08-9 |
|
Benzoic acid |
65-85-0 |
|
Benzo(g,h,i)perylene |
191-24-2 |
|
Benzo(a)pyrene |
50-32-8 |
|
Benzyl alcohol |
100-51-6 |
|
gamma-BHC |
58-89-9 |
|
Bis(2-ethylhexyl)phthalate |
117-81-7 |
|
Bromochloromethyl acetate |
|
|
Bromoxynil |
1689-84-5 |
|
Butyric acid |
107-92-6 |
|
Caprolactam (hexahydro-2H-azepin-2-one) |
105-60-2 |
|
Catechol (o-dihydroxybenzene) |
120-80-9 |
|
Cellulose |
9004-34-6 |
|
Cell wall |
|
|
Chlorhydrin (3-Chloro-1,2-propanediol) |
96-24-2 |
|
Chloroacetic acid |
79-11-8 |
|
2-Chloroacetophenone |
93-76-5 |
|
p-Chloroaniline |
106-47-8 |
|
p-Chlorobenzophenone |
134-85-0 |
|
Chlorobenzilate |
510-15-6 |
|
p-Chloro-m-cresol (6-chloro-m-cresol) |
59-50-7 |
|
3-Chloro-2,5-diketopyrrolidine |
|
|
Chloro-1,2-ethane diol |
|
|
4-Chlorophenol |
106-48-9 |
|
Chlorophenol polymers (2-chlorophenol & 4-chlorophenol) |
95-57-8 & 106-48-9 |
|
1-(o-Chlorophenyl)thiourea |
5344-82-1 |
|
Chrysene |
218-01-9 |
|
Citric acid |
77-92-9 |
|
Creosote |
8001-58-9 |
|
m-Cresol |
108-39-4 |
|
o-Cresol |
95-48-7 |
|
p-Cresol |
106-44-5 |
|
Cresol (mixed isomers) |
1319-77-3 |
|
4-Cumylphenol |
27576-86 |
|
Cyanide |
57-12-5 |
|
4-Cyanomethyl benzoate |
|
|
Diazinon |
333-41-5 |
|
Dibenzo(a,h)anthracene |
53-70-3 |
|
Dibutylphthalate |
84-74-2 |
|
2,5-Dichloroaniline (N,N'-dichloroaniline) |
95-82-9 |
|
2,6-Dichlorobenzonitrile11 |
1194-65-6 |
|
2,6-Dichloro-4-nitroaniline |
99-30-9 |
|
2,5-Dichlorophenol |
333-41-5 |
|
3,4-Dichlorotetrahydrofuran |
3511-19 |
|
Dichlorvos (DDVP) |
62-73-7 |
|
Diethanolamine |
111-42-2 |
|
N,N-Diethylaniline |
91-66-7 |
|
Diethylene glycol |
111-46-6 |
|
Diethylene glycol dimethyl ether (dimethyl Carbitol) |
111-96-6 |
|
Diethylene glycol monobutyl ether (butyl Carbitol) |
112-34-5 |
|
Diethylene glycol monoethyl ether acetate (Carbitol acetate) |
112-15-2 |
|
Diethylene glycol monoethyl ether (Carbitol Cellosolve) |
111-90-0 |
|
Diethylene glycol monomethyl ether (methyl Carbitol) |
111-77-3 |
|
N,N'-Diethylhydrazine |
1615-80-1 |
|
Diethyl (4-methylumbelliferyl) thionophosphate |
299-45-6 |
|
Diethyl phosphorothioate |
126-75-0 |
|
N,N'-Diethylpropionamide |
15299-99-7 |
|
Dimethoate |
60-51-5 |
|
2,3-Dimethoxystrychnidin-10-one |
357-57-3 |
|
4-Dimethylaminoazobenzene |
60-11-7 |
|
7,12-Dimethylbenz(a)anthracene |
57-97-6 |
|
3,3-Dimethylbenzidine |
119-93-7 |
|
Dimethylcarbamoyl chloride |
79-44-7 |
|
Dimethyldisulfide |
624-92-0 |
|
Dimethylformamide |
68-12-2 |
|
1,1-Dimethylhydrazine |
57-14-7 |
|
Dimethylphthalate |
131-11-3 |
|
Dimethylsulfone |
67-71-0 |
|
Dimethylsulfoxide |
67-68-5 |
|
4,6-Dinitro-o-cresol |
534-52-1 |
|
1,2-Diphenylhydrazine |
122-66-7 |
|
Dipropylene glycol (1,1'-oxydi-2-propanol) |
110-98-5 |
|
Endrin |
72-20-8 |
|
Epinephrine |
51-43-4 |
|
mono-Ethanolamine |
141-43-5 |
|
Ethyl carbamate (urethane) |
5-17-96 |
|
Ethylene glycol |
107-21-1 |
|
Ethylene glycol monobutyl ether (butyl Cellosolve) |
111-76-2 |
|
Ethylene glycol monoethyl ether (Cellosolve) |
110-80-5 |
|
Ethylene glycol monoethyl ether acetate (Cellosolve acetate) |
111-15-9 |
|
Ethylene glycol monomethyl ether (methyl Cellosolve) |
109-86-4 |
|
Ethylene glycol monophenyl ether (phenyl Cellosolve) |
122-99-6 |
|
Ethylene glycol monopropyl ether (propyl Cellosolve) |
2807-30-9 |
|
Ethylene thiourea (2-imidazolidinethione) |
96-45-7 |
|
4-Ethylmorpholine |
100-74-3 |
|
3-Ethylphenol |
620-17-7 |
|
Fluoroacetic acid, sodium salt |
62-74-8 |
|
Formaldehyde |
50-00-0 |
|
Formamide |
75-12-7 |
|
Formic acid |
64-18-6 |
|
Fumaric acid |
110-17-8 |
|
Glutaric acid |
110-94-1 |
|
Glycerin (Glycerol) |
56-81-5 |
|
Glycidol |
556-52-5 |
|
Glycinamide |
598-41-4 |
|
Glyphosate |
1071-83-6 |
|
Guthion |
86-50-0 |
|
Hexamethylene-1,6-diisocyanate (1,6-diisocyanatohexane) |
822-06-0 |
|
Hexamethyl phosphoramide |
680-31-9 |
|
Hexanoic acid |
142-62-1 |
|
Hydrazine |
302-01-2 |
|
Hydrocyanic acid |
74-90-8 |
|
Hydroquinone |
123-31-9 |
|
Hydroxy-2-propionitrile (hydracrylonitrile) |
109-78-4 |
|
Indeno (1,2,3-cd) pyrene |
193-39-5 |
|
Lead acetate |
301-04-2 |
|
Lead subacetate (lead acetate, monobasic) |
1335-32-6 |
|
Leucine |
61-90-5 |
|
Malathion |
121-75-5 |
|
Maleic acid |
110-16-7 |
|
Maleic anhydride |
108-31-6 |
|
Mesityl oxide |
141-79-7 |
|
Methane sulfonic acid |
75-75-2 |
|
Methomyl |
16752-77-5 |
|
p-Methoxyphenol |
150-76-5 |
|
Methyl acrylate |
96-33-3 |
|
4,4'-Methylene-bis-(2-chloroaniline) |
101-14-4 |
|
4,4'-Methylenediphenyl diisocyanate (diphenyl methane diisocyanate) |
101-68-8 |
|
4,4'-Methylenedianiline |
101-77-9 |
|
Methylene diphenylamine (MDA) |
|
|
5-Methylfurfural |
620-02-0 |
|
Methylhydrazine |
60-34-4 |
|
Methyliminoacetic acid |
|
|
Methyl methane sulfonate |
66-27-3 |
|
1 -Methyl-2-methoxyaziridine |
|
|
Methylparathion |
298-00-0 |
|
Methyl sulfuric acid (sulfuric acid, dimethyl ester) |
77-78-1 |
|
4-Methylthiophenol |
106-45-6 |
|
Monomethylformamide (N-methylformamide) |
123-39-7 |
|
Nabam |
142-59-6 |
|
alpha-Naphthol |
90-15-3 |
|
beta-Naphthol |
135-19-3 |
|
alpha-Naphthylamine |
134-32-7 |
|
beta-Naphthylamine |
91-59-8 |
|
Neopentyl glycol (dimethylpropane) |
126-30-7 |
|
Niacinamide |
98-92-0 |
|
o-Nitroaniline |
88-74-4 |
|
Nitroglycerin |
55-63-0 |
|
2-Nitrophenol |
88-75-5 |
|
4-Nitrophenol |
100-02-7 |
|
N-Nitrosodimethylamine |
62-75-9 |
|
Nitrosoguanidine |
674-81-7 |
|
N-Nitroso-n-methylurea |
684-93-5 |
|
N-Nitrosomorpholine (4-nitrosomorpholine) |
59-89-2 |
|
Oxalic acid |
144-62-7 |
|
Parathion |
56-38-2 |
|
Pentaerythritol |
115-77-5 |
|
Phenacetin |
62-44-2 |
|
Phenol |
108-95-2 |
|
Phenylacetic acid |
103-82-2 |
|
m-Phenylene diamine |
108-45-2 |
|
o-Phenylene diamine |
95-54-5 |
|
p-Phenylene diamine |
106-50-3 |
|
Phenyl mercuric acetate |
62-38-4 |
|
Phorate |
298-02-2 |
|
Phthalic anhydride |
85-44-9 |
|
alpha-Picoline (2-methyl pyridine) |
109-06-8 |
|
1,3-Propane sultone |
1120-71-4 |
|
beta-Propiolactone |
57-57-8 |
|
Proporur (Baygon) |
|
|
Propylene glycol |
57-55-6 |
|
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 |
Section 266
- STANDARDS FOR
THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS
WASTE MANAGEMENT FACILITIES
Subsections
A-B
[Reserved]
Subsection C
-- Recyclable Materials
Used in a Manner Constituting Disposal
§
266.20
Applicability
(a) The rules of this subsection apply to
recyclable materials that are applied to or placed on the land:
(1) Without mixing with any other
substance(s); or
(2) After mixing
or combination with any other substance(s). These materials will be referred to
throughout this subsection as "materials used in a manner that constitutes
disposal."
(b) Products
produced for the general public's use that are used in a manner that
constitutes disposal and that contain recyclable materials have undergone a
chemical reaction in the course of producing the products so as to become
inseparable by physical means and if such products meet the applicable
treatment standards in subsection D of Section 268 (or applicable prohibition
levels in § 268.32 or RCRA section 3004(d), where no treatment standards
have been established) for each recyclable material (i.e., hazardous waste)
that they contain and the recycler complies with § 268.7(b)(6) of this
rule.
(c) Anti-skid/deicing uses of
slags, which are generated from high temperature metals recovery (HTMR)
processing of hazardous waste K061, K062, and F006, in a manner constituting
disposal are not covered by the exemption in paragraph (b) of this section and
remain subject to rule.
(d)
Fertilizers that contain recyclable materials are not subject to rule provided
that:
(1) They are zinc fertilizers excluded
from the definition of solid waste according to § 261.4(a)(21) of this
rule; or
(2) They meet the
applicable treatment standards in subsection D of Section 268 of this rule for
each hazardous waste that they contain.
§ 266.21
Standards applicable to
generators and transporters of materials used in a manner that constitute
disposal
Generators and transporters of materials that are used in a manner that constitutes disposal are subject to the applicable requirements of Sections 262 and 263 of this rule, and the notification requirement under Section 3010 of RCRA.
§
266.22
Standards applicable to storers of materials that are
to be used in a manner that constitutes disposal who are not the ultimate
users
Owners or operators of facilities that store recyclable materials that are to be used in a manner that constitutes disposal, but who are not the ultimate users of the materials, are regulated under all applicable provisions of subsections A through L of Sections 264, 265, 267 and Section 270 of this rule and the notification requirement under Section 3010 of RCRA.
§ 266.23
Standards applicable to users of materials that are used in a manner that
constitutes disposal
(a) Owners or
operators of facilities that use recyclable materials in a manner that
constitutes disposal are regulated under all applicable provisions of subparts
A through N of Sections 264, 265, 268, and Section 270 of this rule and the
notification requirement under Section 3010 of RCRA. (These requirements do not
apply to products which contain these recyclable materials under the provisions
of § 266.20(b) of this rule.)
(b) The use of waste or used oil or other
material, which is contaminated with dioxin or any other hazardous waste (other
than a waste identified solely on the basis of ignitability), for dust
suppression or road treatment is prohibited.
Subsection D
--
[Reserved]
Subsection E
[Reserved]
Subsection F
-- Recyclable Materials Utilized for Precious Metal Recovery
§ 266.70
Applicability and
requirements
(a) The rules of this
subsection apply to recyclable materials that are reclaimed to recover
economically significant amounts of gold, silver, platinum, palladium, iridium,
osmium, rhodium, ruthenium, or any combination of these.
(b) Persons who generate, transport, or store
recyclable materials that are regulated under this subsection are subject to
the following requirements:
(1) Notification
requirements under Section 3010 of RCRA;
(2) Subsection B of Section 262 (for
generators), §263.20 and §263.21 (for transporters), and §265.71
and §265.72 (for persons who store) of this rule; and
(3) For precious metals exported to or
imported from other countries for recovery, subsection H of Section 262 and
§ 265.12 of this rule.
(c) Persons who store recycled materials that
are regulated under this subsection must keep the following records to document
that they are not accumulating these materials speculatively (as defined in
§ 261.1(c) of this rule);
(1) Records
showing the volume of these materials stored at the beginning of the calendar
year;
(2) The amount of these
materials generated or received during the calendar year; and
(3) The amount of materials remaining at the
end of the calendar year.
(d) Recyclable materials that are regulated
under this subsection that are accumulated speculatively (as defined in §
261.1(c) of this rule) are subject to all applicable provisions of Sections 262
through 265, 267, and 270 of this rule and 40 CFR 124.
Subsection G
--
Spent Lead-Acid Batteries Being Reclaimed
§
266.80
Applicability and requirements
(a) Are spent lead-acid batteries exempt from
hazardous waste management requirements? If you generate, collect, transport,
store, or regenerate lead-acid batteries for reclamation purposes, you may be
exempt from certain hazardous waste management requirements. Use the following
table to determine which requirements apply to you. Alternatively, you may
choose to manage your spent lead-acid batteries under the "Universal Waste"
rule in Section 273.
(b) If I store
spent lead-acid batteries before I reclaim them but not through regeneration,
which requirements apply? The requirements of paragraph (b) of this section
apply to you if you store spent lead-acid batteries before you reclaim them,
but you don't reclaim them through regeneration. The requirements are slightly
different depending on your RCRA permit status.
(1) For Interim Status Facilities, you must
comply with:
(i) Notification requirements
under section 3010 of RCRA.
(ii)
All applicable provisions in subsection A of Section 265 of this
rule.
(iii) All applicable
provisions in subsection B of Section 265 of this rule, except § 265.13
(waste analysis).
(iv) All
applicable provisions in subsections C and D of Section 265 of this
rule.
(v) All applicable provisions
in subsection E of Section 265 of this rule, except §§ 265.71 and
265.72 (dealing with the use of the manifest and manifest
discrepancies).
(vi) All applicable
provisions in subsections F through L of Section 265 of this rule.
(vii) All applicable provisions in Section
270 of this rule and 40 CFR 124.
(vii) All applicable provisions in Section
267 of this rule.
(2) For
Permitted Facilities.
(i) Notification
requirements under section 3010 of RCRA.
(ii) All applicable provisions in subsection
A of Section 264 of this rule.
(iii) All applicable provisions in subpart B
of Section 264 of this rule (but not § 264.13 (waste analysis).
(iv) All applicable provisions in subsections
C and D of Section 264 of this rule.
(v) All applicable provisions in subsection E
of Section 264 of this rule (but not § 264.71 or § 264.72 (dealing
with the use of the manifest and manifest discrepancies).
(vi) All applicable provisions in subsections
F through L of Section 264 of this rule.
(vii) All applicable provisions in Section
270 of this rule and 40 CFR 124.
(vii) All applicable provisions in Section
267 of this rule.
§ 266.80(a) Table:
|
.....If your batteries |
And if you |
Then you. |
.. . And you |
|
(1) Will be reclaimed through regeneration (such as by electrolyte replacement). |
.. |
.are exempt from §§ 262 (except for § 262.11), 263, 264, 265, 266, 268, and 270 of this rule, and the notification requirements at § 3010 of RCRA. |
... are subject to § 261 and § 262.11 of this rule. |
|
(2) Will be reclaimed other than through regeneration. |
generate, collect, and/or transport these batteries. |
.. are exempt from Sections 262 (except for § 262.11), 263, 264, 265, 266, and 270 of this rule, and the notification requirements at § 3010 of RCRA. |
... are subject to § 261 and § 262.11, and applicable provisions under § 268. |
|
(3) Will be reclaimed other than through regeneration. |
store these batteries but you aren't the reclaimer. |
.. are exempt from §§ 262 (except for § 262.11), 263, 264, 265, 266, and 270 of this rule, and the notification requirements at § 3010 of RCRA. |
... are subject to § 261 and § 262.11, and applicable provisions under § 268. |
|
(4) Will be reclaimed other than through regeneration. |
store these batteries before you reclaim them. |
must comply with § 266.80(b) and as appropriate other regulatory provisions described in § 266.80(b). |
... are subject to § 261, § 262.11, and applicable provisions under § 268. |
|
(5) Will be reclaimed other than through regeneration. |
don't store these batteries before you reclaim them. |
... are exempt from §§ 262 (except for § 262.11), 263, 264, 265, 266, and 270 of this rule, and the notification requirements at § 3010 of RCRA. |
... are subject to § 261, § 262.11, and applicable provisions under § 268. |
|
(6) Will be reclaimed through regeneration or any other means. |
export these batteries for reclamation in a foreign country. |
... are exempt from §§ 262 (except for § 262.11, § 262.18 and subsection H), 263, 264, 265, 266, 268, and 270 of this rule, 40 CFR Part 124, and the notification requirements at Section 3010 of RCRA. |
... are subject to § 261, § 262.11, § 262.18 and § 262, subsection H of this rule. |
|
(7) Will be reclaimed through regeneration or any other means. |
Transport these batteries in the U.S. to export them for reclamation in a foreign country. |
.are exempt from §§ 263,264,265,266,268, and 270 of this rule, 40 CFR Part 124, and the notification requirements at section 3010 of RCRA. |
.must comply with applicable requirements in § 262, subsection H of this rule. |
|
(8) Will be reclaimed other than through regeneration |
Import these batteries from foreign country and store these batteries but you aren't the reclaimer |
are exempt from sections 262 (except for § 262.11, § 262.18 and subsection H), 263, 264, 265, 266, 270, of this section, 40 CFR Part 124, and the notification requirements at section 3010 of RCRA |
are subject to sections 261, § 262.11, § 262.18, part 262 subsection H, and applicable provisions under section 268. |
|
(9) Will be reclaimed other than through regeneration |
Import these batteries from foreign country and store these batteries before you reclaim them |
must comply with 266.80(b) and as appropriate other regulatory provisions described in 266.80(b) |
are subject to sections 261, § 262.11, § 262.18, section 262 subsection H, and applicable provisions under 268. |
|
(10) Will be reclaimed other than through regeneration |
Import these batteries from foreign country and don't store these batteries before you reclaim them |
are exempt from sections 262 (except for § 262.11, § 262.18 and subsection H), 263, 264, 265, 266, 270, 124 of this section, 40 CFR Part 124, and the notification requirements at section 3010 of RCRA |
are subject to sections 261, § 262.11, § 262.18, part 262 subsection H, and applicable provisions under 268. |
Subsection H
-- Hazardous Waste Burned
in Boilers and Industrial Furnaces
§
266.100
Applicability
(a) The rules of this subsection apply to
hazardous waste burned or processed in a boiler or industrial furnace (as
defined in § 260.10 of this rule) irrespective of the purpose of burning
or processing, except as provided by paragraphs (b), (c), (d), (g), and (h) of
this subsection. In this subpart, the term "burn" means burning for energy
recovery or destruction, or processing for materials recovery or as an
ingredient. The emissions standards of §§ 266.104, 266.105, 266.106,
and 266.107 apply to facilities operating under interim status or under a RCRA
permit as specified in §§ 266.102 and 266.103.
(b) Integration of the MACT standards.
(1) Except as provided by paragraphs (b)(2),
(b)(3), and (b)(4) of this subsection, the standards of this section do not
apply to a new hazardous waste boiler or industrial furnace unit that becomes
subject to RCRA permit requirements after October 12, 2005; or no longer apply
when an owner or operator of an existing hazardous waste boiler or industrial
furnace unit demonstrates compliance with the maximum achievable control
technology (MACT) requirements of 40 CFR Part 63, Subpart EEE, by conducting a
comprehensive performance test and submitting to the Director a Notification of
Compliance under
40 CFR
63.1207(j) and
63.1210(d)
documenting compliance with the requirements of 40 CFR Part 63, Subpart EEE.
Nevertheless, even after this demonstration of compliance with the MACT
standards, RCRA permit conditions that were based on the standards of this part
will continue to be in effect until they are removed from the permit or the
permit is terminated or revoked, unless the permit expressly provides
otherwise.
(2) The following
standards continue to apply:
(i) If you elect
to comply with § 270.235(a)(1)(i) of this rule to minimize emissions of
toxic compounds from startup, shutdown, and malfunction events, §
266.102(e)(1) requiring operations in accordance with the operating
requirements specified in the permit at all times that hazardous waste is in
the unit, and § 266.102(e)(2)(iii) requiring compliance with the emission
standards and operating requirements during startup and shutdown if hazardous
waste is in the combustion chamber, except for particular hazardous wastes.
These provisions apply only during startup, shutdown, and malfunction
events;
(ii) The closure
requirements of §§ 266.102(e)(11) and 266.103(l);
(iii) The standards for direct transfer of
§ 266.111;
(iv) The standards
for rule of residues of § 266.112; and
(v) The applicable requirements of
subsections A through H, BB and CC of sections 264 and 265 of this
rule.
(3) If you own or
operate a boiler or hydrochloric acid production furnace that is an area source
under
40
CFR §
63.2 and you elect not to comply
with the emission standards under
40
CFR §§
63.1216,
63.1217,
and
63.1218
for particulate matter, semi-volatile and low volatile metals, and total
chlorine, you also remain subject to:
(i)
Section 266.105 of this rule -Standards to control particulate
matter;
(ii) Section 266.106 of
this rule -Standards to control metals emissions, except for mercury;
and
(iii) Section 266.107 of this
rule -Standards to control hydrogen chloride and chlorine
gas.
(4) The particulate
matter standard of § 266.105 remains in effect for boilers that elect to
comply with the alternative to the particulate matter standard under
40
CFR §§
63.1216(e)
and
63.1217(e).
(c) The following hazardous wastes and
facilities are not subject to rule under this subsection:
(1) Used oil burned for energy recovery that
is also a hazardous waste solely because it exhibits a characteristic of
hazardous waste identified in subsection C of section 261 of this rule. Such
used oil is subject to rule under Section 279 of this rule;
(2) Gas recovered from hazardous or solid
waste landfills when such gas is burned for energy recovery;
(3) Hazardous wastes that are exempt from
rule under §§ 261.4 and 261.6(a)(3) (iii) and (iv) of this rule, and
hazardous wastes that are subject to the special requirements for conditionally
exempt small quantity generators under § 261.5 of this rule; and
(4) Coke ovens, if the only hazardous waste
burned is EPA Hazardous Waste No. K087, decanter tank tar sludge from coking
operations.
(d) Owners
and operators of smelting, melting, and refining furnaces (including
pyrometallurgical devices such as cupolas, sintering machines, roasters, and
foundry furnaces, but not including cement kilns, aggregate kilns, or halogen
acid furnaces burning hazardous waste) that process hazardous waste solely for
metal recovery are conditionally exempt from rule under this subpart, except
for §§ 266.101 and 266.112.
(1) To
be exempt from §§ 266.102 through 266.111, an owner or operator of a
metal recovery furnace or mercury recovery furnace must comply with the
following requirements, except that an owner or operator of a lead or a
nickel-chromium recovery furnace, or a metal recovery furnace that burns
baghouse bags used to capture metallic dusts emitted by steel manufacturing,
must comply with the requirements of paragraph (d)(3) of this section, and
owners or operators of lead recovery furnaces that are subject to rule under
the Secondary Lead Smelting NESHAP must comply with the requirements of
paragraph (h) of this section.
(i) Provide a
one-time written notice to the Director indicating the following:
(A) The owner or operator claims exemption
under this paragraph;
(B) The
hazardous waste is burned solely for metal recovery consistent with the
provisions of paragraph (d)(2) of this section;
(C) The hazardous waste contains recoverable
levels of metals; and
(D) The owner
or operator will comply with the sampling and analysis and recordkeeping
requirements of this paragraph;
(ii) Sample and analyze the hazardous waste
and other feedstocks as necessary to comply with the requirements of this
paragraph by using appropriate methods; and
(iii) Maintain at the facility for at least
three years records to document compliance with the provisions of this
paragraph including limits on levels of toxic organic constituents and BTU
value of the waste, and levels of recoverable metals in the hazardous waste
compared to normal nonhazardous waste feedstocks.
(2) A hazardous waste meeting either of the
following criteria is not processed solely for metal recovery:
(i) The hazardous waste has a total
concentration of organic compounds listed in Section 261, Appendix VIII, of
this rule exceeding 500 ppm by weight, as-fired, and so is considered to be
burned for destruction. The concentration of organic compounds in a waste
as-generated may be reduced to the 500 ppm limit by bona fide
treatment that removes or destroys organic constituents. Blending for
dilution to meet the 500 ppm limit is prohibited and documentation that the
waste has not been impermissibly diluted must be retained in the records
required by paragraph (d)(1)(iii) of this subsection; or
(ii) The hazardous waste has a heating value
of 5,000 Btu/lb or more, as-fired, and so is considered to be burned as fuel.
The heating value of a waste as-generated may be reduced to below the 5,000
Btu/lb limit by bona fide treatment that removes or destroys
organic constituents. Blending for dilution to meet the 5,000 Btu/lb limit is
prohibited and documentation that the waste has not been impermissibly diluted
must be retained in the records required by paragraph (d)(1)(iii) of this
subsection.
(3) To be
exempt from §§ 266.102 through 266.111, an owner or operator of a
lead or nickel-chromium or mercury recovery furnace (except for owners or
operators of lead recovery furnaces subject to rule under the Secondary Lead
Smelting NESHAP) or a metal recovery furnace that burns baghouse bags used to
capture metallic dusts emitted by steel manufacturing, must provide a one-time
written notice to the Director identifying each hazardous waste burned and
specifying whether the owner or operator claims an exemption for each waste
under this paragraph or paragraph (d)(1) of this subsection. The owners or
operator must comply with the requirements of paragraph (d)(1) of this section
for those wastes claimed to be exempt under that paragraph and must comply with
the requirements below for those wastes claimed to be exempt under this
paragraph (d)(3).
(i) The hazardous wastes
listed in Appendices XI, XII, and XIII, Section 266, and baghouse bags used to
capture metallic dusts emitted by steel manufacturing are exempt from the
requirements of paragraph (d)(1) of this subsection, provided that:
(A) A waste listed in appendix XI of this
section must contain recoverable levels of lead, a waste listed in Appendix XII
of this section must contain recoverable levels of nickel or chromium, a waste
listed in Appendix XIII of this section must contain recoverable levels of
mercury and contain less than 500 ppm of Section 261, Appendix VIII organic
constituents, and baghouse bags used to capture metallic dusts emitted by steel
manufacturing must contain recoverable levels of metal; and
(B) The waste does not exhibit the Toxicity
Characteristic of § 261.24 of this rule for an organic constituent;
and
(C) The waste is not a
hazardous waste listed in subsection D of Section 261 of this rule because it
is listed for an organic constituent as identified in Appendix VII of Section
261 of this rule; and
(D) The owner
or operator certifies in the one-time notice that hazardous waste is burned
under the provisions of paragraph (d)(3) of this subsection and that sampling
and analysis will be conducted or other information will be obtained as
necessary to ensure continued compliance with these requirements. Sampling and
analysis shall be conducted according to paragraph (d)(1)(ii) of this
subsection and records to document compliance with paragraph (d)(3) of this
subsection shall be kept for at least three years.
(ii) The Director may decide on a
case-by-case basis that the toxic organic constituents in a material listed in
Appendix XI, XII, or XIII of this section that contains a total concentration
of more than 500 ppm toxic organic compounds listed in Appendix VIII, Section
261 of this rule, may pose a hazard to human health and the environment when
burned in a metal recovery furnace exempt from the requirements of this
subsection. In that situation, after adequate notice and opportunity for
comment, the metal recovery furnace will become subject to the requirements of
this subpart when burning that material. In making the hazard determination,
the Director will consider the following factors:
(A) The concentration and toxicity of organic
constituents in the material; and
(B) The level of destruction of toxic organic
constituents provided by the furnace; and
(C) Whether the acceptable ambient levels
established in Appendices IV or V of this section may be exceeded for any toxic
organic compound that may be emitted based on dispersion modeling to predict
the maximum annual average off-site ground level concentration.
(e) The
standards for direct transfer operations under § 266.111 apply only to
facilities subject to the permit standards of § 266.102 or the interim
status standards of § 266.103.
(f) The management standards for residues
under § 266.112 apply to any boiler or industrial furnace burning
hazardous waste.
(g) Owners and
operators of smelting, melting, and refining furnaces (including
pyrometallurgical devices such as cupolas, sintering machines, roasters, and
foundry furnaces) that process hazardous waste for recovery of economically
significant amounts of the precious metals gold, silver, platinum, palladium,
iridium, osmium, rhodium, or ruthenium, or any combination of these are
conditionally exempt from rule under this subpart, except for § 266.112.
To be exempt from §§ 266.101 through 266.111, an owner or operator
must:
(1) Provide a one-time written notice
to the Director indicating the following:
(i)
The owner or operator claims exemption under this paragraph;
(ii) The hazardous waste is burned for
legitimate recovery of precious metal; and
(iii) The owner or operator will comply with
the sampling and analysis and recordkeeping requirements of this paragraph;
and
(2) Sample and
analyze the hazardous waste as necessary to document that the waste contains
economically significant amounts of the metals and that the treatment recovers
economically significant amounts of precious metal; and
(3) Maintain at the facility for at least
three years records to document that all hazardous wastes burned are burned for
recovery of economically significant amounts of precious metal.
(h) Starting June 23, 1997, owners
or operators of lead recovery furnaces that process hazardous waste for
recovery of lead and that are subject to rule under the Secondary Lead Smelting
NESHAP, are conditionally exempt from rule under this subpart, except for
§ 266.101. To be exempt, an owner or operator must provide a one-time
notice to the Director identifying each hazardous waste burned and specifying
that the owner or operator claims an exemption under this paragraph. The notice
also must state that the waste burned has a total concentration of non-metal
compounds listed in Section 261, Appendix VIII, of this rule of less than 500
ppm by weight, as fired and as provided in paragraph (d)(2)(i) of this
subsection, or is listed in Appendix XI to this Section 266.
§ 266.101
Management
prior to burning
(a) Generators.
Generators of hazardous waste that is burned in a boiler or industrial furnace
are subject to section 262 of this rule.
(b) Transporters. Transporters of hazardous
waste that is burned in a boiler or industrial furnace are subject to section
263 of this rule.
(c) Storage
Facilities.
(1) Owners and operators of
facilities that store or treat hazardous waste that is burned in a boiler or
industrial furnace are subject to the applicable provisions of Sections 264,
265, 267, and 270 of this rule, except as provided by paragraph (c)(2) of this
section. These standards apply to storage and treatment by the burner as well
as to storage and treatment facilities operated by intermediaries (processors,
blenders, distributors, etc.) between the generator and the burner.
(2) Owners and operators of facilities that
burn, in an onsite boiler or industrial furnace exempt from rule under the
small quantity burner provisions of § 266.108, hazardous waste that they
generate are exempt from the rules of Sections 264, 265, 267 and 270 of this
rule applicable to storage units for those storage units that store mixtures of
hazardous waste and the primary fuel to the boiler or industrial furnace in
tanks that feed the fuel mixture directly to the burner. Storage of hazardous
waste prior to mixing with the primary fuel is subject to rule as prescribed in
paragraph (c)(1) of this subsection.
§ 266.102
Permit standards for
burners
(a) Applicability-
(1) General. Owners and operators of boilers
and industrial furnaces burning hazardous waste and not operating under interim
status must comply with the requirements of this section and §§
270.22 and 270.66 of this rule, unless exempt under the small quantity burner
exemption of § 266.108.
(2)
Applicability of Section 264 standards. Owners and operators of boilers and
industrial furnaces that burn hazardous waste are subject to the following
provisions of section 264 of this rule, except as provided otherwise by this
subpart:
(i) In subsection A (General),
264.4;
(ii) In subsection B
(General Facility Standards), §§ 264.11-264.18;
(iii) In subsection C (Preparedness and
Prevention), §§ 264.31-264.37;
(iv) In subsection D (Contingency Plan and
Emergency Procedures), §§ 264.51-264.56;
(v) In subsection E (Manifest System,
recordkeeping, and reporting), the applicable provisions of §§
264.71-264.77;
(vi) In subsection F
(Releases From Solid Waste Management Units), §§ 264.90 and
264.101;
(vii) In subsection G
(Closure and post-closure), §§ 264.111-264.115; (viii) In subsection
H (Financial requirements), §§ 264.141, 264.142, 264.143, and
264.147-264.151, except that States and the Federal government are exempt from
the requirements of subsection H; and
(ix) Subsection BB (Air emission standards
for equipment leaks), except §§ 264.1050(a).
(b) Hazardous waste analysis.
(1) The owner or operator must provide an
analysis of the hazardous waste that quantifies the concentration of any
constituent identified in appendix VIII of Section 261 of this Rule that may
reasonably be expected to be in the waste. Such constituents must be identified
and quantified if present, at levels detectable by using appropriate analytical
procedures. The appendix VIII, Section 261 constituents excluded from this
analysis must be identified and the basis for their exclusion explained. This
analysis will be used to provide all information required by this Subsection
and §§ 270.22 and 270.66 of this Rule and to enable the permit writer
to prescribe such permit conditions as necessary to protect human health and
the environment. Such analysis must be included as a portion of the part B
permit application, or, for facilities operating under the interim status
standards of this Subsection, as a portion of the trial burn plan that may be
submitted before the part B application under provisions of § 270.66(g) of
this Rule as well as any other analysis required by the permit authority in
preparing the permit. Owners and operators of boilers and industrial furnaces
not operating under the interim status standards must provide the information
required by §§ 270.22 or 270.66(c) of this Rule in the part B
application to the greatest extent possible.
(2) Throughout normal operation, the owner or
operator must conduct sampling and analysis as necessary to ensure that the
hazardous waste, other fuels, and industrial furnace feedstocks fired into the
boiler or industrial furnace are within the physical and chemical composition
limits specified in the permit.
(c) Emissions standards. Owners and operators
must comply with emissions standards provided by §§ 266.104 through
266.107.
(d) Permits.
(1) The owner or operator may burn only
hazardous wastes specified in the facility permit and only under the operating
conditions specified under paragraph (e) of this section, except in approved
trial burns under the conditions specified in § 270.66 of this
rule.
(2) Hazardous wastes not
specified in the permit may not be burned until operating conditions have been
specified under a new permit or permit modification, as applicable. Operating
requirements for new wastes may be based on either trial burn results or
alternative data included with part B of a permit application under §
270.22 of this rule.
(3) Boilers
and industrial furnaces operating under the interim status standards of §
266.103 are permitted under procedures provided by § 270.66(g) of this
rule.
(4) A permit for a new boiler
or industrial furnace (those boilers and industrial furnaces not operating
under the interim status standards) must establish appropriate conditions for
each of the applicable requirements of this section, including but not limited
to allowable hazardous waste firing rates and operating conditions necessary to
meet the requirements of paragraph (e) of this section, in order to comply with
the following standards:
(i) For the period
beginning with initial introduction of hazardous waste and ending with
initiation of the trial burn, and only for the minimum time required to bring
the device to a point of operational readiness to conduct a trial burn, not to
exceed a duration of 720 hours operating time when burning hazardous waste, the
operating requirements must be those most likely to ensure compliance with the
emission standards of §§ 266.104 through 266.107, based on the
Director's engineering judgment. If the applicant is seeking a waiver from a
trial burn to demonstrate conformance with a particular emission standard, the
operating requirements during this initial period of operation shall include
those specified by the applicable provisions of § 266.104, § 266.105,
§ 266.106, or § 266.107. The Director may extend the duration of this
period for up to 720 additional hours when good cause for the extension is
demonstrated by the applicant.
(ii)
For the duration of the trial burn, the operating requirements must be
sufficient to demonstrate compliance with the emissions standards of
§§ 266.104 through 266.107 and must be in accordance with the
approved trial burn plan;
(iii) For
the period immediately following completion of the trial burn, and only for the
minimum period sufficient to allow sample analysis, data computation,
submission of the trial burn results by the applicant, review of the trial burn
results and modification of the facility permit by the Director to reflect the
trial burn results, the operating requirements must be those most likely to
ensure compliance with the emission standards §§ 266.104 through
266.107 based on the Director's engineering judgment.
(iv) For the remaining duration of the
permit, the operating requirements must be those demonstrated in a trial burn
or by alternative data specified in § 270.22 of this rule, as sufficient
to ensure compliance with the emissions standards of §§ 266.104
through 266.107.
(e) Operating requirements -
(1) General. A boiler or industrial furnace
burning hazardous waste must be operated in accordance with the operating
requirements specified in the permit at all times where there is hazardous
waste in the unit.
(2) Requirements
to ensure compliance with the organic emissions standards-
(i) DRE standard. Operating conditions will
be specified either on a case-by-case basis for each hazardous waste burned as
those demonstrated (in a trial burn or by alternative data as specified in
§ 270.22) to be sufficient to comply with the destruction and removal
efficiency (DRE) performance standard of § 266.104(a) or as those special
operating requirements provided by § 266.104(a)(4) for the waiver of the
DRE trial burn. When the DRE trial burn is not waived under §
266.104(a)(4), each set of operating requirements will specify the composition
of the hazardous waste (including acceptable variations in the physical and
chemical properties of the hazardous waste which will not affect compliance
with the DRE performance standard) to which the operating requirements apply.
For each such hazardous waste, the permit will specify acceptable operating
limits including, but not limited to, the following conditions as appropriate:
(A) Feed rate of hazardous waste and other
fuels measured and specified as prescribed in paragraph (e)(6) of this
section;
(B) Minimum and maximum
device production rate when producing normal product expressed in appropriate
units, measured and specified as prescribed in paragraph (e)(6) of this
section;
(C) Appropriate controls
of the hazardous waste firing system;
(D) Allowable variation in boiler and
industrial furnace system design or operating procedures;
(E) Minimum combustion gas temperature
measured at a location indicative of combustion chamber temperature, measured
and specified as prescribed in paragraph (e)(6) of this section;
(F) An appropriate indicator of combustion
gas velocity, measured and specified as prescribed in paragraph (e)(6) of this
section, unless documentation is provided under § 270.66 of this rule
demonstrating adequate combustion gas residence time; and
(G) Such other operating requirements as are
necessary to ensure that the DRE performance standard of § 266.104(a) is
met.
(ii) Carbon monoxide
and hydrocarbon standards. The permit must incorporate a carbon monoxide (CO)
limit and, as appropriate, a hydrocarbon (HC) limit as provided by paragraphs
(b), (c), (d), (e) and (f) of § 266.104. The permit limits will be
specified as follows:
(A) When complying with
the CO standard of § 266.104(b)(1), the permit limit is 100
ppmv;
(B) When complying with the
alternative CO standard under § 266.104(c), the permit limit for CO is
based on the trial burn and is established as the average over all valid runs
of the highest hourly rolling average CO level of each run, and the permit
limit for HC is 20 ppmv (as defined in § 266.104(c)(1)), except as
provided in § 266.104(f).
(C)
When complying with the alternative HC limit for industrial furnaces under
§ 266.104(f), the permit limit for HC and CO is the baseline level when
hazardous waste is not burned as specified by that paragraph.
(iii) Start-up and shut-down.
During start-up and shut-down of the boiler or industrial furnace, hazardous
waste (except waste fed solely as an ingredient under the Tier I (or adjusted
Tier I) feed rate screening limits for metals and chloride/chlorine, and except
low risk waste exempt from the trial burn requirements under §§
266.104(a)(5), 266.105, 266.106, and 266.107) must not be fed into the device
unless the device is operating within the conditions of operation specified in
the permit.
(3)
Requirements to ensure conformance with the particulate standard.
(i) Except as provided in paragraphs (e)(3)
(ii) and (iii) of this section, the permit shall specify the following
operating requirements to ensure conformance with the particulate standard
specified in § 266.105:
(A) Total ash
feed rate to the device from hazardous waste, other fuels, and industrial
furnace feedstocks, measured and specified as prescribed in paragraph (e)(6) of
this section;
(B) Maximum device
production rate when producing normal product expressed in appropriate units,
and measured and specified as prescribed in paragraph (e)(6) of this
section;
(C) Appropriate controls
on operation and maintenance of the hazardous waste firing system and any air
pollution control system;
(D)
Allowable variation in boiler and industrial furnace system design including
any air pollution control system or operating procedures; and
(E) Such other operating requirements as are
necessary to ensure that the particulate standard in § 266.105(a) is
met.
(ii) Permit
conditions to ensure conformance with the particulate matter standard shall not
be provided for facilities exempt from the particulate matter standard under
§ 266.105(b);
(iii) For cement
kilns and light-weight aggregate kilns, permit conditions to ensure compliance
with the particulate standard shall not limit the ash content of hazardous
waste or other feed materials.
(4) Requirements to ensure conformance with
the metals emissions standard.
(i) For
conformance with the Tier I (or adjusted Tier I) metals feed rate screening
limits of paragraphs (b) or (e) of § 266.106, the permit shall specify the
following operating requirements:
(A) Total
feed rate of each metal in hazardous waste, other fuels, and industrial furnace
feedstocks measured and specified under provisions of paragraph (e)(6) of this
section;
(B) Total feed rate of
hazardous waste measured and specified as prescribed in paragraph (e)(6) of
this section;
(C) A sampling and
metals analysis program for the hazardous waste, other fuels, and industrial
furnace feedstocks;
(ii)
For conformance with the Tier II metals emission rate screening limits under
§ 266.106(c) and the Tier III metals controls under § 266.106(d), the
permit shall specify the following operating requirements:
(A) Maximum emission rate for each metal
specified as the average emission rate during the trial burn;
(B) Feed rate of total hazardous waste and
pumpable hazardous waste, each measured and specified as prescribed in
paragraph (e)(6)(i) of this section;
(C) Feed rate of each metal in the following
feedstreams, measured and specified as prescribed in paragraphs (e)(6) of this
section:
(1) Total feed streams;
(2) Total hazardous waste feed; and
(3) Total pumpable hazardous waste
feed;
(D) Total feed rate
of chlorine and chloride in total feed streams measured and specified as
prescribed in paragraph (e)(6) of this section;
(E) Maximum combustion gas temperature
measured at a location indicative of combustion chamber temperature, and
measured and specified as prescribed in paragraph (e)(6) of this
section;
(F) Maximum flue gas
temperature at the inlet to the particulate matter air pollution control system
measured and specified as prescribed in paragraph (e)(6) of this
section;
(G) Maximum device
production rate when producing normal product expressed in appropriate units
and measured and specified as prescribed in paragraph (e)(6) of this
section;
(H) Appropriate controls
on operation and maintenance of the hazardous waste firing system and any air
pollution control system;
(I)
Allowable variation in boiler and industrial furnace system design including
any air pollution control system or operating procedures; and
(J) Such other operating requirements as are
necessary to ensure that the metals standards under §§ 266.106(c) or
266.106(d) are met.
(iii)
For conformance with an alternative implementation approach approved by the
Director under § 266.106(f), the permit will specify the following
operating requirements:
(A) Maximum emission
rate for each metal specified as the average emission rate during the trial
burn;
(B) Feed rate of total
hazardous waste and pumpable hazardous waste, each measured and specified as
prescribed in paragraph (e)(6)(i) of this section;
(C) Feed rate of each metal in the following
feedstreams, measured and specified as prescribed in paragraph (e)(6) of this
section:
(1) Total hazardous waste feed;
and
(2) Total pumpable hazardous
waste feed;
(D) Total
feed rate of chlorine and chloride in total feed streams measured and specified
prescribed in paragraph (e)(6) of this section;
(E) Maximum combustion gas temperature
measured at a location indicative of combustion chamber temperature, and
measured and specified as prescribed in paragraph (e)(6) of this
section;
(F) Maximum flue gas
temperature at the inlet to the particulate matter air pollution control system
measured and specified as prescribed in paragraph (e)(6) of this
section;
(G) Maximum device
production rate when producing normal product expressed in appropriate units
and measured and specified as prescribed in paragraph (e)(6) of this
section;
(H) Appropriate controls
on operation and maintenance of the hazardous waste firing system and any air
pollution control system;
(I)
Allowable variation in boiler and industrial furnace system design including
any air pollution control system or operating procedures; and
(J) Such other operating requirements as are
necessary to ensure that the metals standards under §§ 266.106(c) or
266.106(d) are met.
(5) Requirements to ensure conformance with
the hydrogen chloride and chlorine gas standards.
(i) For conformance with the Tier I total
chloride and chlorine feed rate screening limits of § 266.107(b)(1), the
permit will specify the following operating requirements:
(A) Feed rate of total chloride and chlorine
in hazardous waste, other fuels, and industrial furnace feedstocks measured and
specified as prescribed in paragraph (e)(6) of this section;
(B) Feed rate of total hazardous waste
measured and specified as prescribed in paragraph (e)(6) of this
section;
(C) A sampling and
analysis program for total chloride and chlorine for the hazardous waste, other
fuels, and industrial furnace feedstocks;
(ii) For conformance with the Tier II HCl and
Cl2 emission rate screening limits under §
266.107(b)(2) and the Tier III HCl and Cl2 controls
under § 266.107(c), the permit will specify the following operating
requirements:
(A) Maximum emission rate for
HCl and for Cl2 specified as the average emission rate
during the trial burn;
(B) Feed
rate of total hazardous waste measured and specified as prescribed in paragraph
(e)(6) of this section;
(C) Total
feed rate of chlorine and chloride in total feed streams, measured and
specified as prescribed in paragraph (e)(6) of this section;
(D) Maximum device production rate when
producing normal product expressed in appropriate units, measured and specified
as prescribed in paragraph (e)(6) of this section;
(E) Appropriate controls on operation and
maintenance of the hazardous waste firing system and any air pollution control
system;
(F) Allowable variation in
boiler and industrial furnace system design including any air pollution control
system or operating procedures; and
(G) Such other operating requirements as are
necessary to ensure that the HCl and Cl2 standards under
§ 266.107 (b)(2) or (c) are met.
(6) Measuring parameters and establishing
limits based on trial burn data-
(i) General
requirements. As specified in paragraphs (e)(2) through (e)(5) of this section,
each operating parameter shall be measured, and permit limits on the parameter
shall be established, according to either of the following procedures:
(A) Instantaneous limits. A parameter may be
measured and recorded on an instantaneous basis (i.e., the value that occurs at
any time) and the permit limit specified as the time-weighted average during
all valid runs of the trial burn; or
(B) Hourly rolling average.
(1) The limit for a parameter may be
established and continuously monitored on an hourly rolling average basis
defined as follows:
(i) A continuous monitor
is one which continuously samples the regulated parameter without interruption,
and evaluates the detector response at least once each 15 seconds, and computes
and records the average value at least every 60 seconds.
(ii) An hourly rolling average is the
arithmetic mean of the 60 most recent 1-minute average values recorded by the
continuous monitoring system.
(2) The permit limit for the parameter shall
be established based on trial burn data as the average over all valid test runs
of the highest hourly rolling average value for each run.
(ii) Rolling average
limits for carcinogenic metals and lead. Feed rate limits for the carcinogenic
metals (i.e., arsenic, beryllium, cadmium and chromium) and lead may be
established either on an hourly rolling average basis as prescribed by
paragraph (e)(6)(i) of this section or on (up to) a 24 hour rolling average
basis. If the owner or operator elects to use an average period from 2 to 24
hours:
(A) The feed rate of each metal shall
be limited at any time to ten times the feed rate that would be allowed on an
hourly rolling average basis;
(B)
The continuous monitor shall meet the following specifications:
(1) A continuous monitor is one which
continuously samples the regulated parameter without interruption, and
evaluates the detector response at least once each 15 seconds, and computes and
records the average value at least every 60 seconds.
(2) The rolling average for the selected
averaging period is defined as the arithmetic mean of one hour block averages
for the averaging period. A one hour block average is the arithmetic mean of
the one minute averages recorded during the 60-minute period beginning at one
minute after the beginning of the preceding clock hour; and
(C) The permit limit for the feed
rate of each metal shall be established based on trial burn data as the average
over all valid test runs of the highest hourly rolling average feed rate for
each run.
(iii) Feed rate
limits for metals, total chloride and chlorine, and ash. Feed rate limits for
metals, total chlorine and chloride, and ash are established and monitored by
knowing the concentration of the substance (i.e., metals, chloride/chlorine,
and ash) in each feedstream and the flow rate of the feedstream. To monitor the
feed rate of these substances, the flow rate of each feedstream must be
monitored under the continuous monitoring requirements of paragraphs (e)(6) (i)
and (ii) of this section.
(iv)
Conduct of trial burn testing.
(A) If
compliance with all applicable emissions standards of §§ 266.104
through 266.107 is not demonstrated simultaneously during a set of test runs,
the operating conditions of additional test runs required to demonstrate
compliance with remaining emissions standards must be as close as possible to
the original operating conditions.
(B) Prior to obtaining test data for purposes
of demonstrating compliance with the emissions standards of §§
266.104 through 266.107 or establishing limits on operating parameters under
this section, the facility must operate under trial burn conditions for a
sufficient period to reach steady-state operations. The Director may determine,
however, that industrial furnaces that recycle collected particulate matter
back into the furnace and that comply with an alternative implementation
approach for metals under § 266.106(f) need not reach steady state
conditions with respect to the flow of metals in the system prior to beginning
compliance testing for metals emissions.
(C) Trial burn data on the level of an
operating parameter for which a limit must be established in the permit must be
obtained during emissions sampling for the pollutant(s) (i.e., metals, PM,
HCl/Cl2, organic compounds) for which the parameter must
be established as specified by paragraph (e) of this section.
(7) General
requirements-
(i) Fugitive emissions. Fugitive
emissions must be controlled by:
(A) Keeping
the combustion zone totally sealed against fugitive emissions; or
(B) Maintaining the combustion zone pressure
lower than atmospheric pressure; or
(C) An alternate means of control
demonstrated (with part B of the permit application) to provide fugitive
emissions control equivalent to maintenance of combustion zone pressure lower
than atmospheric pressure.
(ii) Automatic waste feed cutoff. A boiler or
industrial furnace must be operated with a functioning system that
automatically cuts off the hazardous waste feed when operating conditions
deviate from those established under this section. The Director may limit the
number of cutoffs per an operating period on a case-by-case basis. In addition:
(A) The permit limit for (the indicator of)
minimum combustion chamber temperature must be maintained while hazardous waste
or hazardous waste residues remain in the combustion chamber,
(B) Exhaust gases must be ducted to the air
pollution control system operated in accordance with the permit requirements
while hazardous waste or hazardous waste residues remain in the combustion
chamber; and
(C) Operating
parameters for which permit limits are established must continue to be
monitored during the cutoff, and the hazardous waste feed shall not be
restarted until the levels of those parameters comply with the permit limits.
For parameters that may be monitored on an instantaneous basis, the Director
will establish a minimum period of time after a waste feed cutoff during which
the parameter must not exceed the permit limit before the hazardous waste feed
may be restarted.
(iii)
Changes. A boiler or industrial furnace must cease burning hazardous waste when
changes in combustion properties, or feed rates of the hazardous waste, other
fuels, or industrial furnace feedstocks, or changes in the boiler or industrial
furnace design or operating conditions deviate from the limits as specified in
the permit.
(8)
Monitoring and Inspections.
(i) The owner or
operator must monitor and record the following, at a minimum, while burning
hazardous waste:
(A) If specified by the
permit, feed rates and composition of hazardous waste, other fuels, and
industrial furnace feedstocks, and feed rates of ash, metals, and total
chloride and chlorine;
(B) If
specified by the permit, carbon monoxide (CO), hydrocarbons (HC), and oxygen on
a continuous basis at a common point in the boiler or industrial furnace
downstream of the combustion zone and prior to release of stack gases to the
atmosphere in accordance with operating requirements specified in paragraph
(e)(2)(ii) of this section. CO, HC, and oxygen monitors must be installed,
operated, and maintained in accordance with methods specified in Appendix IX of
this Section
(C) Upon the request
of the Director, sampling and analysis of the hazardous waste (and other fuels
and industrial furnace feedstocks as appropriate), residues, and exhaust
emissions must be conducted to verify that the operating requirements
established in the permit achieve the applicable standards of §§
266.104, 266.105, 266.106, and 266.107.
(ii) All monitors shall record data in units
corresponding to the permit limit unless otherwise specified in the
permit.
(iii) The boiler or
industrial furnace and associated equipment (pumps, valves, pipes, fuel storage
tanks, etc.) must be subjected to thorough visual inspection when it contains
hazardous waste, at least daily for leaks, spills, fugitive emissions, and
signs of tampering.
(iv) The
automatic hazardous waste feed cutoff system and associated alarms must be
tested at least once every 7 days when hazardous waste is burned to verify
operability, unless the applicant demonstrates to the Director that weekly
inspections will unduly restrict or upset operations and that less frequent
inspections will be adequate. At a minimum, operational testing must be
conducted at least once every 30 days.
(v) These monitoring and inspection data must
be recorded and the records must be placed in the operating record required by
§ 264.73 of this rule.
(9) Direct transfer to the burner. If
hazardous waste is directly transferred from a transport vehicle to a boiler or
industrial furnace without the use of a storage unit, the owner and operator
must comply with § 266.111.
(10) Recordkeeping. The owner or operator
must maintain in the operating record of the facility all information and data
required by this section for five (5) years.
(11) Closure. At closure, the owner or
operator must remove all hazardous waste and hazardous waste residues
(including, but not limited to, ash, scrubber waters, and scrubber sludges)
from the boiler or industrial furnace.
§ 266.103
Interim status standards
for burners
(a) Purpose, scope,
applicability -
(1) General.
(i) The purpose of this section is to
establish minimum national standards for owners and operators of "existing"
boilers and industrial furnaces that burn hazardous waste where such standards
define the acceptable management of hazardous waste during the period of
interim status. The standards of this section apply to owners and operators of
existing facilities until either a permit is issued under § 266.102(d) or
until closure responsibilities identified in this section are
fulfilled.
(ii) "Existing or in
existence" means a boiler or industrial furnace that on or before August 21,
1991 is either in operation burning or processing hazardous waste or for which
construction (including the ancillary facilities to burn or to process the
hazardous waste) has commenced. A facility has commenced construction if the
owner or operator has obtained the Federal, State, and local approvals or
permits necessary to begin physical construction; and either:
(A) A continuous on-site, physical
construction program has begun; or
(B) The owner or operator has entered into
contractual obligations-which cannot be canceled or modified without
substantial loss-for physical construction of the facility to be completed
within a reasonable time.
(iii) If a boiler or industrial furnace is
located at a facility that already has a permit or interim status, then the
facility must comply with the applicable rules dealing with permit
modifications in § 270.42 or changes in interim status in § 270.72 of
this rule.
(2)
Exemptions. The requirements of this section do not apply to hazardous waste
and facilities exempt under §§ 266.100(b), or 266.108.
(3) Prohibition on burning dioxin-listed
wastes. The following hazardous waste listed for dioxin and hazardous waste
derived from any of these wastes may not be burned in a boiler or industrial
furnace operating under interim status: F020, F021, F022, F023, F026, and
F027.
(4) Applicability of Section
265 standards. Owners and operators of boilers and industrial furnaces that
burn hazardous waste and are operating under interim status are subject to the
following provisions of section 265 of this rule, except as provided otherwise
by this section:
(i) In subsection A
(General), § 265.4;
(ii) In
subsection B (General facility standards), §§
265.11-265.17;
(iii) In subsection
C (Preparedness and prevention), §§ 265.31-265.37;
(iv) In subsection D (Contingency plan and
emergency procedures), §§ 265.51-265.56;
(v) In subsection E (Manifest system,
recordkeeping, and reporting), §§ 265.71-265.77, except that
§§ 265.71, 265.72, and 265.76 do not apply to owners and operators of
on-site facilities that do not receive any hazardous waste from off-site
sources;
(vi) In subsection G
(Closure and post-closure), §§ 265.111-265.115;
(vii) In subsection H (Financial
requirements), §§ 265.141, 265.142, 265.143, and 265.147 - 265.150,
except that States and the Federal government are exempt from the requirements
of Subsection H; and
(viii)
Subsection BB (Air emission standards for equipment leaks), except §
265.1050(a).
(5) Special
requirements for furnaces. The following controls apply during interim status
to industrial furnaces (e.g., kilns, cupolas) that feed hazardous waste for a
purpose other than solely as an ingredient (see paragraph (a)(5)(ii) of this
section) at any location other than the hot end where products are normally
discharged or where fuels are normally fired:
(i) Controls.
(A) The hazardous waste shall be fed at a
location where combustion gas temperatures are at least 1800 °F;
(B) The owner or operator must determine that
adequate oxygen is present in combustion gases to combust organic constituents
in the waste and retain documentation of such determination in the facility
record;
(C) For cement kiln
systems, the hazardous waste shall be fed into the kiln; and
(D) The hydrocarbon controls of §
266.104(c) or paragraph (c)(5) of this section apply upon certification of
compliance under paragraph (c) of this section irrespective of the CO level
achieved during the compliance test.
(ii) Burning hazardous waste solely as an
ingredient. A hazardous waste is burned for a purpose other than solely as an
ingredient if it meets either of these criteria:
(A) The hazardous waste has a total
concentration of nonmetal compounds listed in Section 261, Appendix VIII, of
this rule exceeding 500 ppm by weight, as-fired, and so is considered to be
burned for destruction. The concentration of nonmetal compounds in a waste
as-generated may be reduced to the 500 ppm limit by bona fide treatment that
removes or destroys nonmetal constituents. Blending for dilution to meet the
500 ppm limit is prohibited and documentation that the waste has not been
impermissibly diluted must be retained in the facility record; or
(B) The hazardous waste has a heating value
of 5,000 Btu/lb or more, as-fired, and so is considered to be burned as fuel.
The heating value of a waste as-generated may be reduced to below the 5,000
Btu/lb limit by bona fide treatment that removes or destroys organic
constituents. Blending to augment the heating value to meet the 5,000 Btu/lb
limit is prohibited and documentation that the waste has not been impermissibly
blended must be retained in the facility record.
(6) Restrictions on burning hazardous waste
that is not a fuel. Prior to certification of compliance under paragraph (c) of
this section, owners and operators shall not feed hazardous waste that has a
heating value less than 5,000 Btu/lb, as-generated, (except that the heating
value of a waste as-generated may be increased to above the 5,000 Btu/lb limit
by bona fide treatment; however, blending to augment the heating value to meet
the 5,000 Btu/lb limit is prohibited and records must be kept to document that
impermissible blending has not occurred) in a boiler or industrial furnace,
except that:
(i) Hazardous waste may be burned
solely as an ingredient; or
(ii)
Hazardous waste may be burned for purposes of compliance testing (or testing
prior to compliance testing) for a total period of time not to exceed 720
hours; or
(iii) Such waste may be
burned if the Director has documentation to show that, prior to August 21,
1991:
(A) The boiler or industrial furnace is
operating under the interim status standards for incinerators provided by
subsection O of section 265 of this rule, or the interim status standards for
thermal treatment units provided by subsection P of Section 265 of this rule;
and
(B) The boiler or industrial
furnace met the interim status eligibility requirements under § 270.70 of
this rule for subsection O or subsection P of Section 265 of this rule;
and
(C) Hazardous waste with a
heating value less than 5,000 Btu/lb was burned prior to that date;
or
(iv) Such waste may be
burned in a halogen acid furnace if the waste was burned as an excluded
ingredient under § 261.2(e) of this rule prior to February 21, 1991 and
documentation is kept on file supporting this claim.
(7) Direct transfer to the burner. If
hazardous waste is directly transferred from a transport vehicle to a boiler or
industrial furnace without the use of a storage unit, the owner and operator
must comply with § 266.111.
(b) Certification of precompliance-
(1) General. The owner or operator must
provide complete and accurate information specified in paragraph (b)(2) of this
section to the Director on or before August 21, 1991, and must establish limits
for the operating parameters specified in paragraph (b)(3) of this section.
Such information is termed a "certification of precompliance" and constitutes a
certification that the owner or operator has determined that, when the facility
is operated within the limits specified in paragraph (b)(3) of this section,
the owner or operator believes that, using best engineering judgment, emissions
of particulate matter, metals, and HCl and Cl2 are not
likely to exceed the limits provided by §§ 266.105, 266.106, and
266.107. The facility may burn hazardous waste only under the operating
conditions that the owner or operator establishes under paragraph (b)(3) of
this section until the owner or operator submits a revised certification of
precompliance under paragraph (b)(8) of this section or a certification of
compliance under paragraph (c) of this section, or until a permit is
issued.
(2) Information required.
The following information must be submitted with the certification of
precompliance to support the determination that the limits established for the
operating parameters identified in paragraph (b)(3) of this section are not
likely to result in an exceedance of the allowable emission rates for
particulate matter, metals, and HCl and Cl2:
(i) General facility information:
(A) EPA facility ID number;
(B) Facility name, contact person, telephone
number, and address;
(C)
Description of boilers and industrial furnaces burning hazardous waste,
including type and capacity of device;
(D) A scaled plot plan showing the entire
facility and location of the boilers and industrial furnaces burning hazardous
waste; and
(E) A description of the
air pollution control system on each device burning hazardous waste, including
the temperature of the flue gas at the inlet to the particulate matter control
system.
(ii) Except for
facilities complying with the Tier I or Adjusted Tier I feed rate screening
limits for metals or total chlorine and chloride provided by §§
266.106 (b) or (e) and 266.107 (b)(1) or (e), respectively, the estimated
uncontrolled (at the inlet to the air pollution control system) emissions of
particulate matter, each metal controlled by § 266.106, and hydrogen
chloride and chlorine, and the following information to support such
determinations:
(A) The feed rate (lb/hr) of
ash, chlorine, antimony, arsenic, barium, beryllium, cadmium, chromium, lead,
mercury, silver, and thallium in each feedstream (hazardous waste, other fuels,
industrial furnace feedstocks);
(B)
The estimated partitioning factor to the combustion gas for the materials
identified in paragraph (b)(2)(ii)(A) of this section and the basis for the
estimate and an estimate of the partitioning to HCl and
Cl2 of total chloride and chlorine in feed materials. To
estimate the partitioning factor, the owner or operator must use either best
engineering judgment or the procedures specified in Appendix IX of this
section.
(C) For industrial
furnaces that recycle collected particulate matter (PM) back into the furnace
and that will certify compliance with the metals emissions standards under
paragraph (c)(3)(ii)(A), the estimated enrichment factor for each metal. To
estimate the enrichment factor, the owner or operator must use either best
engineering judgment or the procedures specified in "Alternative Methodology
for Implementing Metals Controls" in Appendix IX of this section.
(D) If best engineering judgment is used to
estimate partitioning factors or enrichment factors under paragraphs
(b)(2)(ii)(B) or (b)(2)(ii)(C) respectively, the basis for the judgment. When
best engineering judgment is used to develop or evaluate data or information
and make determinations under this section, the determinations must be made by
a qualified, registered professional engineer and a certification of his/her
determinations in accordance with § 270.11(d) of this rule must be
provided in the certification of precompliance.
(iii) For facilities complying with the Tier
I or Adjusted Tier I feed rate screening limits for metals or total chlorine
and chloride provided by §§ 266.106 (b) or (e) and 266.107 (b)(1) or
(e), the feed rate (lb/hr) of total chloride and chlorine, antimony, arsenic,
barium, beryllium, cadmium, chromium, lead, mercury, silver, and thallium in
each feed stream (hazardous waste, other fuels, industrial furnace
feedstocks).
(iv) For facilities
complying with the Tier II or Tier III emission limits for metals or HCl and
Cl2 (under §§ 266.106 (c) or (d) or
266.107(b)(2) or (c)), the estimated controlled (outlet of the air pollution
control system) emissions rates of particulate matter, each metal controlled by
§ 266.106, and HCl and Cl2, and the following
information to support such determinations:
(A) The estimated air pollution control
system (APCS) removal efficiency for particulate matter, HCl,
Cl2, antimony, arsenic, barium, beryllium, cadmium,
chromium, lead, mercury, silver, and thallium.
(B) To estimate APCS removal efficiency, the
owner or operator must use either best engineering judgment or the procedures
prescribed in Appendix IX of this section.
(C) If best engineering judgment is used to
estimate APCS removal efficiency, the basis for the judgment. Use of best
engineering judgment must be in conformance with provisions of paragraph
(b)(2)(ii)(D) of this section.
(v) Determination of allowable emissions
rates for HCl, Cl2, antimony, arsenic, barium,
beryllium, cadmium, chromium, lead, mercury, silver, and thallium, and the
following information to support such determinations:
(A) For all facilities:
(1) Physical stack height;
(2) Good engineering practice stack height as
defined by
40
CFR 51.100(ii);
(3) Maximum flue gas flow rate;
(4) Maximum flue gas temperature;
(5) Attach a US Geological Service
topographic map (or equivalent) showing the facility location and surrounding
land within 5 km of the facility;
(6) Identify terrain type: complex or
noncomplex; and
(7) Identify land
use: urban or rural.
(B)
For owners and operators using Tier III site specific dispersion modeling to
determine allowable levels under § 266.106(d) or § 266.107(c), or
adjusted Tier I feed rate screening limits under §§ 266.106(e) or
266.107(e):
(1) Dispersion model and version
used;
(2) Source of meteorological
data;
(3) The dilution factor in
micrograms per cubic meter per gram per second of emissions for the maximum
annual average off-site (unless on-site is required) ground level concentration
(MEI location); and
(4) Indicate
the MEI location on the map required under paragraph
(b)(2)(v)(A)(5);
(vi) For facilities complying with the Tier
II or III emissions rate controls for metals or HCl and
Cl2, a comparison of the estimated controlled emissions
rates determined under paragraph (b)(2)(iv) with the allowable emission rates
determined under paragraph (b)(2)(v);
(vii) For facilities complying with the Tier
I (or adjusted Tier I) feed rate screening limits for metals or total chloride
and chlorine, a comparison of actual feed rates of each metal and total
chlorine and chloride determined under paragraph (b)(2)(iii) of this section to
the Tier I allowable feed rates; and
(viii) For industrial furnaces that feed
hazardous waste for any purpose other than solely as an ingredient (as defined
by paragraph (a)(5)(ii) of this section) at any location other than the product
discharge end of the device, documentation of compliance with the requirements
of paragraphs (a)(5)(i) (A), (B), and (C) of this section.
(ix) For industrial furnaces that recycle
collected particulate matter (PM) back into the furnace and that will certify
compliance with the metals emissions standards under paragraph (c)(3)(ii) (A)
of this section:
(A) The applicable
particulate matter standard in lb/hr; and
(B) The precompliance limit on the
concentration of each metal in collected PM.
(3) Limits on operating conditions. The owner
and operator shall establish limits on the following parameters consistent with
the determinations made under paragraph (b)(2) of this section and certify
(under provisions of paragraph (b)(9) of this section) to the Director that the
facility will operate within the limits during interim status when there is
hazardous waste in the unit until revised certification of precompliance under
paragraph (b)(8) of this section or certification of compliance under paragraph
(c) of this section:
(i) Feed rate of total
hazardous waste and (unless complying with the Tier I or adjusted Tier I metals
feed rate screening limits under § 266.106(b) or (e)) pumpable hazardous
waste;
(ii) Feed rate of each metal
in the following feed streams:
(A) Total feed
streams, except that industrial furnaces that comply with the alternative
metals implementation approach under paragraph (b)(4) of this section must
specify limits on the concentration of each metal in collected particulate
matter in lieu of feed rate limits for total feedstreams;
(B) Total hazardous waste feed, unless
complying with the Tier I or Adjusted Tier I metals feed rate screening limits
under § 266.106 (b) or (e); and
(C) Total pumpable hazardous waste feed,
unless complying with the Tier I or adjusted Tier I metals feed rate screening
limits under § 266.106 (b) or (e);
(iii) Total feed rate of chlorine and
chloride in total feed streams;
(iv) Total feed rate of ash in total feed
streams, except that the ash feed rate for cement kilns and light-weight
aggregate kilns is not limited; and
(v) Maximum production rate of the device in
appropriate units when producing normal product, unless complying with the Tier
I or Adjusted Tier I feed rate screening limits for chlorine under §
266.107 (b)(1) or (e) and for all metals under § 266.106 (b) or (e), and
the uncontrolled particulate emissions do not exceed the standard under §
266.105.
(4) Operating
requirements for furnaces that recycle PM. Owners and operators of furnaces
that recycle collected particulate matter (PM) back into the furnace and that
will certify compliance with the metals emissions controls under paragraph
(c)(3)(ii)(A) of this section must comply with the special operating
requirements provided in "Alternative Methodology for Implementing Metals
Controls" in Appendix IX of this section.
(5) Measurement of feed rates and production
rate-
(i) General requirements. Limits on
each of the parameters specified in paragraph (b)(3) of this section (except
for limits on metals concentrations in collected particulate matter (PM) for
industrial furnaces that recycle collected PM) shall be established and
continuously monitored under either of the following methods:
(A) Instantaneous limits. A limit for a
parameter may be established and continuously monitored and recorded on an
instantaneous basis (i.e., the value that occurs at any time) not to be
exceeded at any time; or
(B) Hourly
rolling average limits. A limit for a parameter may be established and
continuously monitored on an hourly rolling average basis defined as follows:
(1) A continuous monitor is one which
continuously samples the regulated parameter without interruption, and
evaluates the detector response at least once each 15 seconds, and computes and
records the average value at least every 60 seconds.
(2) An hourly rolling average is the
arithmetic mean of the 60 most recent 1-minute average values recorded by the
continuous monitoring system.
(ii) Rolling average limits for carcinogenic
metals and lead. Feed rate limits for the carcinogenic metals (arsenic,
beryllium, cadmium, and chromium) and lead may be established either on an
hourly rolling average basis as prescribed by paragraph (b)(5)(i)(B) or on (up
to) a 24 hour rolling average basis. If the owner or operator elects to use an
averaging period from 2 to 24 hours:
(A) The
feed rate of each metal shall be limited at any time to ten times the feed rate
that would be allowed on an hourly rolling average basis;
(B) The continuous monitor shall meet the
following specifications:
(1) A continuous
monitor is one which continuously samples the regulated parameter without
interruption, and evaluates the detector response at least once each 15
seconds, and computes and records the average value at least every 60
seconds.
(2) The rolling average
for the selected averaging period is defined as the arithmetic mean of one hour
block averages for the averaging period. A one hour block average is the
arithmetic mean of the one minute averages recorded during the 60-minute period
beginning at one minute after the beginning of preceding clock hour.
(iii) Feed rate limits
for metals, total chloride and chlorine, and ash. Feed rate limits for metals,
total chlorine and chloride, and ash are established and monitored by knowing
the concentration of the substance (i.e., metals, chloride/chlorine, and ash)
in each feedstream and the flow rate of the feedstream. To monitor the feed
rate of these substances, the flow rate of each feedstream must be monitored
under the continuous monitoring requirements of paragraphs (b)(5) (i) and (ii)
of this section.
(6)
Public notice requirements at precompliance. On or before August 21, 1991 the
owner or operator must submit a notice with the following information for
publication in a major local newspaper of general circulation and send a copy
of the notice to the appropriate units of State and local government. The owner
and operator must provide to the Director with the certification of
precompliance evidence of submitting the notice for publication. The notice,
which shall be entitled "Notice of Certification of Precompliance with
Hazardous Waste Burning Requirements of
40 CFR
266.103(b)", must include:
(i) Name and address of the owner and
operator of the facility as well as the location of the device burning
hazardous waste;
(ii) Date that the
certification of precompliance is submitted to the Director;
(iii) Brief description of the regulatory
process required to comply with the interim status requirements of this section
including required emissions testing to demonstrate conformance with emissions
standards for organic compounds, particulate matter, metals, and HCl and
Cl2 ;
(iv)
Types and quantities of hazardous waste burned including, but not limited to,
source, whether solids or liquids, as well as an appropriate description of the
waste;
(v) Type of device(s) in
which the hazardous waste is burned including a physical description and
maximum production rate of each device;
(vi) Types and quantities of other fuels and
industrial furnace feedstocks fed to each unit;
(vii) Brief description of the basis for this
certification of precompliance as specified in paragraph (b)(2) of this
section;
(viii) Locations where the
record for the facility can be viewed and copied by interested parties. These
records and locations shall at a minimum include:
(A) The administrative record kept by the
Agency office where the supporting documentation was submitted or another
location designated by the Director; and
(B) The BIF correspondence file kept at the
facility site where the device is located. The correspondence file must include
all correspondence between the facility and the Director, state and local
regulatory officials, including copies of all certifications and notifications,
such as the precompliance certification, precompliance public notice, notice of
compliance testing, compliance test report, compliance certification, time
extension requests and approvals or denials, enforcement notifications of
violations, and copies of EPA and State site visit reports submitted to the
owner or operator.
(ix)
Notification of the establishment of a facility mailing list whereby interested
parties shall notify the Agency that they wish to be placed on the mailing list
to receive future information and notices about this facility; and
(x) Location (mailing address) of the
Division's Hazardous Waste Division, where further information can be obtained
on EPA and state rules of hazardous waste burning.
(7) Monitoring other operating parameters.
When the monitoring systems for the operating parameters listed in paragraphs
(c)(1)(v through xiii) of this section are installed and operating in
conformance with vendor specifications or (for CO, HC, and oxygen)
specifications provided by Appendix IX of this section, as appropriate, the
parameters shall be continuously monitored and records shall be maintained in
the operating record.
(8) Revised
certification of precompliance. The owner or operator may revise at any time
the information and operating conditions documented under paragraphs (b)(2) and
(b)(3) of this section in the certification of precompliance by submitting a
revised certification of precompliance under procedures provided by those
paragraphs.
(i) The public notice
requirements of paragraph (b)(6) of this section do not apply to
recertifications.
(ii) The owner
and operator must operate the facility within the limits established for the
operating parameters under paragraph (b)(3) of this section until a revised
certification is submitted under this paragraph or a certification of
compliance is submitted under paragraph (c) of this section.
(9) Certification of precompliance
statement. The owner or operator must include the following signed statement
with the certification of precompliance submitted to the Director:
"I certify under penalty of law that this information was prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gathered and evaluated the information and supporting documentation. Copies of all emissions tests, dispersion modeling results and other information used to determine conformance with the requirements of § 266.103(b) are available at the facility and can be obtained from the facility contact person listed above. Based on my inquiry of the person or persons who manages the facility, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
I also acknowledge that the operating limits established in this certification pursuant to § 266.103(b) (3) and (4) are enforceable limits at which the facility can legally operate during interim status until:
(1) A revised certification of
precompliance is submitted,
(2) a
certification of compliance is submitted, or
(3) an operating permit is
issued."
(c)
Certification of compliance. The owner or operator shall conduct emissions
testing to document compliance with the emissions standards of §§
266.104 (b) through (e), 266.105, 266.106, 266.107, and paragraph (a)(5)(i)(D)
of this section, under the procedures prescribed by this paragraph, except
under extensions of time provided by paragraph (c)(7). Based on the compliance
test, the owner or operator shall submit to the Director on or before August
21, 1992 a complete and accurate "certification of compliance" (under paragraph
(c)(4) of this section) with those emission standards establishing limits on
the operating parameters specified in paragraph (c)(1).
(1) Limits on operating conditions. The owner
or operator shall establish limits on the following parameters based on
operations during the compliance test (under procedures prescribed in paragraph
(c)(4)(iv) of this section) or as otherwise specified and include these limits
with the certification of compliance. The boiler or industrial furnace must be
operated in accordance with these operating limits and the applicable emissions
standards of §§ 266.104(b) through (e), 266.105, 266.106, 266.107,
and 266.103(a)(5)(i)(D) at all times when there is hazardous waste in the unit.
(i) Feed rate of total hazardous waste and
(unless complying with the Tier I or adjusted Tier I metals feed rate screening
limits under § 266.106(b) or (e)), pumpable hazardous waste;
(ii) Feed rate of each metal in the following
feedstreams:
(A) Total feedstreams, except
that:
(1) Facilities that comply with Tier I
or Adjusted Tier I metals feed rate screening limits may set their operating
limits at the metals feed rate screening limits determined under §
266.106(b) or (e); and
(2)
Industrial furnaces that must comply with the alternative metals implementation
approach under paragraph (c)(3)(ii) of this section must specify limits on the
concentration of each metal in the collected particulate matter in lieu of feed
rate limits for total feedstreams;
(B) Total hazardous waste feed (unless
complying with the Tier I or Adjusted Tier I metals feed rate screening limits
under § 266.106(b) or (e)); and
(C) Total pumpable hazardous waste feed
(unless complying with the Tier I or Adjusted Tier I metals feed rate screening
limits under § 266.106(b) or (e));
(iii) Total feed rate of chlorine and
chloride in total feed streams, except that facilities that comply with Tier I
or Adjusted Tier I feed rate screening limits may set their operating limits at
the total chlorine and chloride feed rate screening limits determined under
§ 266.107(b)(1) or (e);
(iv)
Total feed rate of ash in total feed streams, except that the ash feed rate for
cement kilns and light-weight aggregate kilns is not limited;
(v) Carbon monoxide concentration, and where
required, hydrocarbon concentration in stack gas. When complying with the CO
controls of § 266.104(b), the CO limit is 100 ppmv, and when complying
with the HC controls of § 266.104(c), the HC limit is 20 ppmv. When
complying with the CO controls of § 266.104(c), the CO limit is
established based on the compliance test;
(vi) Maximum production rate of the device in
appropriate units when producing normal product, unless complying with the Tier
I or Adjusted Tier I feed rate screening limits for chlorine under §
266.107(b)(1) or (e) and for all metals under § 266.106(b) or (e), and the
uncontrolled particulate emissions do not exceed the standard under §
266.105;
(vii) Maximum combustion
chamber temperature where the temperature measurement is as close to the
combustion zone as possible and is upstream of any quench water injection
(unless complying with the Tier I or Adjusted Tier I metals feed rate screening
limits under § 266.106(b) or (e));
(viii) Maximum flue gas temperature entering
a particulate matter control device (unless complying with Tier I or Adjusted
Tier I metals feed rate screening limits under § 266.106(b) or (e) and the
total chlorine and chloride feed rate screening limits under § 266.107(b)
or (e));
(ix) For systems using wet
scrubbers, including wet ionizing scrubbers (unless complying with the Tier I
or Adjusted Tier I metals feed rate screening limits under § 266.106(b) or
(e) and the total chlorine and chloride feed rate screening limits under §
266.107(b)(1) or (e)):
(A) Minimum liquid to
flue gas ratio;
(B) Minimum
scrubber blowdown from the system or maximum suspended solids content of
scrubber water; and
(C) Minimum pH
level of the scrubber water;
(x) For systems using venturi scrubbers, the
minimum differential gas pressure across the venturi (unless complying with the
Tier I or Adjusted Tier I metals feed rate screening limits under §
266.106(b) or (e) and the total chlorine and chloride feed rate screening
limits under § 266.107(b)(1) or (e));
(xi) For systems using dry scrubbers (unless
complying with the Tier I or Adjusted Tier I metals feed rate screening limits
under § 266.106(b) or (e) and the total chlorine and chloride feed rate
screening limits under § 266.107(b)(1) or (e)):
(A) Minimum caustic feed rate; and
(B) Maximum flue gas flow rate;
(xii) For systems using wet
ionizing scrubbers or electrostatic precipitators (unless complying with the
Tier I or Adjusted Tier I metals feed rate screening limits under §
266.106(b) or (e) and the total chlorine and chloride feed rate screening
limits under § 266.107(b)(1) or (e)):
(A)
Minimum electrical power in kilovolt amperes (kVA) to the precipitator plates;
and
(B) Maximum flue gas flow
rate;
(xiii) For systems
using fabric filters (baghouses), the minimum pressure drop (unless complying
with the Tier I or Adjusted Tier I metal feed rate screening limits under
§ 266.106(b) or (e) and the total chlorine and chloride feed rate
screening limits under § 266.107(b)(1) or (e)).
(2) Prior notice of compliance testing. At
least 30 days prior to the compliance testing required by paragraph (c)(3) of
this section, the owner or operator shall notify the Director and submit the
following information:
(i) General facility
information including:
(A) EPA facility ID
number;
(B) Facility name, contact
person, telephone number, and address;
(C) Person responsible for conducting
compliance test, including company name, address, and telephone number, and a
statement of qualifications;
(D)
Planned date of the compliance test;
(ii) Specific information on each device to
be tested including:
(A) Description of
boiler or industrial furnace;
(B) A
scaled plot plan showing the entire facility and location of the boiler or
industrial furnace;
(C) A
description of the air pollution control system;
(D) Identification of the continuous emission
monitors that are installed, including:
(1)
Carbon monoxide monitor;
(2) Oxygen
monitor;
(3) Hydrocarbon monitor,
specifying the minimum temperature of the system and, if the temperature is
less than 150 °C, an explanation of why a heated system is not used (see
paragraph (c)(5) of this section) and a brief description of the sample gas
conditioning system;
(E)
Indication of whether the stack is shared with another device that will be in
operation during the compliance test;
(F) Other information useful to an
understanding of the system design or operation.
(iii) Information on the testing planned,
including a complete copy of the test protocol and Quality Assurance/Quality
Control (QA/QC) plan, and a summary description for each test providing the
following information at a minimum:
(A)
Purpose of the test (e.g., demonstrate compliance with emissions of particulate
matter); and
(B) Planned operating
conditions, including levels for each pertinent parameter specified in
paragraph (c)(1) of this section.
(3) Compliance testing. -
(i) General. Compliance testing must be
conducted under conditions for which the owner or operator has submitted a
certification of precompliance under paragraph (b) of this section and under
conditions established in the notification of compliance testing required by
paragraph (c)(2) of this section. The owner or operator may seek approval on a
case-by-case basis to use compliance test data from one unit in lieu of testing
a similar onsite unit. To support the request, the owner or operator must
provide a comparison of the hazardous waste burned and other feedstreams, and
the design, operation, and maintenance of both the tested unit and the similar
unit. The Director shall provide a written approval to use compliance test data
in lieu of testing a similar unit if he finds that the hazardous wastes, the
devices, and the operating conditions are sufficiently similar, and the data
from the other compliance test is adequate to meet the requirements of §
266.103(c).
(ii) Special
requirements for industrial furnaces that recycle collected PM. Owners and
operators of industrial furnaces that recycle back into the furnace particulate
matter (PM) from the air pollution control system must comply with one of the
following procedures for testing to determine compliance with the metals
standards of § 266.106(c) or (d):
(A)
The special testing requirements prescribed in "Alternative Method for
Implementing Metals Controls" in Appendix IX of this section; or
(B) Stack emissions testing for a minimum of
6 hours each day while hazardous waste is burned during interim status. The
testing must be conducted when burning normal hazardous waste for that day at
normal feed rates for that day and when the air pollution control system is
operated under normal conditions. During interim status, hazardous waste
analysis for metals content must be sufficient for the owner or operator to
determine if changes in metals content may affect the ability of the facility
to meet the metals emissions standards established under § 266.106(c) or
(d). Under this option, operating limits (under paragraph (c)(1) of this
section) must be established during compliance testing under paragraph (c)(3)
of this section only on the following parameters;
(1) Feed rate of total hazardous
waste;
(2) Total feed rate of
chlorine and chloride in total feed streams;
(3) Total feed rate of ash in total feed
streams, except that the ash feed rate for cement kilns and light-weight
aggregate kilns is not limited;
(4)
Carbon monoxide concen-tration, and where required, hydro-carbon concentration
in stack gas;
(5) Maximum
production rate of the device in appropriate units when producing normal
product; or
(C) Conduct
compliance testing to determine compliance with the metals standards to
establish limits on the operating parameters of paragraph (c)(1) of this
section only after the kiln system has been conditioned to enable it to reach
equilibrium with respect to metals fed into the system and metals emissions.
During conditioning, hazardous waste and raw materials having the same metals
content as will be fed during the compliance test must be fed at the feed rates
that will be fed during the compliance test.
(iii) Conduct of compliance testing.
(A) If compliance with all applicable
emissions standards of §§ 266.104 through 266.107 is not demonstrated
simultaneously during a set of test runs, the operating conditions of
additional test runs required to demonstrate compliance with remaining
emissions standards must be as close as possible to the original operating
conditions.
(B) Prior to obtaining
test data for purposes of demonstrating compliance with the applicable
emissions standards of §§ 266.104 through 266.107 or establishing
limits on operating parameters under this section, the facility must operate
under compliance test conditions for a sufficient period to reach steady-state
operations. Industrial furnaces that recycle collected particulate matter back
into the furnace and that comply with paragraphs (c)(3)(ii)(A) or (B) of this
section, however, need not reach steady state conditions with respect to the
flow of metals in the system prior to beginning compliance testing for
metals.
(C) Compliance test data on
the level of an operating parameter for which a limit must be established in
the certification of compliance must be obtained during emissions sampling for
the pollutant(s) (i.e., metals, PM, HCl/Cl2, organic
compounds) for which the parameter must be established as specified by
paragraph (c)(1) of this section.
(4) Certification of compliance. Within 90
days of completing compliance testing, the owner or operator must certify to
the Director compliance with the emissions standards of §§
266.104(b), (c), and (e), 266.105, 266.106, 266.107, and paragraph (a)(5)(i)(D)
of this section. The certification of compliance must include the following
information:
(i) General facility and testing
information including:
(A) EPA facility ID
number;
(B) Facility name, contact
person, telephone number, and address;
(C) Person responsible for conducting
compliance testing, including company name, address, and telephone number, and
a statement of qualifications;
(D)
Date(s) of each compliance test;
(E) Description of boiler or industrial
furnace tested;
(F) Person
responsible for quality assurance/quality control (QA/QC), title, and telephone
number, and statement that procedures prescribed in the QA/QC plan submitted
under § 266.103(c)(2)(iii) have been followed, or a description of any
changes and an explanation of why changes were necessary.
(G) Description of any changes in the unit
configuration prior to or during testing that would alter any of the
information submitted in the prior notice of compliance testing under paragraph
(c)(2) of this section, and an explanation of why the changes were
necessary;
(H) Description of any
changes in the planned test conditions prior to or during the testing that
alter any of the information submitted in the prior notice of compliance
testing under paragraph (c)(2) of this section, and an explanation of why the
changes were necessary; and
(I) The
complete report on results of emissions testing.
(ii) Specific information on each test
including:
(A) Purpose(s) of test (e.g.,
demonstrate conformance with the emissions limits for particulate matter,
metals, HCl, Cl2, and CO)
(B) Summary of test results for each run and
for each test including the following information:
(1) Date of run;
(2) Duration of run;
(3) Time-weighted average and highest hourly
rolling average CO level for each run and for the test;
(4) Highest hourly rolling average HC level,
if HC monitoring is required for each run and for the test;
(5) If dioxin and furan testing is required
under § 266.104(e), time-weighted average emissions for each run and for
the test of chlorinated dioxin and furan emissions, and the predicted maximum
annual average ground level concentration of the toxicity equivalency
factor;
(6) Time-weighted average
particulate matter emissions for each run and for the test;
(7) Time-weighted average HCl and
Cl2 emissions for each run and for the test;
(8) Time-weighted average emissions for the
metals subject to rule under § 266.106 for each run and for the test;
and
(9) QA/QC results.
(iii) Comparison of the
actual emissions during each test with the emissions limits prescribed by
§§ 266.104 (b), (c), and (e), 266.105, 266.106, and 266.107 and
established for the facility in the certification of precompliance under
paragraph (b) of this section.
(iv)
Determination of operating limits based on all valid runs of the compliance
test for each applicable parameter listed in paragraph (c)(1) of this section
using either of the following procedures:
(A)
Instantaneous limits. A parameter may be measured and recorded on an
instantaneous basis (i.e., the value that occurs at any time) and the operating
limit specified as the time-weighted average during all runs of the compliance
test; or
(B) Hourly rolling average
basis.
(1) The limit for a parameter may be
established and continuously monitored on an hourly rolling average basis
defined as follows:
(i) A continuous monitor
is one which continuously samples the regulated parameter without interruption,
and evaluates the detector response at least once each 15 seconds, and computes
and records the average value at least every 60 seconds.
(ii) An hourly rolling average is the
arithmetic mean of the 60 most recent 1-minute average values recorded by the
continuous monitoring system.
(2) The operating limit for the parameter
shall be established based on compliance test data as the average over all test
runs of the highest hourly rolling average value for each run.
(C) Rolling average limits for
carcinogenic metals and lead. Feed rate limits for the carcinogenic metals
(i.e., arsenic, beryllium, cadmium and chromium) and lead may be established
either on an hourly rolling average basis as prescribed by paragraph
(c)(4)(iv)(B) of this section or on (up to) a 24 hour rolling average basis. If
the owner or operator elects to use an averaging period from 2 to 24 hours:
(1) The feed rate of each metal shall be
limited at any time to ten times the feed rate that would be allowed on an
hourly rolling average basis;
(2)
The continuous monitor shall meet the following specifications:
(i) A continuous monitor is one which
continuously samples the regulated parameter without interruption, and
evaluates the detector response at least once each 15 seconds, and computes and
records the average value at least every 60 seconds.
(ii) The rolling average for the selected
averaging period is defined as arithmetic mean of one hour block averages for
the averaging period. A one hour block average is the arithmetic mean of the
one minute averages recorded during the 60-minute period beginning at one
minute after the beginning of preceding clock hour; and
(3) The operating limit for the feed rate of
each metal shall be established based on compliance test data as the average
over all test runs of the highest hourly rolling average feed rate for each
run.
(D) Feed rate limits
for metals, total chloride and chlorine, and ash. Feed rate limits for metals,
total chlorine and chloride, and ash are established and monitored by knowing
the concentration of the substance (i.e., metals, chloride/chlorine, and ash)
in each feedstream and the flow rate of the feedstream. To monitor the feed
rate of these substances, the flow rate of each feedstream must be monitored
under the continuous monitoring requirements of paragraphs (c)(4)(iv) (A)
through (C) of this section.
(v) Certification of compliance statement.
The following statement shall accompany the certification of compliance: "I
certify under penalty of law that this information was prepared under my
direction or supervision in accordance with a system designed to ensure that
qualified personnel properly gathered and evaluated the information and
supporting documentation. Copies of all emissions tests, dispersion modeling
results and other information used to determine conformance with the
requirements of § 266.103(c) are available at the facility and can be
obtained from the facility contact person listed above. Based on my inquiry of
the person or persons who manages the facility, or those persons directly
responsible for gathering the information, the information submitted is, to the
best of my knowledge and belief, true, accurate, and complete. I am aware that
there are significant penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations.
I also acknowledge that the operating conditions established in this certification pursuant to § 266.103(c)(4)(iv) are enforceable limits at which the facility can legally operate during interim status until a revised certification of compliance is submitted."
(5) Special requirements for HC monitoring
systems. When an owner or operator is required to comply with the hydrocarbon
(HC) controls provided by Sec. 266.104(c) or paragraph (a)(5)(i)(D) of this
section, a conditioned gas monitoring system may be used in conformance with
specifications provided in Appendix IX of this section provided that the owner
or operator submits a certification of compliance without using extensions of
time provided by paragraph (c)(7) of this section.
(6) Special operating requirements for
industrial furnaces that recycle collected PM. Owners and operators of
industrial furnaces that recycle back into the furnace particulate matter (PM)
from the air pollution control system must:
(i) When complying with the requirements of
paragraph (c)(3)(ii)(A) of this section, comply with the operating requirements
prescribed in "Alternative Method to Implement the Metals Controls" in Appendix
IX of this section; and
(ii) When
complying with the requirements of paragraph (c)(3)(ii)(B) of this section,
comply with the operating requirements prescribed by that paragraph.
(7) Extensions of time.
(i) If the owner or operator does not submit
a complete certification of compliance for all of the applicable emissions
standards of §§ 266.104, 266.105, 266.106, and 266.107 by August 21,
1992, he/she must either:
(A) Stop burning
hazardous waste and begin closure activities under paragraph (l) of this
section for the hazardous waste portion of the facility; or
(B) Limit hazardous waste burning only for
purposes of compliance testing (and pretesting to prepare for compliance
testing) a total period of 720 hours for the period of time beginning August
21, 1992, submit a notification to the Director by August 21, 1992 stating that
the facility is operating under restricted interim status and intends to resume
burning hazardous waste, and submit a complete certification of compliance by
August 23, 1993; or
(C) Obtain a
case-by-case extension of time under paragraph (c)(7)(ii) of this
section.
(ii) The owner
or operator may request a case-by-case extension of time to extend any time
limit provided by paragraph (c) of this section if compliance with the time
limit is not practicable for reasons beyond the control of the owner or
operator.
(A) In granting an extension, the
Director may apply conditions as the facts warrant to ensure timely compliance
with the requirements of this section and that the facility operates in a
manner that does not pose a hazard to human health and the
environment;
(B) When an owner or
operator requests an extension of time to enable the facility to comply with
the alternative hydrocarbon provisions of § 266.104(f) and obtain a RCRA
operating permit because the facility cannot meet the HC limit of §
266.104(c) of this rule:
(1) The Director
shall, in considering whether to grant the extension:
(i) Determine whether the owner and operator
have submitted in a timely manner a complete part B permit application that
includes information required under § 270.22(b) of this rule;
and
(ii) Consider whether the owner
and operator have made a good faith effort to certify compliance with all other
emission controls, including the controls on dioxins and furans of §
266.104(e) and the controls on PM, metals, and HCl/Cl
2.
(2) If an extension is granted, the Director
shall, as a condition of the extension, require the facility to operate under
flue gas concentration limits on CO and HC that, based on available
information, including information in the part B permit application, are
baseline CO and HC levels as defined by § 266.104(f)(1).
(8) Revised
certification of compliance. The owner or operator may submit at any time a
revised certification of compliance (recertification of compliance) under the
following procedures:
(i) Prior to submittal
of a revised certification of compliance, hazardous waste may not be burned for
more than a total of 720 hours under operating conditions that exceed those
established under a current certification of compliance, and such burning may
be conducted only for purposes of determining whether the facility can operate
under revised conditions and continue to meet the applicable emissions
standards of §§ 266.104, 266.105, 266.106, and 266.107;
(ii) At least 30 days prior to first burning
hazardous waste under operating conditions that exceed those established under
a current certification of compliance, the owner or operator shall notify the
Director and submit the following information:
(A) EPA facility ID number, and facility
name, contact person, telephone number, and address;
(B) Operating conditions that the owner or
operator is seeking to revise and description of the changes in facility design
or operation that prompted the need to seek to revise the operating
conditions;
(C) A determination
that when operating under the revised operating conditions, the applicable
emissions standards of §§ 266.104, 266.105, 266.106, and 266.107 are
not likely to be exceeded. To document this determination, the owner or
operator shall submit the applicable information required under paragraph
(b)(2) of this section; and
(D)
Complete emissions testing protocol for any pretesting and for a new compliance
test to determine compliance with the applicable emissions standards of
§§ 266.104, 266.105, 266.106, and 266.107 when operating under
revised operating conditions. The protocol shall include a schedule of
pre-testing and compliance testing. If the owner and operator revises the
scheduled date for the compliance test, he/she shall notify the Director in
writing at least 30 days prior to the revised date of the compliance
test;
(iii) Conduct a
compliance test under the revised operating conditions and the protocol
submitted to the Director to determine compliance with the applicable emissions
standards of §§ 266.104, 266.105, 266.106, and 266.107; and
(iv) Submit a revised certification of
compliance under paragraph (c)(4) of this section.
(d) Periodic
Recertifications. The owner or operator must conduct compliance testing and
submit to the Director a recertification of compliance under provisions of
paragraph (c) of this section within five (5) years from submitting the
previous certification or recertification. If the owner or operator seeks to
recertify compliance under new operating conditions, he/she must comply with
the requirements of paragraph (c)(8) of this section.
(e) Noncompliance with certification
schedule. If the owner or operator does not comply with the interim status
compliance schedule provided by paragraphs (b), (c), and (d) of this section,
hazardous waste burning must terminate on the date that the deadline is missed,
closure activities must begin under paragraph (l) of this section, and
hazardous waste burning may not resume except under an operating permit issued
under § 270.66 of this rule. For purposes of compliance with the closure
provisions of paragraph (l) of this section and §§ 265.112(d)(2) and
265.113 of this rule the boiler or industrial furnace has received "the known
final volume of hazardous waste" on the date that the deadline is
missed.
(f) Start-up and shut-down.
Hazardous waste (except waste fed solely as an ingredient under the Tier I (or
adjusted Tier I) feed rate screening limits for metals and chloride/chlorine)
must not be fed into the device during start-up and shut-down of the boiler or
industrial furnace, unless the device is operating within the conditions of
operation specified in the certification of compliance.
(g) Automatic waste feed cutoff. During the
compliance test required by paragraph (c)(3) of this section, and upon
certification of compliance under paragraph (c) of this section, a boiler or
industrial furnace must be operated with a functioning system that
automatically cuts off the hazardous waste feed when the applicable operating
conditions specified in paragraphs (c)(1) (i) and (v through xiii) of this
section deviate from those established in the certification of compliance. In
addition:
(1) To minimize emissions of
organic compounds, the minimum combustion chamber temperature (or the indicator
of combustion chamber temperature) that occurred during the compliance test
must be maintained while hazardous waste or hazardous waste residues remain in
the combustion chamber, with the minimum temperature during the compliance test
defined as either:
(i) If compliance with the
combustion chamber temperature limit is based on an hourly rolling average, the
minimum temperature during the compliance test is considered to be the average
over all runs of the lowest hourly rolling average for each run; or
(ii) If compliance with the combustion
chamber temperature limit is based on an instantaneous temperature measurement,
the minimum temperature during the compliance test is considered to be the
time-weighted average temperature during all runs of the test; and
(2) Operating parameters limited
by the certification of compliance must continue to be monitored during the
cutoff, and the hazardous waste feed shall not be restarted until the levels of
those parameters comply with the limits established in the certification of
compliance.
(h) Fugitive
emissions. Fugitive emissions must be controlled by:
(1) Keeping the combustion zone totally
sealed against fugitive emissions; or
(2) Maintaining the combustion zone pressure
lower than atmospheric pressure; or
(3) An alternate means of control that the
owner or operator can demonstrate provide fugitive emissions control equivalent
to maintenance of combustion zone pressure lower than atmospheric pressure.
Support for such demonstration shall be included in the operating
record.
(i) Changes. A
boiler or industrial furnace must cease burning hazardous waste when changes in
combustion properties, or feed rates of the hazardous waste, other fuels, or
industrial furnace feedstocks, or changes in the boiler or industrial furnace
design or operating conditions deviate from the limits specified in the
certification of compliance.
(j)
Monitoring and Inspections.
(1) The owner or
operator must monitor and record the following, at a minimum, while burning
hazardous waste:
(i) Feed rates and
composition of hazardous waste, other fuels, and industrial furnace feed
stocks, and feed rates of ash, metals, and total chloride and chlorine as
necessary to ensure conformance with the certification of precompliance or
certification of compliance;
(ii)
Carbon monoxide (CO), oxygen, and if applicable, hydrocarbons (HC), on a
continuous basis at a common point in the boiler or industrial furnace
downstream of the combustion zone and prior to release of stack gases to the
atmosphere in accordance with the operating limits specified in the
certification of compliance. CO, HC, and oxygen monitors must be installed,
operated, and maintained in accordance with methods specified in Appendix IX of
this part.
(iii) Upon the request
of the Director, sampling and analysis of the hazardous waste (and other fuels
and industrial furnace feed stocks as appropriate) and the stack gas emissions
must be conducted to verify that the operating conditions established in the
certification of precompliance or certification of compliance achieve the
applicable standards of §§ 266.104, 266.105, 266.106, and
266.107.
(2) The boiler
or industrial furnace and associated equipment (pumps, valves, pipes, fuel
storage tanks, etc.) must be subjected to thorough visual inspection when they
contain hazardous waste, at least daily for leaks, spills, fugitive emissions,
and signs of tampering.
(3) The
automatic hazardous waste feed cutoff system and associated alarms must be
tested at least once every 7 days when hazardous waste is burned to verify
operability, unless the owner or operator can demonstrate that weekly
inspections will unduly restrict or upset operations and that less frequent
inspections will be adequate. Support for such demonstration shall be included
in the operating record. At a minimum, operational testing must be conducted at
least once every 30 days.
(4) These
monitoring and inspection data must be recorded and the records must be placed
in the operating log.
(k)
Recordkeeping. The owner or operator must keep in the operating record of the
facility all information and data required by this section for five (5)
years.
(l) Closure. At closure, the
owner or operator must remove all hazardous waste and hazardous waste residues
(including, but not limited to, ash, scrubber waters, and scrubber sludges)
from the boiler or industrial furnace and must comply with §§
265.111-265.115 of this rule.
§
266.104
Standards to control organic emissions
(a) DRE standard-(1) General. Except as
provided in paragraph (a)(3) of this section, a boiler or industrial furnace
burning hazardous waste must achieve a destruction and removal efficiency (DRE)
of 99.99% for all organic hazardous constituents in the waste feed. To
demonstrate conformance with this requirement, 99.99% DRE must be demonstrated
during a trial burn for each principal organic hazardous constituent (POHC)
designated (under paragraph (a)(2) of this section) in its permit for each
waste feed. DRE is determined for each POHC from the following equation:
where:
Win = Mass feed rate of one principal organic hazardous constituent (POHC) in the hazardous waste fired to the boiler or industrial furnace; and
Wout = Mass emission rate of the same POHC present in stack gas prior to release to the atmosphere.
(2) Designation of POHCs. Principal organic
hazardous constituents (POHCs) are those compounds for which compliance with
the DRE requirements of this section shall be demonstrated in a trial burn in
conformance with procedures prescribed in § 270.66 of this rule. One or
more POHCs shall be designated by the Director for each waste feed to be
burned. POHCs shall be designated based on the degree of difficulty of
destruction of the organic constituents in the waste and on their
concentrations or mass in the waste feed considering the results of waste
analyses submitted with part B of the permit application. POHCs are most likely
to be selected from among those compounds listed in Section 261, Appendix VIII
of this rule that are also present in the normal waste feed. However, if the
applicant demonstrates to the Director's satisfaction that a compound not
listed in Appendix VIII or not present in the normal waste feed is a suitable
indicator of compliance with the DRE requirements of this section, that
compound may be designated as a POHC. Such POHCs need not be toxic or organic
compounds.
(3) Dioxin-listed waste.
A boiler or industrial furnace burning hazardous waste containing (or derived
from) EPA Hazardous Wastes Nos. F020, F021, F022, F023, F026, or F027 must
achieve a destruction and removal efficiency (DRE) of 99.9999% for each POHC
designated (under paragraph (a)(2) of this section) in its permit. This
performance must be demonstrated on POHCs that are more difficult to burn than
tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. DRE is
determined for each POHC from the equation in paragraph (a)(1) of this section.
In addition, the owner or operator of the boiler or industrial furnace must
notify the Director of intent to burn EPA Hazardous Waste Nos. F020, F021,
F022, F023, F026, or F027.
(4)
Automatic waiver of DRE trial burn. Owners and operators of boilers operated
under the special operating requirements provided by § 266.110 are
considered to be in compliance with the DRE standard of paragraph (a)(1) of
this section and are exempt from the DRE trial burn.
(5) Low risk waste. Owners and operators of
boilers or industrial furnaces that burn hazardous waste in compliance with the
requirements of § 266.109(a) are considered to be in compliance with the
DRE standard of paragraph (a)(1) of this section and are exempt from the DRE
trial burn.
(b) Carbon
monoxide standard.
(1) Except as provided in
paragraph (c) of this section, the stack gas concentration of carbon monoxide
(CO) from a boiler or industrial furnace burning hazardous waste cannot exceed
100 ppmv on an hourly rolling average basis (i.e., over any 60 minute period),
continuously corrected to 7 percent oxygen, dry gas basis.
(2) CO and oxygen shall be continuously
monitored in conformance with "Performance Specifications for Continuous
Emission Monitoring of Carbon Monoxide and Oxygen for Incinerators, Boilers,
and Industrial Furnaces Burning Hazardous Waste" in Appendix IX of this
part.
(3) Compliance with the 100
ppmv CO limit must be demonstrated during the trial burn (for new facilities or
an interim status facility applying for a permit) or the compliance test (for
interim status facilities). To demonstrate compliance, the highest hourly
rolling average CO level during any valid run of the trial burn or compliance
test must not exceed 100 ppmv.
(c) Alternative carbon monoxide standard.
(1) The stack gas concentration of carbon
monoxide (CO) from a boiler or industrial furnace burning hazardous waste may
exceed the 100 ppmv limit provided that stack gas concentrations of
hydrocarbons (HC) do not exceed 20 ppmv, except as provided by paragraph (f) of
this section for certain industrial furnaces.
(2) HC limits must be established under this
section on an hourly rolling average basis (i.e., over any 60 minute period),
reported as propane, and continuously corrected to 7 percent oxygen, dry gas
basis.
(3) HC shall be continuously
monitored in conformance with "Performance Specifications for Continuous
Emission Monitoring of Hydrocarbons for Incinerators, Boilers, and Industrial
Furnaces Burning Hazardous Waste" in Appendix IX of this section. CO and oxygen
shall be continuously monitored in conformance with paragraph (b)(2) of this
section.
(4) The alternative CO
standard is established based on CO data during the trial burn (for a new
facility) and the compliance test (for an interim status facility). The
alternative CO standard is the average over all valid runs of the highest
hourly average CO level for each run. The CO limit is implemented on an hourly
rolling average basis, and continuously corrected to 7 percent oxygen, dry gas
basis.
(d) Special
requirements for furnaces. Owners and operators of industrial furnaces (e.g.,
kilns, cupolas) that feed hazardous waste for a purpose other than solely as an
ingredient (see § 266.103(a)(5)(ii)) at any location other than the end
where products are normally discharged and where fuels are normally fired must
comply with the hydrocarbon limits provided by paragraphs (c) or (f) of this
section irrespective of whether stack gas CO concentrations meet the 100 ppmv
limit of paragraph (b) of this section.
(e) Controls for dioxins and furans. Owners
and operators of boilers and industrial furnaces that are equipped with a dry
particulate matter control device that operates within the temperature range of
450-750 °F, and industrial furnaces operating under an alternative
hydrocarbon limit established under paragraph (f) of this section must conduct
a site-specific risk assessment as follows to demonstrate that emissions of
chlorinated dibenzo-p-dioxins and dibenzofurans do not result in an increased
lifetime cancer risk to the hypothetical maximum exposed individual (MEI)
exceeding 1 in 100,000:
(1) During the trial
burn (for new facilities or an interim status facility applying for a permit)
or compliance test (for interim status facilities), determine emission rates of
the tetraocta congeners of chlorinated dibenzo-p-dioxins and dibenzofurans
(CDDs/CDFs) using Method 0023A, Sampling Method for Polychlorinated
Dibenzo-p-Dioxins and Polychlorinated Dibenzofurans Emissions from Stationary
Sources, EPA Publication SW-846, as incorporated by reference in § 260.11
of this rule.
(2) Estimate the
2,3,7,8-TCDD toxicity equivalence of the tetra-octa CDDs/CDFs congeners using
"Procedures for Estimating the Toxicity Equivalence of Chlorinated
Dibenzo-p-Dioxin and Dibenzofuran Congeners" in Appendix IX of this section.
Multiply the emission rates of CDD/CDF congeners with a toxicity equivalence
greater than zero (see the procedure) by the calculated toxicity equivalence
factor to estimate the equivalent emission rate of 2,3,7,8-TCDD;
(3) Conduct dispersion modeling using methods
recommended in Appendix W of 40 CFR Part 51 ("Guideline on Air Quality Models
(Revised)" (1986) and its supplements), the "Hazardous Waste Combustion Air
Quality Screening Procedure", provided in Appendix IX of this Section, or in
Screening Procedures for Estimating the Air Quality Impact of Stationary
Sources, Revised (incorporated by reference in § 260.11) to predict the
maximum annual average off-site ground level concentration of 2,3,7,8-TCDD
equivalents determined under paragraph (e)(2) of this section. The maximum
annual average concentration must be used when a person resides on-site;
and
(4) The ratio of the predicted
maximum annual average ground level concentration of 2,3,7,8-TCDD equivalents
to the risk-specific dose for 2,3,7,8-TCDD provided in Appendix V of this part
(2.2 x 10
-7) shall not exceed 1.0.
(f) Monitoring CO and HC in the
by-pass duct of a cement kiln. Cement kilns may comply with the carbon monoxide
and hydrocarbon limits provided by paragraphs (b), (c), and (d) of this section
by monitoring in the by-pass duct provided that:
(1) Hazardous waste is fired only into the
kiln and not at any location downstream from the kiln exit relative to the
direction of gas flow; and
(2) The
by-pass duct diverts a minimum of 10% of kiln off-gas into the duct.
(g) Use of emissions test data to
demonstrate compliance and establish operating limits. Compliance with the
requirements of this section must be demonstrated simultaneously by emissions
testing or during separate runs under identical operating conditions. Further,
data to demonstrate compliance with the CO and HC limits of this section or to
establish alternative CO or HC limits under this section must be obtained
during the time that DRE testing, and where applicable, CDD/CDF testing under
paragraph (e) of this section and comprehensive organic emissions testing under
paragraph (f) is conducted.
(h)
Enforcement. For the purposes of permit enforcement, compliance with the
operating requirements specified in the permit (under § 266.102) will be
regarded as compliance with this section. However, evidence that compliance
with those permit conditions is insufficient to ensure compliance with the
requirements of this section may be "information" justifying modification or
revocation and re-issuance of a permit under § 270.41 of this
rule.
§ 266.105
Standards to control particulate matter
(a) A boiler or industrial furnace burning
hazardous waste may not emit particulate matter in excess of 180 milligrams per
dry standard cubic meter (0.08 grains per dry standard cubic foot) after
correction to a stack gas concentration of 7% oxygen, using procedures
prescribed in 40 CFR part 60, Appendix A, methods 1 through 5, and Appendix IX
of this part.
(b) An owner or
operator meeting the requirements of § 266.109(b) for the low risk waste
exemption is exempt from the particulate matter standard.
(c) Oxygen correction.
(1) Measured pollutant levels must be
corrected for the amount of oxygen in the stack gas according to the formula:
Where:
Pc is the corrected concentration of the pollutant in the stack gas, Pm is the measured concentration of the pollutant in the stack gas, E is the oxygen concentration on a dry basis in the combustion air fed to the device, and Y is the measured oxygen concentration on a dry basis in the stack.
(2) For devices that feed normal combustion
air, E will equal 21 percent. For devices that feed oxygen-enriched air for
combustion (that is, air with an oxygen concentration exceeding 21 percent),
the value of E will be the concentration of oxygen in the enriched
air.
(3) Compliance with all
emission standards provided by this subpart must be based on correcting to 7
percent oxygen using this procedure.
(d) For the purposes of permit enforcement,
compliance with the operating requirements specified in the permit (under
§ 266.102) will be regarded as compliance with this section. However,
evidence that compliance with those permit conditions is insufficient to ensure
compliance with the requirements of this section may be "information"
justifying modification or revocation and re-issuance of a permit under §
270.41 of this rule.
§
266.106
Standards to control metals emissions
(a) General. The owner or operator must
comply with the metals standards provided by paragraphs (b), (c), (d), (e), or
(f) of this section for each metal listed in paragraph (b) of this section that
is present in the hazardous waste at detectable levels by using appropriate
analytical procedures.
(b) Tier I
feed rate screening limits. Feed rate screening limits for metals are specified
in Appendix I of this part as a function of terrain-adjusted effective stack
height and terrain and land use in the vicinity of the facility. Criteria for
facilities that are not eligible to comply with the screening limits are
provided in paragraph (b)(7) of this section.
(1) Noncarcinogenic metals. The feed rates of
antimony, barium, lead, mercury, thallium, and silver in all feed streams,
including hazardous waste, fuels, and industrial furnace feed stocks shall not
exceed the screening limits specified in Appendix I of this section.
(i) The feed rate screening limits for
antimony, barium, mercury, thallium, and silver are based on either:
(A) An hourly rolling average as defined in
§ 266.102(e)(6)(i)(B); or
(B)
An instantaneous limit not to be exceeded at any time.
(ii) The feed rate screening limit for lead
is based on one of the following:
(A) An
hourly rolling average as defined in § 266.102(e)(6)(i)(B);
(B) An averaging period of 2 to 24 hours as
defined in § 266.102(e)(6)(ii) with an instantaneous feed rate limit not
to exceed 10 times the feed rate that would be allowed on an hourly rolling
average basis; or
(C) An
instantaneous limit not to be exceeded at any time.
(2) Carcinogenic metals.
(i) The feed rates of arsenic, cadmium,
beryllium, and chromium in all feed streams, including hazardous waste, fuels,
and industrial furnace feed stocks shall not exceed values derived from the
screening limits specified in Appendix I of this section. The feed rate of each
of these metals is limited to a level such that the sum of the ratios of the
actual feed rate to the feed rate screening limit specified in Appendix I shall
not exceed 1.0, as provided by the following equation:
where:
n = number of carcinogenic metals
AFR = actual feed rate to the device for metal "" FRSL = feed rate screening limit provided by Appendix I of this part for metal "".
(ii)
The feed rate screening limits for the carcinogenic metals are based on either:
(A) An hourly rolling average; or
(B) An averaging period of 2 to 24 hours as
defined in § 266.102(e)(6)(ii) with an instantaneous feed rate limit not
to exceed 10 times the feed rate that would be allowed on an hourly rolling
average basis.
(3) TESH.
(i) The terrain-adjusted effective stack
height is determined according to the following equation:
where:
Ha = Actual physical stack height
H1 = Plume rise as determined from Appendix VI of this section as a function of stack flow rate and stack gas exhaust temperature.
Tr = Terrain rise within five kilometers of the stack.
(ii) The stack height (Ha) may not
exceed good engineering practice as specified in
40
CFR 51.100(ii).
(iii) If the TESH for a particular facility
is not listed in the table in the appendices, the nearest lower TESH listed in
the table shall be used. If the TESH is four meters or less, a value of four
meters shall be used.
(4)
Terrain type. The screening limits are a function of whether the facility is
located in noncomplex or complex terrain. A device located where any part of
the surrounding terrain within 5 kilometers of the stack equals or exceeds the
elevation of the physical stack height (Ha) is considered to be in complex
terrain and the screening limits for complex terrain apply. Terrain
measurements are to be made from U.S. Geological Survey 7.5-minute topographic
maps of the area surrounding the facility.
(5) Land use. The screening limits are a
function of whether the facility is located in an area where the land use is
urban or rural. To determine whether land use in the vicinity of the facility
is urban or rural, procedures provided in appendices IX or X of this section
shall be used.
(6) Multiple stacks.
Owners and operators of facilities with more than one on-site stack from a
boiler, industrial furnace, incinerator, or other thermal treatment unit
subject to controls of metals emissions under a RCRA operating permit or
interim status controls must comply with the screening limits for all such
units assuming all hazardous waste is fed into the device with the worst-case
stack based on dispersion characteristics. The worst-case stack is determined
from the following equation as applied to each stack:
Where:
K = a parameter accounting for relative influence of stack height and plume rise;
H = physical stack height (meters);
V = stack gas flow rate (m3 /second); and
T = exhaust temperature (°K).
The stack with the lowest value of is the worst-case stack.
(7) Criteria for
facilities not eligible for screening limits. If any criteria below are met,
the Tier I and Tier II screening limits do not apply. Owners and operators of
such facilities must comply with either the Tier III standards provided by
paragraph (d) of this section or with the adjusted Tier I feed rate screening
limits provided by paragraph (e) of this section.
(i) The device is located in a narrow valley
less than one kilometer wide;
(ii)
The device has a stack taller than 20 meters and is located such that the
terrain rises to the physical height within one kilometer of the
facility;
(iii) The device has a
stack taller than 20 meters and is located within five kilometers of a
shoreline of a large body of water such as an ocean or large lake;
(iv) The physical stack height of any stack
is less than 2.5 times the height of any building within five building heights
or five projected building widths of the stack and the distance from the stack
to the closest boundary is within five building heights or five projected
building widths of the associated building; or
(v) The Director determines that standards
based on site-specific dispersion modeling are required.
(8) Implementation. The feed rate of metals
in each feedstream must be monitored to ensure that the feed rate screening
limits are not exceeded.
(c) Tier II emission rate screening limits.
Emission rate screening limits are specified in Appendix I as a function of
terrain-adjusted effective stack height and terrain and land use in the
vicinity of the facility. Criteria for facilities that are not eligible to
comply with the screening limits are provided in paragraph (b)(7) of this
section.
(1) Noncarcinogenic metals. The
emission rates of antimony, barium, lead, mercury, thallium, and silver shall
not exceed the screening limits specified in Appendix I of this
section.
(2) Carcinogenic metals.
The emission rates of arsenic, cadmium, beryllium, and chromium shall not
exceed values derived from the screening limits specified in Appendix I of this
section. The emission rate of each of these metals is limited to a level such
that the sum of the ratios of the actual emission rate to the emission rate
screening limit specified in Appendix I shall not exceed 1.0, as provided by
the following equation:
where:
n = number of carcinogenic metals
AER = actual emission rate for metal "i"
ERSL = emission rate screening limit provided by Appendix I of this section for metal "i".
(3) Implementation. The emission rate limits
must be implemented by limiting feed rates of the individual metals to levels
during the trial burn (for new facilities or an interim status facility
applying for a permit) or the compliance test (for interim status facilities).
The feed rate averaging periods are the same as provided by paragraphs
(b)(1)(i) and (ii) and (b)(2)(ii) of this section. The feed rate of metals in
each feedstream must be monitored to ensure that the feed rate limits for the
feedstreams specified under §§ 266.102 or 266.103 are not
exceeded.
(4) Definitions and
limitations. The definitions and limitations provided by paragraph (b) of this
section for the following terms also apply to the Tier II emission rate
screening limits provided by paragraph (c) of this section: terrain-adjusted
effective stack height, good engineering practice stack height, terrain type,
land use, and criteria for facilities not eligible to use the screening
limits.
(5) Multiple stacks.
(i) Owners and operators of facilities with
more than one onsite stack from a boiler, industrial furnace, incinerator, or
other thermal treatment unit subject to controls on metals emissions under a
RCRA operating permit or interim status controls must comply with the emissions
screening limits for any such stacks assuming all hazardous waste is fed into
the device with the worst-case stack based on dispersion
characteristics.
(ii) The
worst-case stack is determined by procedures provided in paragraph (b)(6) of
this section.
(iii) For each metal,
the total emissions of the metal from those stacks shall not exceed the
screening limit for the worst-case stack.
(d) Tier III and Adjusted Tier I
site-specific risk assessment. The requirements of this paragraph apply to
facilities complying with either the Tier III or Adjusted Tier I controls,
except where specified otherwise.
(1) General.
Conformance with the Tier III metals controls must be demonstrated by emissions
testing to determine the emission rate for each metal. In addition, conformance
with either the Tier III or Adjusted Tier I metals controls must be
demonstrated by air dispersion modeling to predict the maximum annual average
off-site ground level concentration for each metal, and a demonstration that
acceptable ambient levels are not exceeded.
(2) Acceptable ambient levels. Appendices IV
and V of this part list the acceptable ambient levels for purposes of this
rule. Reference air concentrations (RACs) are listed for the noncarcinogenic
metals and 10-5 risk-specific doses (RSDs) are
listed for the carcinogenic metals. The RSD for a metal is the acceptable
ambient level for that metal provided that only one of the four carcinogenic
metals is emitted. If more than one carcinogenic metal is emitted,
the acceptable ambient level for the carcinogenic metals is a fraction of the RSD as described in paragraph (d)(3) of this section.
(3) Carcinogenic metals. For the
carcinogenic metals, arsenic, cadmium, beryllium, and chromium, the sum of the
ratios of the predicted maximum annual average off-site ground level
concentrations (except that on-site concentrations must be considered if a
person resides on site) to the risk-specific dose (RSD) for all carcinogenic
metals emitted shall not exceed 1.0 as determined by the following equation:
where: n = number of carcinogenic metals
(4) Noncarcinogenic metals. For the
noncarcinogenic metals, the predicted maximum annual average off-site ground
level concentration for each metal shall not exceed the reference air
concentration (RAC).
(5) Multiple
stacks. Owners and operators of facilities with more than one on-site stack
from a boiler, industrial furnace, incinerator, or other thermal treatment unit
subject to controls on metals emissions under a RCRA operating permit or
interim status controls must conduct emissions testing (except that facilities
complying with Adjusted Tier I controls need not conduct emissions testing) and
dispersion modeling to demonstrate that the aggregate emissions from all such
on-site stacks do not result in an exceedance of the acceptable ambient
levels.
(6) Implementation. Under
Tier III, the metals controls must be implemented by limiting feed rates of the
individual metals to levels during the trial burn (for new facilities or an
interim status facility applying for a permit) or the compliance test (for
interim status facilities). The feed rate averaging periods are the same as
provided by paragraphs (b)(1) (i) and (ii) and (b)(2)(ii) of this section. The
feed rate of metals in each feedstream must be monitored to ensure that the
feed rate limits for the feedstreams specified under §§ 266.102 or
266.103 are not exceeded.
(e) Adjusted Tier I feed rate screening
limits. The owner or operator may adjust the feed rate screening limits
provided by Appendix I of this section to account for site-specific dispersion
modeling. Under this approach, the adjusted feed rate screening limit for a
metal is determined by back-calculating from the acceptable ambient level
provided by appendices IV and V of this section using dispersion modeling to
determine the maximum allowable emission rate. This emission rate becomes the
adjusted Tier I feed rate screening limit. The feed rate screening limits for
carcinogenic metals are implemented as prescribed in paragraph (b)(2) of this
section.
(f) Alternative
implementation approaches.
(1) The Director
may approve on a case-by-case basis approaches to implement the Tier II or Tier
III metals emission limits provided by paragraphs (c) or (d) of this section
alternative to monitoring the feed rate of metals in each feedstream.
(2) The emission limits provided by paragraph
(d) of this section must be determined as follows:
(i) For each noncarcinogenic metal, by
back-calculating from the RAC provided in Appendix IV of this section to
determine the allowable emission rate for each metal using the dilution factor
for the maximum annual average ground level concentration predicted by
dispersion modeling in conformance with paragraph (h) of this section;
and
(ii) For each carcinogenic
metal by:
(A) Back-calculating from the RSD
provided in Appendix V of this part to determine the allowable emission rate
for each metal if that metal were the only carcinogenic metal emitted using the
dilution factor for the maximum annual average ground level concentration
predicted by dispersion modeling in conformance with paragraph (h) of this
section; and
(B) If more than one
carcinogenic metal is emitted, selecting an emission limit for each
carcinogenic metal not to exceed the emission rate determined by paragraph
(f)(2)(ii)(A) of this section such that the sum for all carcinogenic metals of
the ratios of the selected emission limit to the emission rate determined by
that paragraph does not exceed 1.0.
(g) Emission testing -
(1) General. Emission testing for metals
shall be conducted using Method 0060, Determinations of Metals in Stack
Emissions, EPA Publication SW-846, as incorporated by reference in §
260.11 of this rule.
(2) Hexavalent
chromium. Emissions of chromium are assumed to be hexavalent chromium unless
the owner or operator conducts emissions testing to determine hexavalent
chromium emissions using procedures prescribed in Method 0061, Determination of
Hexavalent Chromium Emissions from Stationary Sources, EPA Publication SW-846,
as incorporated by reference in § 260.11 of this rule.
(h) Dispersion Modeling.
Dispersion modeling required under this section shall be conducted according to
methods recommended in Appendix W of 40 CFR Part 51 ("Guideline on Air Quality
Models (Revised)" (1986) and its supplements), the "Hazardous Waste Combustion
Air Quality Screening Procedure", provided in Appendix IX of this Section, or
in Screening Procedures for Estimating the Air Quality Impact of Stationary
Sources, Revised (incorporated by reference in § 260.11) to predict the
maximum annual average off-site ground level concentration. However, on-site
concentrations must be considered when a person resides on-site.
(i) Enforcement. For the purposes of permit
enforcement, compliance with the operating requirements specified in the permit
(under § 266.102) will be regarded as compliance with this section.
However, evidence that compliance with those permit conditions is insufficient
to ensure compliance with the requirements of this section may be "information"
justifying modification or revocation and re-issuance of a permit under §
270.41 of this rule.
§
266.107
Standards to control hydrogen chloride (HCl) and
chlorine gas (Cl2) emissions
(a) General. The owner or operator must
comply with the hydrogen chloride (HCl) and chlorine (Cl
2) controls provided by paragraph (b), (c), or (e) of
this section.
(b) Screening limits-
(1) Tier I feed rate screening limits. Feed
rate screening limits are specified for total chlorine in Appendix II of this
section as a function of terrain-adjusted effective stack height and terrain
and land use in the vicinity of the facility. The feed rate of total chlorine
and chloride, both organic and inorganic, in all feed streams, including
hazardous waste, fuels, and industrial furnace feed stocks shall not exceed the
levels specified.
(2) Tier II
emission rate screening limits. Emission rate screening limits for HCl and
Cl2 are specified in Appendix III of this section as a
function of terrain-adjusted effective stack height and terrain and land use in
the vicinity of the facility. The stack emission rates of HCl and Cl shall not
exceed the levels specified.
(3)
Definitions and limitations. The definitions and limitations provided by §
266.106(b) for the following terms also apply to the screening limits provided
by this paragraph: terrain-adjusted effective stack height, good engineering
practice stack height, terrain type, land use, and criteria for facilities not
eligible to use the screening limits.
(4) Multiple stacks. Owners and operators of
facilities with more than one on-site stack from a boiler, industrial furnace,
incinerator, or other thermal treatment unit subject to controls on HCl or
Cl2 emissions under a RCRA operating permit or interim
status controls must comply with the Tier I and Tier II screening limits for
those stacks assuming all hazardous waste is fed into the device with the
worst-case stack based on dispersion characteristics.
(i) The worst-case stack is determined by
procedures provided in § 266.106(b)(6).
(ii) Under Tier I, the total feed rate of
chlorine and chloride to all subject devices shall not exceed the screening
limit for the worst-case stack.
(iii) Under Tier II, the total emissions of
HCl and Cl2 from all subject stacks shall not exceed the
screening limit for the worst-ase stack.
(c) Tier III site-specific risk assessments-
(1) General. Conformance with the Tier III
controls must be demonstrated by emissions testing to determine the emission
rate for HCl and Cl 2, air dispersion modeling to
predict the maximum annual average off-site ground level concentration for each
compound, and a demonstration that acceptable ambient levels are not
exceeded.
(2) Acceptable ambient
levels. Appendix IV of this section lists the reference air concentrations
(RACs) for HCl (7 micrograms per cubic meter) and Cl2
(0.4 micrograms per cubic meter).
(3) Multiple stacks. Owners and operators of
facilities with more than one on-site stack from a boiler, industrial furnace,
incinerator, or other thermal treatment unit subject to controls on HCl or
Cl2 emissions under a RCRA operating permit or interim
status controls must conduct emissions testing and dispersion modeling to
demonstrate that the aggregate emissions from all such on-site stacks do not
result in an exceedance of the acceptable ambient levels for HCl and
Cl2.
(d) Averaging periods. The HCl and
Cl2 controls are implemented by limiting the feed rate
of total chlorine and chloride in all feedstreams, including hazardous waste,
fuels, and industrial furnace feed stocks. Under Tier I, the feed rate of total
chloride and chlorine is limited to the Tier I Screening Limits. Under Tier II
and Tier III, the feed rate of total chloride and chlorine is limited to the
feed rates during the trial burn (for new facilities or an interim status
facility applying for a permit) or the compliance test (for interim status
facilities). The feed rate limits are based on either:
(1) An hourly rolling average as defined in
§ 266.102(e)(6); or
(2) An
instantaneous basis not to be exceeded at any time.
(e) Adjusted Tier I feed rate screening
limits. The owner or operator may adjust the feed rate screening limit provided
by Appendix II of this Section to account for site-specific dispersion
modeling. Under this approach, the adjusted feed rate screening limit is
determined by back-calculating from the acceptable ambient level for
Cl2 provided by Appendix IV of this section using
dispersion modeling to determine the maximum allowable emission rate. This
emission rate becomes the adjusted Tier I feed rate screening limit.
(f) Emissions testing. Emissions testing for
HCl and Cl2 shall be conducted using the procedures
described in Methods 0050 or 0051, EPA Publication SW-846, as incorporated by
reference in § 260.11 of this rule.
(g) Dispersion modeling. Dispersion modeling
shall be conducted according to the provisions of § 266.106(h).
(h) Enforcement. For the purposes of permit
enforcement, compliance with the operating requirements specified in the permit
(under § 266.102) will be regarded as compliance with this section.
However, evidence that compliance with those permit conditions is insufficient
to ensure compliance with the requirements of this section may be "information"
justifying modification or revocation and re-issuance of a permit under §
270.41 of this rule.
§
266.108
Small quantity on-site burner exemption
(a) Exempt quantities. Owners and operators
of facilities that burn hazardous waste in an on-site boiler or industrial
furnace are exempt from the requirements of this subsection provided that:
(1) The quantity of hazardous waste burned in
a device for a calendar month does not exceed the limits provided in the
following table based on the terrain-adjusted effective stack height as defined
in § 266.106(b)(3):
Exempt Quantities for Small Quantity Burner Exemption
|
Terrain-adjusted effective stack height of device (meters) |
Allowable hazardous waste burning rate (gallons/month) |
Terrain-adjusted effective stack height of device (meters) |
Allowable hazardous waste burning rate (gallons/month) |
|
0 to 3.9 |
0 |
40.0 to 44.9 |
210 |
|
4.0 to 5.9 |
13 |
45.0 to 49.9 |
260 |
|
6.0 to 7.9 |
18 |
50.0 to 54.9 |
330 |
|
8.0 to 9.9 |
27 |
55.0 to 59.9 |
400 |
|
10.0 to 11.9 |
40 |
60.0 to 64.9 |
490 |
|
12.0 to 13.9 |
48 |
65.0 to 69.9 |
610 |
|
14.0 to 15.9 |
59 |
70.0 to 74.9 |
680 |
|
16.0 to 17.9 |
69 |
75.0 to 79.9 |
760 |
|
18.0 to 19.9 |
76 |
80.0 to 84.9 |
850 |
|
20.0 to 21.9 |
84 |
85.0 to 89.9 |
960 |
|
22.0 to 23.9 |
93 |
90.0 to 94.9 |
1,100 |
|
24.0 to 25.9 |
100 |
95.0 to 99.9 |
1,200 |
|
26.0 to 27.9 |
110 |
100.0 to 104.9 |
1,300 |
|
28.0 to 29.9 |
130 |
105.0 to 109.9 |
1,500 |
|
30.0 to 34.9 |
140 |
110.0 to 114.9 |
1,700 |
|
35.0 to 39.9 |
170 |
115.0 or greater |
1,900 |
(2) The
maximum hazardous waste firing rate does not exceed at any time 1 percent of
the total fuel requirements for the device (hazardous waste plus other fuel) on
a total heat input or mass input basis, whichever results in the lower mass
feed rate of hazardous waste.
(3)
The hazardous waste has a minimum heating value of 5,000 Btu/lb, as generated;
and
(4) The hazardous waste fuel
does not contain (and is not derived from) EPA Hazardous Waste Nos. F020, F021,
F022, F023, F026, or F027.
(b) Mixing with nonhazardous fuels. If
hazardous waste fuel is mixed with a nonhazardous fuel, the quantity of
hazardous waste before such mixing is used to comply with paragraph
(a).
(c) Multiple stacks. If an
owner or operator burns hazardous waste in more than one on-site boiler or
industrial furnace exempt under this section, the quantity limits provided by
paragraph (a)(1) of this section are implemented according to the following
equation:
where:
n means the number of stacks;
Actual Quantity Burned means the waste quantity burned per month in device "i";
Allowable Quantity Burned means the maximum allowable exempt quantity for stack "i" from the table in (a)(1) above.
Note: Hazardous wastes that are subject to the special requirements for small quantity generators under § 261.5 of this rule may be burned in an off-site device under the exemption provided by § 266.108, but must be included in the quantity determination for the exemption.
(d) Notification requirements. The
owner or operator of facilities qualifying for the small quantity burner
exemption under this section must provide a one-time signed, written notice to
the Division indicating the following:
(1) The
combustion unit is operating as a small quantity burner of hazardous
waste;
(2) The owner and operator
are in compliance with the requirements of this section; and
(3) The maximum quantity of hazardous waste
that the facility may burn per month as provided by §
266.108(a)(1).
(e)
Recordkeeping requirements. The owner or operator must maintain at the facility
for at least three years sufficient records documenting compliance with the
hazardous waste quantity, firing rate, and heating value limits of this
section. At a minimum, these records must indicate the quantity of hazardous
waste and other fuel burned in each unit per calendar month, and the heating
value of the hazardous waste.
§
266.109
Low risk waste exemption
(a) Waiver of DRE standard. The DRE standard
of § 266.104(a) does not apply if the boiler or industrial furnace is
operated in conformance with (a)(1) of this section and the owner or operator
demonstrates by procedures prescribed in (a)(2) of this section that the
burning will not result in unacceptable adverse health effects.
(1) The device shall be operated as follows:
(i) A minimum of 50 percent of fuel fired to
the device shall be fossil fuel, fuels derived from fossil fuel, tall oil, or,
if approved by the Director on a case-by-case basis, other nonhazardous fuel
with combustion characteristics comparable to fossil fuel. Such fuels are
termed "primary fuel" for purposes of this section. (Tall oil is a fuel derived
from vegetable and rosin fatty acids.) The 50 percent primary fuel firing rate
shall be determined on a total heat or mass input basis, whichever results in
the greater mass feed rate of primary fuel fired;
(ii) Primary fuels and hazardous waste fuels
shall have a minimum as-fired heating value of 8,000 Btu/lb;
(iii) The hazardous waste is fired directly
into the primary fuel flame zone of the combustion chamber; and
(iv) The device operates in conformance with
the carbon monoxide controls provided by § 266.104(b)(1). Devices subject
to the exemption provided by this section are not eligible for the alternative
carbon monoxide controls provided by § 266.104(c).
(2) Procedures to demonstrate that the
hazardous waste burning will not pose unacceptable adverse public health
effects are as follows:
(i) Identify and
quantify those nonmetal compounds listed in Appendix VIII, Section 261 of this
rule that could reasonably be expected to be present in the hazardous waste.
The constituents excluded from analysis must be identified and the basis for
their exclusion explained;
(ii)
Calculate reasonable, worst case emission rates for each constituent identified
in paragraph (a)(2)(i) of this section by assuming the device achieves 99.9
percent destruction and removal efficiency. That is, assume that 0.1 percent of
the mass weight of each constituent fed to the device is emitted.
(iii) For each constituent identified in
paragraph (a)(2)(i) of this section, use emissions dispersion modeling to
predict the maximum annual average ground level concentration of the
constituent.
(A) Dispersion modeling shall be
conducted using methods specified in § 266.106(h).
(B) Owners and operators of facilities with
more than one on-site stack from a boiler or industrial furnace that is exempt
under this section must conduct dispersion modeling of emissions from all
stacks exempt under this section to predict ambient levels prescribed by this
paragraph.
(iv) Ground
level concentrations of constituents predicted under paragraph (a)(2)(iii) of
this section must not exceed the following levels:
(A) For the noncarcinogenic compounds listed
in Appendix IV of this Section, the levels established in Appendix
IV;
(B) For the carcinogenic
compounds listed in Appendix V of this part, the sum for all constituents of
the ratios of the actual ground level concentration to the level established in
Appendix V cannot exceed 1.0; and
(C) For constituents not listed in Appendix
IV or V, 0.1 micrograms per cubic meter.
(b) Waiver of particulate matter
standard. The particulate matter standard of § 266.105 does not apply if:
(1) The DRE standard is waived under
paragraph (a) of this section; and
(2) The owner or operator complies with the
Tier I or adjusted Tier I metals feed rate screening limits provided by §
266.106 (b) or (e).
§
266.110
Waiver of DRE trial burn for boilers
Boilers that operate under the special requirements of this section, and that do not burn hazardous waste containing (or derived from) EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, or F027, are considered to be in conformance with the DRE standard of § 266.104(a), and a trial burn to demonstrate DRE is waived. When burning hazardous waste:
(a) A minimum of 50 percent of fuel fired to
the device shall be fossil fuel, fuels derived from fossil fuel, tall oil, or,
if approved by the Director on a case-by-case basis, other nonhazardous fuel
with combustion characteristics comparable to fossil fuel. Such fuels are
termed "primary fuel" for purposes of this section. (Tall oil is a fuel derived
from vegetable and rosin fatty acids.) The 50 percent primary fuel firing rate
shall be determined on a total heat or mass input basis, whichever results in
the greater mass feed rate of primary fuel fired;
(b) Boiler load shall not be less than 40
percent. Boiler load is the ratio at any time of the total heat input to the
maximum design heat input;
(c)
Primary fuels and hazardous waste fuels shall have a minimum as-fired heating
value of 8,000 Btu/lb, and each material fired in a burner where hazardous
waste is fired must have a heating value of at least 8,000 Btu/lb,
as-fired;
(d) The device shall
operate in conformance with the carbon monoxide standard provided by §
266.104(b)(1). Boilers subject to the waiver of the DRE trial burn provided by
this section are not eligible for the alternative carbon monoxide standard
provided by § 266.104(c);
(e)
The boiler must be a watertube type boiler that does not feed fuel using a
stoker or stoker type mechanism; and
(f) The hazardous waste shall be fired
directly into the primary fuel flame zone of the combustion chamber with an air
or steam atomization firing system, mechanical atomization system, or a rotary
cup atomization system under the following conditions:
(1) Viscosity. The viscosity of the hazardous
waste fuel as-fired shall not exceed 300 SSU;
(2) Particle size. When a high pressure air
or steam atomizer, low pressure atomizer, or mechanical atomizer is used, 70%
of the hazardous waste fuel must pass through a 200 mesh (74 micron) screen,
and when a rotary cup atomizer is used, 70% of the hazardous waste must pass
through a 100 mesh (150 micron) screen;
(3) Mechanical atomization systems. Fuel
pressure within a mechanical atomization system and fuel flow rate shall be
maintained within the design range taking into account the viscosity and
volatility of the fuel;
(4) Rotary
cup atomization systems. Fuel flow rate through a rotary cup atomization system
must be maintained within the design range taking into account the viscosity
and volatility of the fuel.
§ 266.111
Standards for direct
transfer
(a) Applicability. The rules
in this section apply to owners and operators of boilers and industrial
furnaces subject to §§ 266.102 or 266.103 if hazardous waste is
directly transferred from a transport vehicle to a boiler or industrial furnace
without the use of a storage unit.
(b) Definitions.
(1) When used in this section, the following
terms have the meanings given below:
"Direct transfer equipment" means any device (including but not limited to, such devices as piping, fittings, flanges, valves, and pumps) that is used to distribute, meter, or control the flow of hazardous waste between a container (i.e., transport vehicle) and a boiler or industrial furnace.
"Container" means any portable device in which hazardous waste is transported, stored, treated, or otherwise handled, and includes transport vehicles that are containers themselves (e.g., tank trucks, tanker-trailers, and rail tank cars), and containers placed on or in a transport vehicle.
(2) This section references
several requirements provided in subparts I and J of parts 264 and 265. For
purposes of this section, the term "tank systems" in those referenced
requirements means direct transfer equipment as defined in paragraph (b)(1) of
this section.
(c) General
operating requirements.
(1) No direct transfer
of a pumpable hazardous waste shall be conducted from an open-top container to
a boiler or industrial furnace.
(2)
Direct transfer equipment used for pumpable hazardous waste shall always be
closed, except when necessary to add or remove the waste, and shall not be
opened, handled, or stored in a manner that may cause any rupture or
leak.
(3) The direct transfer of
hazardous waste to a boiler or industrial furnace shall be conducted so that it
does not:
(i) Generate extreme heat or
pressure, fire, explosion, or violent reaction;
(ii) Produce uncontrolled toxic mists, fumes,
dusts, or gases in sufficient quantities to threaten human health;
(iii) Produce uncontrolled flammable fumes or
gases in sufficient quantities to pose a risk of fire or explosions;
(iv) Damage the structural integrity of the
container or direct transfer equipment containing the waste;
(v) Adversely affect the capability of the
boiler or industrial furnace to meet the standards provided by §§
266.104 through 266.107; or
(vi)
Threaten human health or the environment.
(4) Hazardous waste shall not be placed in
direct transfer equipment, if it could cause the equipment or its secondary
containment system to rupture, leak, corrode, or otherwise fail.
(5) The owner or operator of the facility
shall use appropriate controls and practices to prevent spills and overflows
from the direct transfer equipment or its secondary containment systems. These
include at a minimum:
(i) Spill prevention
controls (e.g., check valves, dry discount couplings); and
(ii) Automatic waste feed cutoff to use if a
leak or spill occurs from the direct transfer equipment.
(d) Areas where direct transfer
vehicles (containers) are located. Applying the definition of container under
this section, owners and operators must comply with the following requirements:
(1) The containment requirements of §
264.175 of this rule;
(2) The use
and management requirements of subsection I, Section 265 of this rule, except
for §§ 265.170 and 265.174, and except that in lieu of the special
requirements of § 265.176 for ignitable or reactive waste, the owner or
operator may comply with the requirements for the maintenance of protective
distances between the waste management area and any public ways, streets,
alleys, or an adjacent property line that can be built upon as required in
Tables 2-1 through 2-6 of the National Fire Protection Association's (NFPA)
"Flammable and Combustible Liquids Code," (1977 or 1981), (incorporated by
reference, see § 260.11). The owner or operator must obtain and keep on
file at the facility a written certification by the local Fire Marshall that
the installation meets the subject NFPA codes; and
(3) The closure requirements of §
264.178 of this rule.
(e)
Direct transfer equipment. Direct transfer equipment must meet the following
requirements:
(1) Secondary containment.
Owners and operators shall comply with the secondary containment requirements
of § 265.193 of this rule, except for paragraphs 265.193 (a), (d), (e),
and (i) as follows:
(i) For all new direct
transfer equipment, prior to their being put into service; and
(ii) For existing direct transfer equipment
within 2 years after August 21, 1991.
(2) Requirements prior to meeting secondary
containment requirements.
(i) For existing
direct transfer equipment that does not have secondary containment, the owner
or operator shall determine whether the equipment is leaking or is unfit for
use. The owner or operator shall obtain and keep on file at the facility a
written assessment reviewed and certified by a qualified, registered
professional engineer in accordance with § 270.11(d) of this rule that
attests to the equipment's integrity by August 21, 1992.
(ii) This assessment shall determine whether
the direct transfer equipment is adequately designed and has sufficient
structural strength and compatibility with the waste(s) to be transferred to
ensure that it will not collapse, rupture, or fail. At a minimum, this
assessment shall consider the following:
(A)
Design standard(s), if available, according to which the direct transfer
equipment was constructed;
(B)
Hazardous characteristics of the waste(s) that have been or will be
handled;
(C) Existing corrosion
protection measures;
(D) Documented
age of the equipment, if available, (otherwise, an estimate of the age);
and
(E) Results of a leak test or
other integrity examination such that the effects of temperature variations,
vapor pockets, cracks, leaks, corrosion, and erosion are accounted
for.
(iii) If, as a
result of the assessment specified above, the direct transfer equipment is
found to be leaking or unfit for use, the owner or operator shall comply with
the requirements of §§ 265.196 (a) and (b) of this rule.
(3) Inspections and recordkeeping.
(i) The owner or operator must inspect at
least once each operating hour when hazardous waste is being transferred from
the transport vehicle (container) to the boiler or industrial furnace:
(A) Overfill/spill control equipment (e.g.,
waste-feed cutoff systems, bypass systems, and drainage systems) to ensure that
it is in good working order;
(B)
The above ground portions of the direct transfer equipment to detect corrosion,
erosion, or releases of waste (e.g., wet spots, dead vegetation); and
(C) Data gathered from monitoring equipment
and leak-detection equipment, (e.g., pressure and temperature gauges) to ensure
that the direct transfer equipment is being operated according to its
design.
(ii) The owner or
operator must inspect cathodic protection systems, if used, to ensure that they
are functioning properly according to the schedule provided by §
265.195(b) of this rule:
(iii)
Records of inspections made under this paragraph shall be maintained in the
operating record at the facility, and available for inspection for at least 3
years from the date of the inspection.
(4) Design and installation of new ancillary
equipment. Owners and operators must comply with the requirements of §
265.192 of this rule.
(5) Response
to leaks or spills. Owners and operators must comply with the requirements of
§ 265.196 of this rule.
(6)
Closure. Owners and operators must comply with the requirements of §
265.197 of this rule, except for § 265.197 (c)(2) through
(c)(4).
§
266.112
Rule of residues
A residue derived from the burning or processing of hazardous waste in a boiler or industrial furnace is not excluded from the definition of a hazardous waste under § 261.4(b) (4), (7), or (8) unless the device and the owner or operator meet the following requirements:
(a) The device meets the following criteria:
(1) Boilers. Boilers must burn at least 50%
coal on a total heat input or mass input basis, whichever results in the
greater mass feed rate of coal;
(2)
Ore or mineral furnaces. Industrial furnaces subject to § 261.4(b)(7) must
process at least 50% by weight normal, nonhazardous raw materials;
(3) Cement kilns. Cement kilns must process
at least 50% by weight normal cement-production raw materials;
(b) The owner or operator
demonstrates that the hazardous waste does not significantly affect the residue
by demonstrating conformance with either of the following criteria:
(1) Comparison of waste-derived residue with
normal residue. The waste-derived residue must not contain Appendix VIII,
Section 261 constituents (toxic constituents) that could reasonably be
attributable to the hazardous waste at concentrations significantly higher than
in residue generated without burning or processing of hazardous waste, using
the following procedure. Toxic compounds that could reasonably be attributable
to burning or processing the hazardous waste (constituents of concern) include
toxic constituents in the hazardous waste, and the organic compounds listed in
Appendix VIII of this section that may be generated as products of incomplete
combustion. For polychlorinated dibenzo-p-dioxins and polychlorinated
dibenzo-furans, analyses must be performed to determine specific congeners and
homologues, and the results converted to 2,3,7,8-TCDD equivalent values using
the procedure specified in section 4.0 of appendix IX of this section.
(i) Normal residue. Concentrations of toxic
constituents of concern in normal residue shall be determined based on analyses
of a minimum of 10 samples representing a minimum of 10 days of operation.
Composite samples may be used to develop a sample for analysis provided that
the compositing period does not exceed 24 hours. The upper tolerance limit (at
95% confidence with a 95% proportion of the sample distribution) of the
concentration in the normal residue shall be considered the
statistically-derived concentration in the normal residue. If changes in raw
materials or fuels reduce the statistically-derived concentrations of the toxic
constituents of concern in the normal residue, the statistically-derived
concentrations must be revised or statistically-derived concentrations of toxic
constituents in normal residue must be established for a new mode of operation
with the new raw material or fuel. To determine the upper tolerance limit in
the normal residue, the owner or operator shall use statistical procedures
prescribed in "Statistical Methodology for Bevill Residue Determinations" in
Appendix IX of this section.
(ii)
Waste-derived residue. Waste-derived residue shall be sampled and analyzed as
often as necessary to determine whether the residue generated during each
24-hour period has concentrations of toxic constituents that are higher than
the concentrations established for the normal residue under paragraph (b)(1)(i)
of this section. If so, hazardous waste burning has significantly affected the
residue and the residue shall not be excluded from the definition of a
hazardous waste. Concentrations of toxic constituents of concern in the
waste-derived residue shall be determined based on analysis of one or more
samples obtained over a 24-hour period. Multiple samples may be analyzed, and
multiple samples may be taken to form a composite sample for analysis provided
that the sampling period does not exceed 24 hours. If more than one sample is
analyzed to characterize waste-derived residues generated over a 24-hour
period, the concentration of each toxic constituent shall be the arithmetic
mean of the concentrations in the samples. No results may be disregarded;
or
(2) Comparison of
waste-derived residue concentrations with health-based limits-
(i)
Nonmetal constituents.
The concentration of each nonmetal toxic constituent of concern
(specified in paragraph (b)(1) of this section) in the waste-derived residue
must not exceed the health-based level specified in appendix VII of this
Section, or the level of detection whichever is higher. If a health-based limit
for a constituent of concern is not listed in appendix VII of this part, then a
limit of 0.002 micrograms per kilogram or the level of detection (using
analytical procedures contained in SW-846, or other appropriate methods),
whichever is higher, must be used. The levels specified in appendix VII of this
section (and the default level of 0.002 micrograms per kilogram or the level of
detection for constituents as identified in Note 1 of appendix VII of this
paragraph) are administratively stayed under the condition, for those
constituents specified in paragraph b)(1) of this section, that the owner or
operator complies with alternative levels defined as the land disposal
restriction limits specified in § 268.43 of this rule for F039
nonwaste-waters. In complying with those alternative levels, if an owner or
operator is unable detect a constituent despite documenting use of best
good-faith efforts as defined by applicable EPA or Division guidance or
standards, the owner or operator is deemed to be in compliance for that
constituent. Until new guidance or standards are developed, the owner or
operator may demonstrate such good faith efforts by achieving a detection limit
for the constituent that does not exceed an order of magnitude above the level
provided by § 268.43 of this rule for F039 nonwastewaters. In complying
with the § 268.43 of this rule F039 nonwastewater levels for
polychlorinated dibenzo-p-dioxins and polychlorinated dibenzo-furans, analyses
must be performed for total hexachlorodibenzo-p-dioxins, total
hexachlorodibenzofurans, total pentachloro-dibenzo-p-dioxins, total
pentachlorodibenzo-furans, total tetrachlorodibenzo-p-dioxins, and total
tetrachlorodibenzofurans.
Note to this paragraph (b)(2)(i): The administrative stay, under the condition that the owner or operator complies with alternative levels defined as the land disposal restriction limits specified in § 268.43 of this Rule for F039 nonwastewaters, remains in effect until further administrative action is taken and notice is published in the Federal Register and the Code of Federal Regulations.
(ii) Metal
constituents. The concentration of metals in an extract obtained using the
Toxicity Characteristic Leaching Procedure of § 261.24 of this rule must
not exceed the levels specified in Appendix VII of this section and
(iii) Sampling and analysis. Waste-derived
residue shall be sampled and analyzed as often as necessary to determine
whether the residue generated during each 24-hour period has concentrations of
toxic constituents that are higher than the health-based levels. Concentrations
of toxic constituents of concern in the waste-derived residue shall be
determined based on analysis of one or more samples obtained over a 24-hour
period. Multiple samples may be analyzed, and multiple samples may be taken to
form a composite sample for analysis provided that the sampling period does not
exceed 24 hours. If more than one sample is analyzed to characterize
waste-derived residues generated over a 24-hour period, the concentration of
each toxic constituent shall be the arithmetic mean of the concentrations in
the samples. No results may be disregarded; and
(c) Records sufficient to document compliance
with the provisions of this section shall be retained until closure of the
boiler or industrial furnace unit. At a minimum, the following shall be
recorded.
(1) Levels of constituents in
Appendix VIII, Section 261, that are present in waste-derived
residues;
(2) If the waste-derived
residue is compared with normal residue under paragraph (b)(1) of this section:
(i) The levels of constituents in Appendix
VIII, Section 261, that are present in normal residues; and
(ii) Data and information, including analyses
of samples as necessary, obtained to determine if changes in raw materials or
fuels would reduce the concentration of toxic constituents of concern in the
normal residue.
Subsections I-L
(Reserved)
Subsection M
-- Military Munitions
§
266.200
Applicability
(a) The rules in this subsection identify
when military munitions become a solid waste, and, if these wastes are also
hazardous under this subsection or Section 261, the management standards that
apply to these wastes.
(b) Unless
otherwise specified in this subsection, all applicable requirements in Sections
260 through 270 apply to waste military munitions.
§ 266.201
Definitions
In addition to the definitions in § 260.10, the following definitions apply to this subsection:
"Active range" means a military range that is currently in service and is being regularly used for range activities.
"Chemical agents and munitions" are defined as in 50 U.S.C. section 1521(j)(1).
"Director" is as defined in § 270.2.
"Explosives or munitions emergency response specialist" is as defined in § 260.10.
"Explosives or munitions emergency" is as defined in § 260.10.
"Explosives or munitions emergency response" is as defined in § 260.10.
"Inactive range" means a military range that is not currently being used, but that is still under military control and considered by the military to be a potential range area, and that has not been put to a new use that is incompatible with range activities.
"Military" means the Department of Defense (DOD), the Armed Services, Coast Guard, National Guard, Department of Energy (DOE), or other parties under contract or acting as an agent for the foregoing, who handle military munitions.
"Military munitions" is as defined in § 260.10.
"Military range" means designated land and water areas set aside, managed, and used to conduct research on, develop, test, and evaluate military munitions and explosives, other ordnance, or weapon systems, or to train military personnel in their use and handling. Ranges include firing lines and positions, maneuver areas, firing lanes, test pads, detonation pads, impact areas, and buffer zones with restricted access and exclusionary areas.
"Unexploded ordnance (UXO)" means military munitions that have been primed, fused, armed, or otherwise prepared for action, and have been fired, dropped, launched, projected, or placed in such a manner as to constitute a hazard to operations, installation, personnel, or material and remain unexploded either by malfunction, design, or any other cause.
§ 266.202
Definition of solid waste
(a) A
military munition is not a solid waste when:
(1) Used for its intended purpose, including:
(i) Use in training military personnel or
explosives and munitions emergency response specialists (including training in
proper destruction of unused propellant or other munitions); or
(ii) Use in research, development, testing,
and evaluation of military munitions, weapons, or weapon systems; or
(iii) Recovery, collection, and on-range
destruction of unexploded ordnance and munitions fragments during range
clearance activities at active or inactive ranges. However, "use for intended
purpose" does not include the on-range disposal or burial of unexploded
ordnance and contaminants when the burial is not a result of product
use.
(2) An unused
munition, or component thereof, is being repaired, reused, recycled, reclaimed,
disassembled, reconfigured, or otherwise subjected to materials recovery
activities, unless such activities involve use constituting disposal as defined
in § 261.2(c)(1), or burning for energy recovery as defined in §
261.2(c)(2).
(b) An
unused military munition is a solid waste when any of the following occurs:
(1) The munition is abandoned by being
disposed of, burned, detonated (except during intended use as specified in
paragraph (a) of this section), incinerated, or treated prior to disposal;
or
(2) The munition is removed from
storage in a military magazine or other storage area for the purpose of being
disposed of, burned, or incinerated, or treated prior to disposal, or
(3) The munition is deteriorated or damaged
(e.g., the integrity of the munition is compromised by cracks, leaks, or other
damage) to the point that it cannot be put into serviceable condition, and
cannot reasonably be recycled or used for other purposes; or
(4) The munition has been declared a solid
waste by an authorized military official.
(c) A used or fired military munition is a
solid waste:
(1) When transported off range or
from the site of use, where the site of use is not a range, for the purposes of
storage, reclamation, treatment, disposal, or treatment prior to disposal;
or
(2) If recovered, collected, and
then disposed of by burial, or landfilling either on or off a range.
(d) For purposes of RCRA section
1004(27), a used or fired military munition is a solid waste, and, therefore,
is potentially subject to RCRA corrective action authorities under sections
3004(u) and (v), and 3008(h), or imminent and substantial endangerment
authorities under section 7003, if the munition lands off-range and is not
promptly rendered safe and/or retrieved. Any imminent and substantial threats
associated with any remaining material must be addressed. If remedial action is
infeasible, the operator of the range must maintain a record of the event for
as long as any threat remains. The record must include the type of munition and
its location (to the extent the location is known).
§ 266.203
Standards applicable to
the transportation of solid waste military munitions
(a) Criteria for hazardous waste rule of
waste non-chemical military munitions in transportation.
(1) Waste military munitions that are being
transported and that exhibit a hazardous waste characteristic or are listed as
hazardous waste under Section 261, are listed or identified as a hazardous
waste (and thus are subject to rules under Sections 260 through 270), unless
all the following conditions are met:
(i) The
waste military munitions are not chemical agents or chemical munitions; (ii)
The waste military munitions must be transported in accordance with the
Department of Defense shipping controls applicable to the transport of military
munitions;
(iii) The waste military
munitions must be transported from a military owned or operated installation to
a military owned or operated treatment, storage, or disposal facility;
and
(iv) The transporter of the
waste must provide oral notice to the Director within 24 hours from the time
the transporter becomes aware of any loss or theft of the waste military
munitions, or any failure to meet a condition of paragraph (a)(1) of this
section that may endanger health or the environment. In addition, a written
submission describing the circumstances shall be provided within 5 days from
the time the transporter becomes aware of any loss or theft of the waste
military munitions or any failure to meet a condition of paragraph (a)(1) of
this section.
(2) If any
waste military munitions shipped under paragraph (a)(1) of this section are not
received by the receiving facility within 45 days of the day the waste was
shipped, the owner or operator of the receiving facility must report this
non-receipt to the Director within 5 days.
(3) The exemption in paragraph (a)(1) of this
section from rule as hazardous waste shall apply only to the transportation of
non-chemical waste military munitions. It does not affect the regulatory status
of waste military munitions as hazardous wastes with regard to storage,
treatment or disposal.
(4) The
conditional exemption in paragraph (a)(1) of this section applies only so long
as all of the conditions in paragraph (a)(1) of this section are met.
(b) Reinstatement of exemption. If
any waste military munition loses its exemption under paragraph (a)(1) of this
section, an application may be filed with the Director for reinstatement of the
exemption from hazardous waste transportation rule with respect to such
munition as soon as the munition is returned to compliance with the conditions
of paragraph (a)(1) of this section. If the Director finds that reinstatement
of the exemption is appropriate based on factors such as the transporter's
provision of a satisfactory explanation of the circumstances of the violation,
or a demonstration that the violations are not likely to recur, the Director
may reinstate the exemption under paragraph (a)(1) of this section. If the
Director does not take action on the reinstatement application within 60 days
after receipt of the application, then reinstatement shall be deemed granted,
retroactive to the date of the application. The Director may terminate a
conditional exemption reinstated by default in the preceding sentence if the
Director finds that reinstatement is inappropriate based on factors such as the
transporter's failure to provide a satisfactory explanation of the
circumstances of the violation, or failure to demonstrate that the violations
are not likely to recur. In reinstating the exemption under paragraph (a)(1) of
this section, the Director may specify additional conditions as are necessary
to ensure and document proper transportation to protect human health and the
environment.
(c) Amendments to DOD
shipping controls. The Department of Defense shipping controls applicable to
the transport of military munitions referenced in paragraph (a)(1)(ii) of this
section are Government Bill of Lading (GBL) (GSA Standard Form 1109),
requisition tracking form DD Form 1348, the Signature and Talley Record (DD
Form 1907), Special Instructions for Motor Vehicle Drivers (DD Form 836), and
the Motor Vehicle Inspection Report (DD Form 626) in effect on November 8,
1995, except as provided in the following sentence. Any amendments to the
Department of Defense shipping controls shall become effective for purposes of
paragraph (a)(1) of this section on the date the Department of Defense
publishes notice in the Federal Register that the shipping controls referenced
in paragraph (a)(1)(ii) of this section have been amended.
§ 266.204
Standards applicable to
emergency responses
Explosives and munitions emergencies involving military munitions or explosives are subject to §§ 262.10(i), 263.10(f), 264.1(g)(8), 265.1(c)(11), and 270.1(c)(3), or alternatively to § 270.61 of this rule.
§ 266.205
Standards applicable to the storage of solid waste military
munitions
(a) Criteria for hazardous
waste rule of waste non-chemical military munitions in storage.
(1) Waste military munitions in storage that
exhibit a hazardous waste characteristic or are listed as hazardous waste under
Section 261, are listed or identified as a hazardous waste (and thus are
subject to rule under Sections 260 through 279), unless all the following
conditions are met:
(i) The waste military
munitions are not chemical agents or chemical munitions.
(ii) The waste military munitions must be
subject to the jurisdiction of the Department of Defense Explosives Safety
Board (DDESB).
(iii) The waste
military munitions must be stored in accordance with the DDESB storage
standards applicable to waste military munitions.
(iv) Within 90 days of August 12, 1997 or
within 90 days of when a storage unit is first used to store waste military
munitions, whichever is later, the owner or operator must notify the Director
of the location of any waste storage unit used to store waste military
munitions for which the conditional exemption in paragraph (a)(1) is
claimed.
(v) The owner or operator
must provide oral notice to the Director within 24 hours from the time the
owner or operator becomes aware of any loss or theft of the waste military
munitions, or any failure to meet a condition of paragraph (a)(1) that may
endanger health or the environment. In addition, a written submission
describing the circumstances shall be provided within 5 days from the time the
owner or operator becomes aware of any loss or theft of the waste military
munitions or any failure to meet a condition of paragraph (a)(1) of this
section.
(vi) The owner or operator
must inventory the waste military munitions at least annually, must inspect the
waste military munitions at least quarterly for compliance with the conditions
of paragraph (a)(1) of this section, and must maintain records of the findings
of these inventories and inspections for at least three years.
(vii) Access to the stored waste military
munitions must be limited to appropriately trained and authorized
personnel.
(2) The
conditional exemption in paragraph (a)(1) of this section from rule as
hazardous waste shall apply only to the storage of non-chemical waste military
munitions. It does not affect the regulatory status of waste military munitions
as hazardous wastes with regard to transportation, treatment or
disposal.
(3) The conditional
exemption in paragraph (a)(1) of this section applies only so long as all of
the conditions in paragraph (a)(1) of this section are met.
(b) Notice of termination of waste
storage. The owner or operator must notify the Director when a storage unit
identified in paragraph (a)(1)(iv) of this section will no longer be used to
store waste military munitions.
(c)
Reinstatement of conditional exemption. If any waste military munition loses
its conditional exemption under paragraph (a)(1) of this section, an
application may be filed with the Director for reinstatement of the conditional
exemption from hazardous waste storage rule with respect to such munition as
soon as the munition is returned to compliance with the conditions of paragraph
(a)(1) of this section. If the Director finds that reinstatement of the
conditional exemption is appropriate based on factors such as the owner's or
operator's provision of a satisfactory explanation of the circumstances of the
violation, or a demonstration that the violations are not likely to recur, the
Director may reinstate the conditional exemption under paragraph (a)(1) of this
section. If the Director does not take action on the reinstatement application
within 60 days after receipt of the application, then reinstatement shall be
deemed granted, retroactive to the date of the application. However, the
Director may terminate a conditional exemption reinstated by default in the
preceding sentence if he/she finds that reinstatement is inappropriate based on
factors such as the owner's or operator's failure to provide a satisfactory
explanation of the circumstances of the violation, or failure to demonstrate
that the violations are not likely to recur. In reinstating the conditional
exemption under paragraph (a)(1) of this section, the Director may specify
additional conditions as are necessary to ensure and document proper storage to
protect human health and the environment.
(d) Waste chemical munitions.
(1) Waste military munitions that are
chemical agents or chemical munitions and that exhibit a hazardous waste
characteristic or are listed as hazardous waste under Section 261, are listed
or identified as a hazardous waste and shall be subject to the
applicable regulatory requirements of RCRA subtitle C.
(2) Waste military munitions that are
chemical agents or chemical munitions and that exhibit a hazardous waste
characteristic or are listed as hazardous waste under Section 261, are not
subject to the storage prohibition in RCRA section 3004(j), codified at
40 CFR
268.50.
(e) Amendments to DDESB storage standards.
The DDESB storage standards applicable to waste military munitions, referenced
in paragraph (a)(1)(iii) of this section, are DOD 6055.9-STD ("DOD Ammunition
and Explosive Safety Standards"), in effect on November 8, 1995, except as
provided in the following sentence. Any amendments to the DDESB storage
standards shall become effective for purposes of paragraph (a)(1) of this
section on the date the Department of Defense publishes notice in the Federal
Register that the DDESB standards referenced in paragraph (a)(1) of this
section have been amended.
§
266.206
Standards applicable to the treatment and disposal
of waste military munitions
The treatment and disposal of hazardous waste military munitions are subject to the applicable permitting, procedural, and technical standards in Sections 260 through 270 of this rule.
Subpart N-Conditional Exemption for Low-Level Mixed Waste Storage, Treatment, Transportation, and Disposal Terms
§ 266.210
What definitions apply
to this subpart?
This subsection uses the following special definitions:
"Agreement State" means a state that has entered into an agreement with the NRC under subsection 274b of the Atomic Energy Act of 1954, as amended (68 Stat. 919), to assume responsibility for regulating within its borders byproduct, source, or special nuclear material in quantities not sufficient to form a critical mass.
"Certified delivery" means certified mail with return receipt requested, or equivalent courier service, or other means, that provides the sender with a receipt confirming delivery.
"Director" refers to the definition in § 270.2.
"Eligible Naturally Occurring and/or Accelerator-produced Radioactive Material" (NARM) is NARM that is eligible for the Transportation and Disposal Conditional Exemption. It is a NARM waste that contains RCRA hazardous waste, meets the waste acceptance criteria of, and is allowed by State NARM regulations to be disposed of at a low-level radioactive waste disposal facility (LLRWDF) licensed in accordance with 10 CFR part 61 or NRC Agreement State equivalent regulations.
"Exempted waste" means a waste that meets the eligibility criteria in § 266.225 and meets all of the conditions in § 266.230, or meets the eligibility criteria in § 266.310 and complies with all the conditions in § 266.315. Such waste is conditionally exempted from the regulatory definition of hazardous waste described in § 261.3 of this rule.
"Hazardous Waste" means any material which is defined to be hazardous waste in accordance with § 261.3, "Definition of Hazardous Waste.''
"Land Disposal Restriction (LDR) Treatment Standards" means treatment standards, under Section 268 of this rule, that a RCRA hazardous waste must meet before it can be disposed of in a RCRA hazardous waste land disposal unit.
"License" means a license issued by the Nuclear Regulatory Commission, or NRC Agreement State, to users that manage radionuclides regulated by NRC, or NRC Agreement States, under authority of the Atomic Energy Act of 1954, as amended.
"Low-Level Mixed Waste" (LLMW) is a waste that contains both low-level radioactive waste and RCRA hazardous waste.
"Low-Level Radioactive Waste" (LLW) is a radioactive waste which contains source, special nuclear, or by-product material, and which is not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or byproduct material as defined in section 11e.(2) of the Atomic Energy Act. (See also NRC definition of "waste" at 10 CFR 61.2)
"Mixed Waste" means a waste that contains both RCRA hazardous waste and source, special nuclear, or byproduct material subject to the Atomic Energy Act of 1954, as amended.
"Naturally Occurring and/or Accelerator-produced Radioactive Material" (NARM) means radioactive materials that:
(1) Are naturally occurring and are not
source, special nuclear, or byproduct materials (as defined by the AEA)
or
(2) Are produced by an
accelerator. NARM is regulated by the States under State law, or by DOE (as
authorized by the AEA) under DOE orders.
"NRC" means the U. S. Nuclear Regulatory Commission.
"We" or "us" within this subpart, means the Director as defined in § 270.2 of this rule. "You" means a generator, treater, or other handler of low-level mixed waste or eligible NARM.
Storage and Treatment Conditional Exemption and Eligibility
§
266.220
What does a storage and treatment conditional
exemption do?
The storage and treatment conditional exemption exempts your low-level mixed waste from the regulatory definition of hazardous waste in § 261.3 if your waste meets the eligibility criteria in § 266.225 and you meet the conditions in § 266.230.
§ 266.225
What wastes are eligible
for the storage and treatment conditional exemption?
Low-level mixed waste (LLMW), defined in § 266.210, is eligible for this conditional exemption if it is generated and managed by you under a single NRC or NRC Agreement State license. (Mixed waste generated at a facility with a different license number and shipped to your facility for storage or treatment requires a permit and is ineligible for this exemption. In addition, NARM waste is ineligible this exemption.)
§ 266.230
What conditions must you
meet for your LLMW to qualify for and maintain a storage and treatment
exemption?
(a) For your LLMW to qualify
for the exemption you must notify us in writing by certified delivery that you
are claiming a conditional exemption for the LLMW stored on your facility. The
dated notification must include your name, address, RCRA identification number,
NRC or NRC Agreement State license number, the waste code(s) and storage
unit(s) for which you are seeking an exemption, and a statement that you meet
the conditions of this subpart. Your notification must be signed by your
authorized representative who certifies that the information in the
notification is true, accurate, and complete. You must notify us of your claim
either within 90 days of the effective date of this rule in your State, or
within 90 days of when a storage unit is first used to store conditionally
exempt LLMW.
(b) To qualify for and
maintain an exemption for your LLMW you must:
(1) Store your LLMW waste in tanks or
containers in compliance with the requirements of your license that apply to
the proper storage of low-level radioactive waste (not including those license
requirements that relate solely to recordkeeping);
(2) Store your LLMW in tanks or containers in
compliance with chemical compatibility requirements of a tank or container in
§§ 264.177, or 264.199 or 265.177, or 265.199 of this rule;
(3) Certify that facility personnel who
manage stored conditionally exempt LLMW are trained in a manner that ensures
that the conditionally exempt waste is safely managed and includes training in
chemical waste management and hazardous materials incidents response that meets
the personnel training standards found in § 265.16(a)(3) of this
rule;
(4) Conduct an inventory of
your stored conditionally exempt LLMW at least annually and inspect it at least
quarterly for compliance with subsection N of this section; and
(5) Maintain an accurate emergency plan and
provide it to all local authorities who may have to respond to a fire,
explosion, or release of hazardous waste or hazardous constituents. Your plan
must describe emergency response arrangements with local authorities; describe
evacuation plans; list the names, addresses, and telephone numbers of all
facility personnel qualified to work with local authorities as emergency
coordinators; and list emergency equipment.
Treatment
§ 266.235
What waste treatment
does the storage and treatment conditional exemption allow?
You may treat your low-level mixed waste at your facility within a tank or container in accordance with the terms of your NRC or NRC Agreement State license. Treatment that cannot be done in a tank or container without a RCRA permit (such as incineration) is not allowed under this exemption.
Loss of Conditional Exemption
§ 266.240
How could you lose the
conditional exemption for your LLMW and what action must you take?
(a) Your LLMW will automatically lose the
storage and treatment conditional exemption if you fail to meet any of the
conditions specified in § 266.230. When your LLMW loses the exemption, you
must immediately manage that waste which failed the condition as RCRA hazardous
waste, and the storage unit storing the LLMW immediately becomes subject to
RCRA hazardous waste container and/or tank storage requirements.
(1) If you fail to meet any of the conditions
specified in § 266.230 you must report to us and the NRC, or the oversight
agency in the NRC Agreement State, in writing by certified delivery within 30
days of learning of the failure. Your report must be signed by your authorized
representative certifying that the information provided is true, accurate, and
complete. This report must include:
(i) The
specific condition(s) you failed to meet;
(ii) A description of the LLMW (including the
waste name, hazardous waste codes and quantity) and storage location at the
facility; and
(iii) The date(s) on
which you failed to meet the condition(s).
(2) If the failure to meet any of the
conditions may endanger human health or the environment, you must also
immediately notify us orally within 24 hours and follow up with a written
notification within five days. Failures that may endanger human health or the
environment include, but are not limited to, discharge of a CERCLA reportable
quantity or other leaking or exploding tanks or containers, or detection of
radionuclides above background or hazardous constituents in the leachate
collection system of a storage area. If the failure may endanger human health
or the environment, you must follow the provisions of your emergency
plan.
(b) We may
terminate your conditional exemption for your LLMW, or require you to meet
additional conditions to claim a conditional exemption, for serious or repeated
noncompliance with any requirement(s) of subpart N of this part.
§ 266.245
If you lose
the storage and treatment conditional exemption for your LLMW, can the
exemption be reclaimed?
(a) You may
reclaim the storage and treatment exemption for your LLMW if:
(1) You again meet the conditions specified
in § 266.230; and
(2) You send
us a notice by certified delivery that you are reclaiming the exemption for
your LLMW. Your notice must be signed by your authorized representative
certifying that the information contained in your notice is true, complete, and
accurate. In your notice you must do the following:
(i) Explain the circumstances of each
failure.
(ii) Certify that you have
corrected each failure that caused you to lose the exemption for your LLMW and
that you again meet all the conditions as of the date you specify.
(iii) Describe plans that you have
implemented, listing specific steps you have taken, to ensure the conditions
will be met in the future.
(iv)
Include any other information you want us to consider when we review your
notice reclaiming the exemption.
(b) We may terminate a reclaimed conditional
exemption if we find that your claim is inappropriate based on factors
including, but not limited to, the following: you have failed to correct the
problem; you explained the circumstances of the failure unsatisfactorily; or
you failed to implement a plan with steps to prevent another failure to meet
the conditions of §266.230. In reviewing a reclaimed conditional exemption
under this section, we may add conditions to the exemption to ensure that waste
management during storage and treatment of the LLMW will protect human health
and the environment.
Recordkeeping
§ 266.250
What records must you
keep at your facility and for how long?
(a) In addition to those records required by
your NRC or NRC Agreement State license, you must keep records as follows:
(1) Your initial notification records, return
receipts, reports to us of failure(s) to meet the exemption conditions, and all
records supporting any reclaim of an exemption;
(2) Records of your LLMW annual inventories,
and quarterly inspections;
(3) Your
certification that facility personnel who manage stored mixed waste are trained
in safe management of LLMW including training in chemical waste management and
hazardous materials incidents response; and
(4) Your emergency plan as specified in
§ 266.230(b).
(b)
You must maintain records concerning notification, personnel trained, and your
emergency plan for as long as you claim this exemption and for three years
thereafter, or in accordance with NRC regulations under 10 CFR part 20 (or
equivalent NRC Agreement State regulations), whichever is longer. You must
maintain records concerning your annual inventory and quarterly inspections for
three years after the waste is sent for disposal, or in accordance with NRC
regulations under 10 CFR part 20 (or equivalent NRC Agreement State
regulations), whichever is longer.
Reentry Into RCRA
§ 266.255
When is your LLMW no
longer eligible for the storage and treatment conditional exemption?
(a) When your LLMW has met the requirements
of your NRC or NRC Agreement State license for decay-in-storage and can be
disposed of as non-radioactive waste, then the conditional exemption for
storage no longer applies. On that date your waste is subject to hazardous
waste rule under the relevant sections of Sections 260 through 268 of this
rule, and the time period for accumulation of a hazardous waste as specified in
§ 262.16 or 262.17 begins.
(b)
When your conditionally exempt LLMW, which has been generated and stored under
a single NRC or NRC Agreement State license number, is removed from storage, it
is no longer eligible for the storage and treatment exemption. However, your
waste may be eligible for the transportation and disposal conditional exemption
at §266.305.
Storage Unit Closure
§ 266.260
Do closure requirements
apply to units that stored LLMW prior to the effective date of Subpart
N?
Interim status and permitted storage units that have been used to store only LLMW prior to the effective date of subpart N of this part and, after that date, store only LLMW which becomes exempt under this subpart N, are not subject to the closure requirements of Sections 264 and 265 of this rule. Storage units (or portions of units) that have been used to store both LLMW and non-mixed hazardous waste prior to the effective date of subpart N or are used to store both after that date remain subject to closure requirements with respect to the non-mixed hazardous waste.
Transportation and Disposal Conditional Exemption
§
266.305
What does the transportation and disposal
conditional exemption do?
This conditional exemption exempts your waste from the regulatory definition of hazardous waste in § 261.3 if your waste meets the eligibility criteria under § 266.310, and you meet the conditions in § 266.315.
Eligibility
§
266.310
What wastes are eligible for the transportation and
disposal conditional exemption?
Eligible waste must be:
(a) A low-level mixed waste (LLMW), as
defined in §
266.210, that meets the waste acceptance
criteria of a LLRWDF; and/or
(b) An
eligible NARM waste, defined in § 266.210.
Conditions
§ 266.315
What are the conditions
you must meet for your waste to qualify for and maintain the transportation and
disposal conditional exemption?
You must meet the following conditions for your eligible waste to qualify for and maintain the exemption:
(a) The eligible waste must meet or be
treated to meet LDR treatment standards as described in §
266.320.
(b) If you are not already
subject to NRC, or NRC Agreement State equivalent manifest and transportation
regulations for the shipment of your waste, you must manifest and transport
your waste according to NRC regulations as described in §
266.325.
(c) The exempted waste
must be in containers when it is disposed of in the LLRWDF as described in
§ 266.340.
(d) The exempted
waste must be disposed of at a designated LLRWDF as described in §
266.335.
§ 266.320
What treatment standards must your eligible waste meet?
Your LLMW or eligible NARM waste must meet Land Disposal Restriction (LDR) treatment standards specified in Section 268, subpart D of this rule.
§ 266.325
Are you subject to the manifest and transportation condition in
§266.315(b)?
If you are not already subject to NRC, or NRC Agreement State equivalent manifest and transportation regulations for the shipment of your waste, you must meet the manifest requirements under 10 CFR 20.2006 (or NRC Agreement State equivalent regulations), and the transportation requirements under 10 CFR 1.5 (or NRC Agreement State equivalent regulations) to ship the exempted waste.
§ 266.330
When does the
transportation and disposal exemption take effect?
The exemption becomes effective once all the following have occurred:
(a) Your eligible waste
meets the applicable LDR treatment standards.
(b) You have received return receipts that
you have notified both DEQ and the LLRWDF as described in 266.345.
(c) You have completed the packaging and
preparation for shipment requirements for your waste according to NRC Packaging
and Transportation regulations found under 10 CFR part 71 (or NRC Agreement
State equivalent regulations); and you have prepared a manifest for your waste
according to NRC manifest regulations found under 10 CFR part 20 (or NRC
Agreement State equivalent regulations), and
(d) You have placed your waste on a
transportation vehicle destined for a LLRWDF licensed by NRC or an NRC
Agreement State.
§
266.335
Where must your exempted waste be disposed
of?
Your exempted waste must be disposed of in a LLRWDF that is regulated and licensed by NRC under 10 CFR part 61 or by an NRC Agreement State under equivalent State regulations, including State NARM licensing regulations for eligible NARM.
§
266.340
What type of container must be used for disposal of
exempted waste?
Your exempted waste must be placed in containers before it is disposed. The container must be:
(a) A
carbon steel drum; or
(b) An
alternative container with equivalent containment performance in the disposal
environment as a carbon steel drum; or
(c) A high integrity container as defined by
NRC.
Notification
§ 266.345
Whom must you
notify?
(a) You must provide a one time
notice to DEQ stating that you are claiming the transportation and disposal
conditional exemption prior to the initial shipment of an exempted waste from
your facility to a LLRWDF. Your dated written notice must include your facility
name, address, phone number, and RCRA ID number, and be sent by certified
delivery.
(b) You must notify the
LLRWDF receiving your exempted waste by certified delivery before shipment of
each exempted waste. You can only ship the exempted waste after you have
received the return receipt of your notice to the LLRWDF. This notification
must include the following:
(1) A statement
that you have claimed the exemption for the waste.
(2) A statement that the eligible waste meets
applicable LDR treatment standards.
(3) Your facility's name, address, and RCRA
ID number.
(4) The RCRA hazardous
waste codes prior to the exemption of the waste streams.
(5) A statement that the exempted waste must
be placed in a container according to Sec. 266.340 prior to disposal in order
for the waste to remain exempt under the transportation and disposal
conditional exemption of subpart N of this part.
(6) The manifest number of the shipment that
will contain the exempted waste.
(7) A certification that all the information
provided is true, complete, and accurate. The statement must be signed by your
authorized representative.
Recordkeeping
§ 266.350
What records
must you keep at your facility and for how long?
In addition to those records required by your NRC or NRC Agreement State license, you must keep records as follows:
(a) You must follow the applicable existing
recordkeeping requirements under §§ 264.73, 265.73, and 268.7 of this
rule to demonstrate that your waste has met LDR treatment standards prior to
your claiming the exemption.
(b)
You must keep a copy of all notifications and return receipts required under
§§ 266.355, and § 266.360 for three years after the exempted
waste is sent for disposal.
(c) You
must keep a copy of all notifications and return receipts required under §
266.345(a) for three years after the last exempted waste is sent for
disposal.
(d) You must keep a copy
of the notification and return receipt required under § 266.345(b) for
three years after the exempted waste is sent for disposal.
(e) If you are not already subject to NRC, or
NRC Agreement State equivalent manifest and transportation regulations for the
shipment of your waste, you must also keep all other documents related to
tracking the exempted waste as required under
10 CFR
20.2006 or NRC Agreement State equivalent
regulations, including applicable NARM requirements, in addition to the records
specified in § 266.350(a) through (d).
Loss of Transportation and Disposal Conditional Exemption
§
266.355
How could you lose the transportation and disposal
conditional exemption for your waste and what actions must you take?
(a) Any waste will automatically lose the
transportation and disposal exemption if you fail to manage it in accordance
with all of the conditions specified in § 266.315.
(1) When you fail to meet any of the
conditions specified in § 266.315 for any of your wastes, you must report
to DEQ, in writing by certified delivery, within 30 days of learning of the
failure. Your report must be signed by your authorized representative
certifying that the information provided is true, accurate, and complete. This
report must include:
(i) The specific
condition(s) that you failed to meet for the waste;
(ii) A description of the waste (including
the waste name, hazardous waste codes and quantity) that lost the exemption;
and
(iii) The date(s) on which you
failed to meet the condition(s) for the waste.
(2) If the failure to meet any of the
conditions may endanger human health or the environment, you must also
immediately notify DEQ orally within 24 hours and follow up with a written
notification within 5 days.
(b) DEQ may terminate your ability to claim a
conditional exemption for your waste, or require you to meet additional
conditions to claim a conditional exemption, for serious or repeated
noncompliance with any requirement(s) of subsection N of this
section.
§ 266.360
If you lose the transportation and disposal conditional exemption for a
waste, can the exemption be reclaimed?
(a) You may reclaim the transportation and
disposal exemption for a waste after you have received a return receipt
confirming that DEQ has received your notification of the loss of the exemption
specified in § 266.355(a) and if:
(1) You
again meet the conditions specified in § 266.315 for the waste;
and
(2) You send a notice, by
certified delivery, to DEQ that you are reclaiming the exemption for the waste.
Your notice must be signed by your authorized representative certifying that
the information provided is true, accurate, and complete. The notice must:
(i) Explain the circumstances of each
failure.
(ii) Certify that each
failure that caused you to lose the exemption for the waste has been corrected
and that you again meet all conditions for the waste as of the date you
specify.
(iii) Describe plans you
have implemented, listing the specific steps that you have taken, to ensure
that conditions will be met in the future.
(iv) Include any other information you want
us to consider when we review your notice reclaiming the exemption.
(b) DEQ may terminate a
reclaimed conditional exemption if the Division finds that your claim is
inappropriate based on factors including, but not limited to: you have failed
to correct the problem; you explained the circumstances of the failure
unsatisfactorily; or you failed to implement a plan with steps to prevent
another failure to meet the conditions of § 266.315. In reviewing a
reclaimed conditional exemption under this section, we may add conditions to
the exemption to ensure that transportation and disposal activities will
protect human health and the environment.
Appendices
Appendix I.-Tier I and Tier II Feed Rate and Emissions Screening Limits for Metals
Table I-A.-Tier I and Tier II Feed Rate and Emissions Screening Limits for Noncarcinogenic Metals for Facilities in Noncomplex Terrain [Values for urban areas]
|
Terrain adjusted eff. stack ht. (m) |
Antimony (g/hr) |
Barium (g/hr) |
Lead (g/hr) |
Mercury (g/hr) |
Silver (g/hr) |
Thallium (g/hr) |
|
4 |
6.0E + 01 |
1.0E + 04 |
1.8E + 01 |
6.0E + 01 |
6.0E + 02 |
6.0E + 01 |
|
6 |
6.8E + 01 |
1.1E + 04 |
2.0E + 01 |
6.8E + 01 |
6.8E + 02 |
6.8E + 01 |
|
8 |
7.6E + 01 |
1.3E + 04 |
2.3E + 01 |
7.6E + 01 |
7.6E + 02 |
7.6E + 01 |
|
10 |
8.6E + 01 |
1.4E + 04 |
2.6E + 01 |
8.6E + 01 |
8.6E + 02 |
8.6E + 01 |
|
12 |
9.6E + 01 |
1.7E + 04 |
3.0E + 01 |
9.6E + 01 |
9.6E + 02 |
9.6E + 01 |
|
14 |
1.1E + 02 |
1.8E + 04 |
3.4E + 01 |
1.1E + 02 |
1.1E + 03 |
1.1E + 02 |
|
16 |
1.3E + 02 |
2.1E + 04 |
3.6E + 01 |
1.3E + 02 |
1.3E + 03 |
1.3E + 02 |
|
18 |
1.4E + 02 |
2.4E + 04 |
4.3E + 01 |
1.4E + 02 |
1.4E + 03 |
1.4E + 02 |
|
20 |
1.6E + 02 |
2.7E + 04 |
4.6E + 01 |
1.6E + 02 |
1.6E + 03 |
1.6E + 02 |
|
22 |
1.8E + 02 |
3.0E + 04 |
5.4E + 01 |
1.8E + 02 |
1.8E + 03 |
1.8E + 02 |
|
24 |
2.0E + 02 |
3.4E + 04 |
6.0E + 01 |
2.0E + 02 |
2.0E + 03 |
2.0E + 02 |
|
26 |
2.3E + 02 |
3.9E + 04 |
6.8E + 01 |
2.3E + 02 |
2.3E + 03 |
2.3E + 02 |
|
28 |
2.6E + 02 |
4.3E + 04 |
7.8E + 01 |
2.6E + 02 |
2.6E + 03 |
2.6E + 02 |
|
30 |
3.0E + 02 |
5.0E + 04 |
9.0E + 01 |
3.0E + 02 |
3.0E + 03 |
3.0E + 02 |
|
35 |
4.0E + 02 |
6.6E + 04 |
1.1E + 02 |
4.0E + 02 |
4.0E + 03 |
4.0E + 02 |
|
40 |
4.6E + 02 |
7.8E + 04 |
1.4E + 02 |
4.6E + 02 |
4.6E + 03 |
4.6E + 02 |
|
45 |
6.0E + 02 |
1.0E + 05 |
1.8E + 02 |
6.0E + 02 |
6.0E + 03 |
6.0E + 02 |
|
50 |
7.8E + 02 |
1.3E + 05 |
2.3E + 02 |
7.8E + 02 |
7.8E + 03 |
7.8E + 02 |
|
55 |
9.6E + 02 |
1.7E + 05 |
3.0E + 02 |
9.6E + 02 |
9.6E + 03 |
9.6E + 02 |
|
60 |
1.2E + 03 |
2.0E + 05 |
3.6E + 02 |
1.2E + 03 |
1.2E + 04 |
1.2E + 03 |
|
65 |
1.5E + 03 |
2.5E + 05 |
4.3E + 02 |
1.5E + 03 |
1.5E + 04 |
1.5E + 03 |
|
70 |
1.7E + 03 |
2.8E + 05 |
5.0E + 02 |
1.7E + 03 |
1.7E + 04 |
1.7E + 03 |
|
75 |
1.9E + 03 |
3.2E + 05 |
5.8E + 02 |
1.9E + 03 |
1.9E + 04 |
1.9E + 03 |
|
80 |
2.2E + 03 |
3.6E + 05 |
6.4E + 02 |
2.2E + 03 |
2.2E + 04 |
2.2E + 03 |
|
85 |
2.5E + 03 |
4.0E + 05 |
7.6E + 02 |
2.5E + 03 |
2.5E + 04 |
2.5E + 03 |
|
90 |
2.8E + 03 |
4.6E + 05 |
8.2E + 02 |
2.8E + 03 |
2.8E + 04 |
2.8E + 03 |
|
95 |
3.2E + 03 |
5.4E + 05 |
9.6E + 02 |
3.2E + 03 |
3.2E + 04 |
3.2E + 03 |
|
100 |
3.6E + 03 |
6.0E + 05 |
1.1E + 03 |
3.6E + 03 |
3.6E + 04 |
3.6E + 03 |
|
105 |
4.0E + 03 |
6.8E + 05 |
1.2E + 03 |
4.0E + 03 |
4.0E + 04 |
4.0E + 03 |
|
110 |
4.6E + 03 |
7.8E + 05 |
1.4E + 03 |
4.6E + 03 |
4.6E + 04 |
4.6E + 03 |
|
115 |
5.4E + 03 |
1.6E + 03 |
8.6E + 05 |
5.4E + 03 |
5.4E + 04 |
5.4E + 03 |
|
120 |
6.0E + 03 |
1.0E + 06 |
1.8E + 03 |
6.0E + 03 |
6.0E + 04 |
6.0E + 03 |
Table I-B.-Tier I and Tier II Feed Rate and Emissions Screening Limits for Noncarcinogenic Metals for Facilities in Noncomplex Terrain
|
Terrain adjusted eff. stack ht. (m) |
Antimony (g/hr) |
Barium (g/hr) |
Lead (g/hr) |
Mercury (g/hr) |
Silver (g/hr) |
Thallium (g/hr) |
|
4 |
3.1E + 01 |
5.2E + 03 |
9.4E + 00 |
3.1E + 01 |
3.1E + 02 |
3.1E + 01 |
|
6 |
3.6E + 01 |
6.0E + 03 |
1.1E + 01 |
3.6E + 01 |
3.6E + 02 |
3.6E + 01 |
|
8 |
4.0E + 01 |
6.8E + 03 |
1.2E + 01 |
4.0E + 01 |
4.0E + 02 |
4.0E + 01 |
|
10 |
4.6E + 01 |
7.8E + 03 |
1.4E + 01 |
4.6E + 01 |
4.6E + 02 |
4.6E + 01 |
|
12 |
5.8E + 01 |
9.6E + 03 |
1.7E + 01 |
5.8E + 01 |
5.8E + 02 |
5.8E + 01 |
|
14 |
6.8E + 01 |
1.1E + 04 |
2.1E + 01 |
6.8E + 01 |
6.8E + 02 |
6.8E + 01 |
|
16 |
8.6E + 01 |
1.4E + 04 |
2.6E + 01 |
8.6E + 01 |
8.6E + 02 |
8.6E + 01 |
|
18 |
1.1E + 02 |
1.8E + 04 |
3.2E + 01 |
1.1E + 02 |
1.1E + 03 |
1.1E + 02 |
|
20 |
1.3E + 02 |
2.2E + 04 |
4.0E + 01 |
1.3E + 02 |
1.3E + 03 |
1.3E + 02 |
|
22 |
1.7E + 02 |
2.8E + 04 |
5.0E + 01 |
1.7E + 02 |
1.7E + 03 |
1.7E + 02 |
|
24 |
2.2E + 02 |
3.6E + 04 |
6.4E + 01 |
2.2E + 02 |
2.2E + 03 |
2.2E + 02 |
|
26 |
2.8E + 02 |
4.6E + 04 |
8.2E + 01 |
2.8E + 02 |
2.8E + 03 |
2.8E + 02 |
|
28 |
3.5E + 02 |
5.8E + 04 |
1.0E + 02 |
3.5E + 02 |
3.5E + 03 |
3.5E + 02 |
|
30 |
4.3E + 02 |
7.6E + 04 |
1.3E + 02 |
4.3E + 02 |
4.3E + 03 |
4.3E + 02 |
|
35 |
7.2E + 02 |
1.2E + 05 |
2.1E + 02 |
7.2E + 02 |
7.2E + 03 |
7.2E + 02 |
|
40 |
1.1E + 03 |
1.8E + 05 |
3.2E + 02 |
1.1E + 03 |
1.1E + 04 |
1.1E + 03 |
|
45 |
1.5E + 03 |
2.5E + 05 |
4.6E + 02 |
1.5E + 03 |
1.5E + 04 |
1.5E + 03 |
|
50 |
2.0E + 03 |
3.3E + 05 |
6.0E + 02 |
2.0E + 03 |
2.0E + 04 |
2.0E + 03 |
|
55 |
2.6E + 03 |
4.4E + 05 |
7.8E + 02 |
2.6E + 03 |
2.6E + 04 |
2.6E + 03 |
|
60 |
3.4E + 03 |
5.8E + 05 |
1.0E + 03 |
3.4E + 03 |
3.4E + 04 |
3.4E + 03 |
|
65 |
4.6E + 03 |
7.6E + 05 |
1.4E + 03 |
4.6E + 03 |
4.6E + 04 |
4.6E + 03 |
|
70 |
5 4E + 03 |
9 OE + 05 |
1 6E + 03 |
5 4E + 03 |
5 4E + 04 |
5 4E + 03 |
|
75 |
6 4E + 03 |
1 IE+ 06 |
1 9E + 03 |
6 4E + 03 |
6 4E + 04 |
6 4E + 03 |
|
80 |
7 6E + 03 |
1 3E + 06 |
2 3E + 03 |
7 6E + 03 |
7 6E + 04 |
7 6E + 03 |
|
85 |
9 4E + 03 |
1 5E + 06 |
2 8E + 03 |
9 4E + 03 |
9 4E + 04 |
9 4E + 03 |
|
90 |
1 IE + 04 |
1 8E + 06 |
3 3E + 03 |
1 IE + 04 |
1 lE + 05 |
1 IE + 04 |
|
95 |
1 3E + 04 |
2 2E + 06 |
3 9E + 03 |
1 3E + 04 |
1 3E + 05 |
1 3E + 04 |
|
100 |
1 5E + 04 |
2 6E + 06 |
4 6E + 03 |
1 5E + 04 |
1 5E + 05 |
1 5E + 04 |
|
105 |
1 8E + 04 |
3 OE + 06 |
5 4E + 03 |
1 8E + 04 |
1 8E + 05 |
1 8E + 04 |
|
110 |
2 2E + 04 |
3 6E + 06 |
6 6E + 03 |
2 2E + 04 |
2 2E + 05 |
2 2E + 04 |
|
115 |
2 6E + 04 |
4 4E + 06 |
7 8E + 03 |
2 6E + 04 |
2 6E + 05 |
2 6E + 04 |
|
120 |
3 IE + 04 |
5 OE + 06 |
9 2E + 03 |
3 IE + 04 |
3 IE+ 05 |
3 IE + 04 |
Table I-C.-Tier I and Tier II Feed Rate and Emissions Screening Limits for Noncarcinogenic Metals for Facilities in Complex Terrain
Values for urban and rural areas
|
Terrain adjusted eff. stack ht. (m) |
Antimony (g/hr) |
Barium (g/hr) |
Lead (g/hr) |
Mercury (g/hr) |
Silver (g/hr) |
Thallium (g/hr) |
|
4 |
1.4E + 01 |
2.4E + 03 |
4.3E + 00 |
1.4E + 01 |
1.4E + 02 |
1.4E + 01 |
|
6 |
2.1E + 01 |
3.5E + 03 |
6.2E + 00 |
2.1E + 01 |
2.1E + 02 |
2.1E + 01 |
|
8 |
3.0E + 01 |
5.0E + 03 |
9.2E + 00 |
3.0E + 01 |
3.0E + 02 |
3.0E + 01 |
|
10 |
4.3E + 01 |
7.6E + 03 |
1.3E + 01 |
4.3E + 01 |
4.3E + 02 |
4.3E + 01 |
|
12 |
5.4E + 01 |
9.0E + 03 |
1.7E + 01 |
5.4E + 01 |
5.4E + 02 |
5.4E + 01 |
|
14 |
6.8E + 01 |
l.lE + 04 |
2.0E + 01 |
6.8E + 01 |
6.8E + 02 |
6.8E + 01 |
|
16 |
7.8E + 01 |
1.3E + 04 |
2.4E + 01 |
7.8E + 01 |
7.8E + 02 |
7.8E + 01 |
|
18 |
8.6E + 01 |
1.4E + 04 |
2.6E + 01 |
8.6E + 01 |
8.6E + 02 |
8.6E + 01 |
|
20 |
9.6E + 01 |
1.6E + 04 |
2.9E + 01 |
9.6E + 01 |
9.6E + 02 |
9.6E + 01 |
|
22 |
l.OE + 02 |
1.8E + 04 |
3.2E + 01 |
l.OE + 02 |
l.OE + 03 |
l.OE + 02 |
|
24 |
1.2E + 02 |
1.9E + 04 |
3.5E + 01 |
1.2E + 02 |
1.2E + 03 |
1.2E + 02 |
|
26 |
1.3E + 02 |
2.2E + 04 |
3.6E + 01 |
1.3E + 02 |
1.3E + 03 |
1.3E + 02 |
|
28 |
1.4E + 02 |
2.4E + 04 |
4.3E + 01 |
1.4E + 02 |
1.4E + 03 |
1.4E + 02 |
|
30 |
1.6E + 02 |
2.7E + 04 |
4.6E + 01 |
1.6E + 02 |
1.6E + 03 |
1.6E + 02 |
|
35 |
2.0E + 02 |
3.3E + 04 |
5.8E + 01 |
2.0E + 02 |
2.0E + 03 |
2.0E + 02 |
|
40 |
2.4E + 02 |
4.0E + 04 |
7.2E + 01 |
2.4E + 02 |
2.4E + 03 |
2.4E + 02 |
|
45 |
3.0E + 02 |
5.0E + 04 |
9.0E + 01 |
3.0E + 02 |
3.0E + 03 |
3.0E + 02 |
|
50 |
3.6E + 02 |
6.0E + 04 |
1.1E + 02 |
3.6E + 02 |
3.6E + 03 |
3.6E + 02 |
|
55 |
4.6E + 02 |
7.6E + 04 |
1.4E + 02 |
4.6E + 02 |
4.6E + 03 |
4.6E + 02 |
|
60 |
5.8E + 02 |
9.4E + 04 |
1.7E + 02 |
5.8E + 02 |
5.8E + 03 |
5.8E + 02 |
|
65 |
6.8E + 02 |
1.1E + 05 |
2.1E + 02 |
6.8E + 02 |
6.8E + 03 |
6.8E + 02 |
|
70 |
7.8E + 02 |
1.3E + 05 |
2.4E + 02 |
7.8E + 02 |
7.8E + 03 |
7.8E + 02 |
|
75 |
8.6E + 02 |
1.4E + 05 |
2.6E + 02 |
8.6E + 02 |
8.6E + 03 |
8.6E + 02 |
|
80 |
9.6E + 02 |
1.6E + 05 |
2.9E + 02 |
9.6E + 02 |
9.6E + 03 |
9.6E + 02 |
|
85 |
1.1E + 03 |
1.8E + 05 |
3.3E + 02 |
1.1E + 03 |
1.1E + 04 |
1.1E + 03 |
|
90 |
1.2E + 03 |
2.0E + 05 |
3.6E + 02 |
1.2E + 03 |
1.2E + 04 |
1.2E + 03 |
|
95 |
1.4E + 03 |
2.3E + 05 |
4.0E + 02 |
1.4E + 03 |
1.4E + 04 |
1.4E + 03 |
|
100 |
1.5E + 03 |
2.6E + 05 |
4.6E + 02 |
1.5E + 03 |
1.5E + 04 |
1.5E + 03 |
|
105 |
1.7E + 03 |
2.8E + 05 |
5.0E + 02 |
1.7E + 03 |
1.7E + 04 |
1.7E + 03 |
|
110 |
1.9E + 03 |
3.2E + 05 |
5.8E + 02 |
1.9E + 03 |
1.9E + 04 |
1.9E + 03 |
|
115 |
2.1E + 03 |
3.6E + 05 |
6.4E + 02 |
2.1E + 03 |
2.1E + 04 |
2.1E + 03 |
|
120 |
2.4E + 03 |
4.0E + 05 |
7.2E + 02 |
2.4E + 03 |
2.4E + 04 |
2.4E + 03 |
Table I-D.-Tier I and Tier II Feed Rate and Emissions Screening Limits for Carcinogenic Metals for Facilities in Noncomplex Terrain
|
Values for use in urban areas |
Values for use in rural areas |
|||||||
|
Terrain adjusted |
Arsenic (g/hr) |
Cadmium (g/hr) |
Chromium (g/hr) |
Beryllium (g/hr) |
Arsenic (g/hr) |
Cadmium (g/hr) |
Chromium (g/hr) |
Beryllium (g/hr) |
|
eff. stack ht. (m) |
||||||||
|
4 |
4.6E-01 |
1.1E + 00 |
1.7E-01 |
8.2E-01 |
2.4E-01 |
5.8E-01 |
8.6E-02 |
4.3E-01 |
|
6 |
5.4E-01 |
1.3E + 00 |
1.9E-01 |
9.4E-01 |
2.8E-01 |
6.6E-01 |
1.0E-01 |
5.0E-01 |
|
8 |
6.0E-01 |
1.4E + 00 |
2.2E-01 |
1.1E + 00 |
3.2E-01 |
7.6E-01 |
1.1E-01 |
5.6E-01 |
|
10 |
6.8E-01 |
1.6E + 00 |
2.4E-01 |
1.2E + 00 |
3.6E-01 |
8.6E-01 |
1.3E-01 |
6.4E-01 |
|
12 |
7.6E-01 |
1.8E + 00 |
2.7E-01 |
1.4E + 00 |
4.3E-01 |
1.1E + 00 |
1.6E-01 |
7.8E-01 |
|
14 |
8.6E-01 |
2.1E + 00 |
3.1E-01 |
1.5E + 00 |
5.4E-01 |
1.3E + 00 |
2.0E-01 |
9.6E-01 |
|
16 |
9.6E-01 |
2.3E + 00 |
3.5E-01 |
1.7E + 00 |
6.8E-01 |
1.6E + 00 |
2.4E-01 |
1.2E + 00 |
|
18 |
1.1E + 00 |
2.6E + 00 |
4.0E-01 |
2.0E + 00 |
8.2E-01 |
2.0E + 00 |
3.0E-01 |
1.5E + 00 |
|
20 |
1.2E + 00 |
3.0E + 00 |
4.4E-01 |
2.2E + 00 |
1.0E + 00 |
2.5E + 00 |
3.7E-01 |
1.9E + 00 |
|
22 |
1.4E + 00 |
3.4E + 00 |
5.0E-01 |
2.5E + 00 |
1.3E + 00 |
3.2E + 00 |
4.8E-01 |
2.4E + 00 |
|
24 |
1.6E + 00 |
3.9E + 00 |
5.8E-01 |
2.8E + 00 |
1.7E + 00 |
4.0E + 00 |
6.0E-01 |
3.0E + 00 |
|
26 |
1.8E + 00 |
4.3E + 00 |
6.4E-01 |
3.2E + 00 |
2.1E + 00 |
5.0E + 00 |
7.6E-01 |
3.9E + 00 |
|
28 |
2.0E + 00 |
4.8E + 00 |
7.2E-01 |
3.6E + 00 |
2.7E + 00 |
6.4E + 00 |
9.8E-01 |
5.0E + 00 |
|
30 |
2.3E + 00 |
5.4E + 00 |
8.2E-01 |
4.0E + 00 |
3.5E + 00 |
8.2E + 00 |
1.2E + 00 |
6.2E + 00 |
|
35 |
3.0E + 00 |
6.8E + 00 |
1.0E + 00 |
5.4E + 00 |
5.4E + 00 |
1.3E + 01 |
1.9E + 00 |
9.6E + 00 |
|
40 |
3.6E + 00 |
9.0E + 00 |
1.3E + 00 |
6.8E + 00 |
8.2E + 00 |
2.0E + 01 |
3.0E + 00 |
1.5E + 01 |
|
45 |
4.6E + 00 |
1.1E + 01 |
1.7E + 00 |
8.6E + 00 |
1.1E + 01 |
2.8E + 01 |
4.2E + 00 |
2.1E + 01 |
|
50 |
6.0E + 00 |
1.4E + 01 |
2.2E + 00 |
1.1E + 01 |
1.5E + 01 |
3.7E + 01 |
5.4E + 00 |
2.8E + 01 |
|
55 |
7.6E + 00 |
1.8E + 01 |
2.7E + 00 |
1.4E + 01 |
2.0E + 01 |
5.0E + 01 |
7.2E + 00 |
3.6E + 01 |
|
60 |
9.4E + 00 |
2.2E + 01 |
3.4E + 00 |
1.7E + 01 |
2.7E + 01 |
6.4E + 01 |
9.6E + 00 |
4.8E + 01 |
|
65 |
1.1E + 01 |
2.8E + 01 |
4.2E + 00 |
2.1E + 01 |
3.6E + 01 |
8.6E + 01 |
1.3E + 01 |
6.4E + 01 |
|
70 |
1.3E + 01 |
3.1E + 01 |
4.6E + 00 |
2.4E + 01 |
4.3E + 01 |
1.0E + 02 |
1.5E + 01 |
7.6E + 01 |
|
75 |
1.5E + 01 |
3.6E + 01 |
5.4E + 00 |
2.7E + 01 |
5.0E + 01 |
1.2E + 02 |
1.8E + 01 |
9.0E + 01 |
|
80 |
1.7E + 01 |
4.0E + 01 |
6.0E + 00 |
3.0E + 01 |
6.0E + 01 |
1.4E + 02 |
2.2E + 01 |
1.1E + 02 |
|
85 |
1.9E + 01 |
4.6E + 01 |
6.8E + 00 |
3.4E + 01 |
7.2E + 01 |
1.7E + 02 |
2.6E + 01 |
1.3E + 02 |
|
90 |
2.2E + 01 |
5.0E + 01 |
7.8E + 00 |
3.9E + 01 |
8.6E + 01 |
2.0E + 02 |
3.0E + 01 |
1.5E + 02 |
|
95 |
2.5E + 01 |
5.8E + 01 |
9.0E + 00 |
4.4E + 01 |
1.0E + 02 |
2.4E + 02 |
3.6E + 01 |
1.8E + 02 |
|
100 |
2.8E + 01 |
6.8E + 01 |
1.0E + 01 |
5.0E + 01 |
1.2E + 02 |
2.9E + 02 |
4.3E + 01 |
2.2E + 02 |
|
105 |
3.2E + 01 |
7.6E + 01 |
1.1E + 01 |
5.6E + 01 |
1.4E + 02 |
3.4E + 02 |
5.0E + 01 |
2.6E + 02 |
|
110 |
3.6E + 01 |
8.6E + 01 |
1.3E + 01 |
6.4E + 01 |
1.7E + 02 |
4.0E + 02 |
6.0E + 01 |
3.0E + 02 |
|
115 |
4.0E + 01 |
9.6E + 01 |
1.5E + 01 |
7.2E + 01 |
2.0E + 02 |
4.8E + 02 |
7.2E + 01 |
3.6E + 02 |
|
120 |
4.6E + 01 |
1.1E + 02 |
1.7E + 01 |
8.2E + 01 |
2.4E + 02 |
5.8E + 02 |
8.6E + 01 |
4.3E + 02 |
Table I-E.-Tier I and Tier II Feed Rate and Emissions Screening Limits for Carcinogenic Metals for Facilities in Complex Terrain
|
Values for use in urban and rural areas |
||||
|
Terrain adjusted eff. stack ht. (m) |
Arsenic (g/hr) |
Cadmium (g/hr) |
Chromium (g/hr) |
Beryllium (g/hr) |
|
4 |
1.1E-01 |
2.6E-01 |
4.0E-02 |
2.0E-01 |
|
6 |
1.6E-01 |
3.9E-01 |
5.8E-02 |
2.9E-01 |
|
8 |
2.4E-01 |
5.8E-01 |
8.6E-02 |
4.3E-01 |
|
10 |
3.5E-01 |
8.2E-01 |
1.3E-01 |
6.2E-01 |
|
12 |
4.3E-01 |
1.0E + 00 |
1.5E-01 |
7.6E-01 |
|
14 |
5.0E-01 |
1.3E + 00 |
1.9E-01 |
9.4E-01 |
|
16 |
6.0E-01 |
1.4E + 00 |
2.2E-01 |
1.1E + 00 |
|
18 |
6.8E-01 |
1.6E + 00 |
2.4E-01 |
1.2E + 00 |
|
20 |
7.6E-01 |
1.8E + 00 |
2.7E-01 |
1.3E + 00 |
|
22 |
8.2E-01 |
1.9E + 00 |
3.0E-01 |
1.5E + 00 |
|
24 |
9.0E-01 |
2.1E + 00 |
3.3E-01 |
1.6E + 00 |
|
26 |
1.0E + 00 |
2.4E + 00 |
3.6E-01 |
1.8E + 00 |
|
28 |
1.1E + 00 |
2.7E + 00 |
4.0E-01 |
2.0E + 00 |
|
30 |
1.2E + 00 |
3.0E + 00 |
4.4E-01 |
2.2E + 00 |
|
35 |
1.5E + 00 |
3.7E + 00 |
5.4E-01 |
2.7E + 00 |
|
40 |
1.9E + 00 |
4.6E + 00 |
6.8E-01 |
3.4E + 00 |
|
45 |
2.4E + 00 |
5.4E + 00 |
8.4E-01 |
4.2E + 00 |
|
50 |
2.9E + 00 |
6.8E + 00 |
1.0E + 00 |
5.0E + 00 |
|
55 |
3.5E + 00 |
8.4E + 00 |
1.3E + 00 |
6.4E + 00 |
|
60 |
4.3E + 00 |
1.0E + 01 |
1.5E + 00 |
7.8E + 00 |
|
65 |
5.4E + 00 |
1.3E + 01 |
1.9E + 00 |
9.6E + 00 |
|
70 |
6.0E + 00 |
1.4E + 01 |
2.2E + 00 |
1.1E + 01 |
|
75 |
6.8E + 00 |
1.6E + 01 |
2.4E + 00 |
1.2E + 01 |
|
80 |
7.6E + 00 |
1.8E + 01 |
2.7E + 00 |
1.3E + 01 |
|
85 |
8.2E + 00 |
2.0E + 01 |
3.0E + 00 |
1.5E + 01 |
|
90 |
9.4E + 00 |
2.3E + 01 |
3.4E + 00 |
1.7E + 01 |
|
95 |
1.0E + 01 |
2.5E + 01 |
4.0E + 00 |
1.9E + 01 |
|
100 |
1.2E + 01 |
2.8E + 01 |
4.3E + 00 |
2.1E + 01 |
|
105 |
1.3E + 01 |
3.2E + 01 |
4.8E + 00 |
2.4E + 01 |
|
110 |
1.5E + 01 |
3.5E + 01 |
5.4E + 00 |
2.7E + 01 |
|
115 |
1.7E + 01 |
4.0E + 01 |
6.0E + 00 |
3.0E + 01 |
|
120 |
1.9E + 01 |
4.4E + 01 |
6.4E + 00 |
3.3E + 01 |
Appendix II-Tier I Feed Rate Screening Limits for Total Chlorine
|
Terrain-adjusted effective stack height (m) |
Noncomplex Terrain |
Complex Terrain |
|
|
Urban (g/hr) |
Rural (g/hr) |
(g/hr) |
|
|
4 |
8.2E + 01 |
4.2E + 01 |
1.9E + 01 |
|
6 |
9.1E + 01 |
4.8E + 01 |
2.8E + 01 |
|
8 |
1.0E + 02 |
5.3E + 01 |
4.1E + 01 |
|
10 |
1.2E + 02 |
6.2E + 01 |
5.8E + 01 |
|
12 |
1.3E + 02 |
7.7E + 01 |
7.2E + 01 |
|
14 |
1.5E + 02 |
9.1E + 01 |
9.1E + 01 |
|
16 |
1.7E + 02 |
1.2E + 02 |
1.1E + 02 |
|
18 |
1.9E + 02 |
1.4E + 02 |
1.2E + 02 |
|
20 |
2.1E + 02 |
1.8E + 02 |
1.3E + 02 |
|
22 |
2.4E + 02 |
2.3E + 02 |
1.4E + 02 |
|
24 |
2.7E + 02 |
2.9E + 02 |
1.6E + 02 |
|
26 |
3.1E + 02 |
3.7E + 02 |
1.7E + 02 |
|
28 |
3.5E + 02 |
4.7E + 02 |
1.9E + 02 |
|
30 |
3.9E + 02 |
5.8E + 02 |
2.1E + 02 |
|
35 |
5.3E + 02 |
9.6E + 02 |
2.6E + 02 |
|
40 |
6.2E + 02 |
1.4E + 03 |
3.3E + 02 |
|
45 |
8.2E + 02 |
2.0E + 03 |
4.0E + 02 |
|
50 |
1.1E + 03 |
2.6E + 03 |
4.8E + 02 |
|
55 |
1.3E + 03 |
3.5E + 03 |
6.2E + 02 |
|
60 |
1.6E + 03 |
4.6E + 03 |
7.7E + 02 |
|
65 |
2.0E + 03 |
6.2E + 03 |
9.1E + 02 |
|
70 |
2.3E + 03 |
7.2E + 03 |
1.1E + 03 |
|
75 |
2.5E + 03 |
8.6E + 03 |
1.2E + 03 |
|
80 |
2.9E + 03 |
1.0E + 04 |
1.3E + 03 |
|
85 |
3.3E + 03 |
1.2E + 04 |
1.4E + 03 |
|
90 |
3.7E + 03 |
1.4E + 04 |
1.6E + 03 |
|
95 |
4.2E + 03 |
1.7E + 04 |
1.8E + 03 |
|
100 |
4.8E + 03 |
2.1E + 04 |
2.0E + 03 |
|
105 |
5.3E + 03 |
2.4E + 04 |
2.3E + 03 |
|
110 |
6.2E + 03 |
2.9E + 04 |
2.5E + 03 |
|
115 |
7.2E + 03 |
3.5E + 04 |
2.8E + 03 |
|
120 |
8.2E + 03 |
4.1E + 04 |
3.2E + 03 |
Appendix III-Tier II Emission Rate Screening Limits for Free Chlorine and Hydrogen Chloride
|
Terrain-adjusted effective stack height (m) |
Noncomplex terrain |
Complex terrain |
||||
|
Values for urban areas |
Values for rural areas |
Values for use in urban and rural areas |
||||
|
Cl2 (g/hr) |
HCl (g/hr) |
Cl2 (g/hr) |
HCl (g/hr) |
Cl2 (g/hr) |
HCl (g/hr) |
|
|
4 |
8.2E + 01 |
1.4E + 03 |
4.2E + 01 |
7.3E + 02 |
1.9E + 01 |
3.3E + 02 |
|
6 |
9.1E + 01 |
1.6E + 03 |
4.8E + 01 |
8.3E + 02 |
2.8E + 01 |
4.9E + 02 |
|
8 |
1.0E + 02 |
1.8E + 03 |
5.3E + 01 |
9.2E + 02 |
4.1E + 01 |
7.1E + 02 |
|
10 |
1.2E + 02 |
2.0E + 03 |
6.2E + 01 |
1.1E + 03 |
5.8E + 01 |
1.0E + 03 |
|
12 |
1.3E + 02 |
2.3E + 03 |
7.7E + 01 |
1.3E + 03 |
7.2E + 01 |
1.3E + 03 |
|
14 |
1.5E + 02 |
2.6E + 03 |
9.1E + 01 |
1.6E + 03 |
9.1E + 01 |
1.6E + 03 |
|
16 |
1.7E + 02 |
2.9E + 03 |
1.2E + 02 |
2.0E + 03 |
1.1E + 02 |
1.8E + 03 |
|
18 |
1.9E + 02 |
3.3E + 03 |
1.4E + 02 |
2.5E + 03 |
1.2E + 02 |
2.0E + 03 |
|
20 |
2.1E + 02 |
3.7E + 03 |
1.8E + 02 |
3.1E + 03 |
1.3E + 02 |
2.3E + 03 |
|
22 |
2.4E + 02 |
4.2E + 03 |
2.3E + 02 |
3.9E + 03 |
1.4E + 02 |
2.4E + 03 |
|
24 |
2.7E + 02 |
4.8E + 03 |
2.9E + 02 |
5.0E + 03 |
1.6E + 02 |
2.8E + 03 |
|
26 |
3.1E + 02 |
5.4E + 03 |
3.7E + 02 |
6.5E + 03 |
1.7E + 02 |
3.0E + 03 |
|
28 |
3.5E + 02 |
6.0E + 03 |
4.7E + 02 |
8.1E + 03 |
1.9E + 02 |
3.4E + 03 |
|
30 |
3.9E + 02 |
6.9E + 03 |
5.8E + 02 |
1.0E + 04 |
2.1E + 02 |
3.7E + 03 |
|
35 |
5.3E + 02 |
9.2E + 03 |
9.6E + 02 |
1.7E + 04 |
2.6E + 02 |
4.6E + 03 |
|
40 |
6.2E + 02 |
1.1E + 04 |
1.4E + 03 |
2.5E + 04 |
3.3E + 02 |
5.7E + 03 |
|
45 |
8.2E + 02 |
1.4E + 04 |
2.0E + 03 |
3.5E + 04 |
4.0E + 02 |
7.0E + 03 |
|
50 |
1.1E + 03 |
1.8E + 04 |
2.6E + 03 |
4.6E + 04 |
4.8E + 02 |
8.4E + 03 |
|
55 |
1.3E + 03 |
2.3E + 04 |
3.5E + 03 |
6.1E + 04 |
6.2E + 02 |
1.1E + 04 |
|
60 |
1.6E + 03 |
2.9E + 04 |
4.6E + 03 |
8.1E + 04 |
7.7E + 02 |
1.3E + 04 |
|
65 |
2.0E + 03 |
3.4E + 04 |
6.2E + 03 |
1.1E + 05 |
9.1E + 02 |
1.6E + 04 |
|
70 |
2.3E + 03 |
3.9E + 04 |
7.2E + 03 |
1.3E + 05 |
1.1E + 03 |
1.8E + 04 |
|
75 |
2.5E + 03 |
4.5E + 04 |
8.6E + 03 |
1.5E + 05 |
1.2E + 03 |
2.0E + 04 |
|
80 |
2.9E + 03 |
5.0E + 04 |
1.0E + 04 |
1.8E + 05 |
1.3E + 03 |
2.3E + 04 |
|
85 |
3.3E + 03 |
5.8E + 04 |
1.2E + 04 |
2.2E + 05 |
1.4E + 03 |
2.5E + 04 |
|
90 |
3.7E + 03 |
6.6E + 04 |
1.4E + 04 |
2.5E + 05 |
1.6E + 03 |
2.9E + 04 |
|
95 |
4.2E + 03 |
7.4E + 04 |
1.7E + 04 |
3.0E + 05 |
1.8E + 03 |
3.2E + 04 |
|
100 |
4.8E + 03 |
8.4E + 04 |
2.1E + 04 |
3.6E + 05 |
2.0E + 03 |
3.5E + 04 |
|
105 |
5.3E + 03 |
9.2E + 04 |
2.4E + 04 |
4.3E + 05 |
2.3E + 03 |
3.9E + 04 |
|
110 |
6.2E + 03 |
1.1E + 05 |
2.9E + 04 |
5.1E + 05 |
2.5E + 03 |
4.5E + 04 |
|
115 |
7.2E + 03 |
1.3E + 05 |
3.5E + 04 |
6.1E + 05 |
2.8E + 03 |
5.0E + 04 |
|
120 |
8.2E + 03 |
1.4E + 05 |
4.1E + 04 |
7.2E + 05 |
3.2E + 03 |
5.6E + 04 |
Appendix IV-Reference Air Concentrations*
|
Constituent |
CAS No. |
RAC (ug/m3) |
|
Acetaldehyde |
75-07-0 |
10 |
|
Acetonitrile |
75-05-8 |
10 |
|
Acetophenone |
98-86-2 |
100 |
|
Acrolein |
107-02-8 |
20 |
|
Aldicarb |
116-06-3 |
1 |
|
Aluminum Phosphide |
20859-73-8 |
0.3 |
|
Allyl Alcohol |
107-18-6 |
5 |
|
Antimony |
7440-36-0 |
0.3 |
|
Barium |
7440-39-3 |
50 |
|
Barium Cyanide |
542-62-1 |
50 |
|
Bromomethane |
74-83-9 |
0.8 |
|
Calcium Cyanide |
592-01-8 |
30 |
|
Carbon Disulfide |
75-15-0 |
200 |
|
Chloral |
75-87-6 |
2 |
|
Chlorine (free) |
0.4 |
|
|
2-Chloro-1,3-butadiene |
126-99-8 |
3 |
|
Chromium III |
16065-83-1 |
1000 |
|
Copper Cyanide |
544-92-3 |
5 |
|
Cresols |
1319-77-3 |
50 |
|
Cumene |
98-82-8 |
1 |
|
Cyanide (free) |
57-12-15 |
20 |
|
Cyanogen |
460-19-5 |
30 |
|
Cyanogen Bromide |
506-68-3 |
80 |
|
Di-n-butyl Phthalate |
84-74-2 |
100 |
|
o-Dichlorobenzene |
95-50-1 |
10 |
|
p-Dichlorobenzene |
106-46-7 |
10 |
|
Dichlorodifluoromethane |
75-71-8 |
200 |
|
2,4-Dichlorophenol |
120-83-2 |
3 |
|
Diethyl Phthalate |
84-66-2 |
800 |
|
Dimethoate |
60-51-5 |
0.8 |
|
2,4-Dinitrophenol |
51-28-5 |
2 |
|
Dinoseb |
88-85-7 |
0.9 |
|
Diphenylamine |
122-39-4 |
20 |
|
Endosulfan |
115-29-1 |
0.05 |
|
Endrin |
72-20-8 |
0.3 |
|
Fluorine |
7782-41-4 |
50 |
|
Formic Acid |
64-18-6 |
2000 |
|
Glycidyaldehyde |
765-34-4 |
0.3 |
|
Hexachlorocyclopentadiene |
77-47-4 |
5 |
|
Hexachlorophene |
70-30-4 |
0.3 |
|
Hydrocyanic Acid |
74-90-8 |
20 |
|
Hydrogen Chloride |
7647-01-1 |
7 |
|
Hydrogen Sulfide |
7783-06-4 |
3 |
|
Isobutyl Alcohol |
78-83-1 |
300 |
|
Lead |
7439-92-1 |
0.09 |
|
Maleic Anhydride |
108-31-6 |
100 |
|
Mercury |
7439-97-6 |
0.3 |
|
Methacrylonitrile |
126-98-7 |
0.1 |
|
Methomyl |
16752-77-5 |
20 |
|
Methoxychlor |
72-43-5 |
50 |
|
Methyl Chlorocarbonate |
79-22-1 |
1000 |
|
Methyl Ethyl Ketone |
78-93-3 |
80 |
|
Methyl Parathion |
298-00-0 |
0.3 |
|
Nickel Cyanide |
557-19-7 |
20 |
|
Nitric Oxide |
10102-43-9 |
100 |
|
Nitrobenzene |
98-95-3 |
0.8 |
|
Pentachlorobenzene |
608-93-5 |
0.8 |
|
Pentachlorophenol |
87-86-5 |
30 |
|
Phenol |
108-95-2 |
30 |
|
M-Phenylenediamine |
108-45-2 |
5 |
|
Phenylmercuric Acetate |
62-38-4 |
0.075 |
|
Phosphine |
7803-51-2 |
0.3 |
|
Phthalic Anhydride |
85-44-9 |
2000 |
|
Potassium Cyanide |
151-50-8 |
50 |
|
Potassium Silver Cyanide |
506-61-6 |
200 |
|
Pyridine |
110-86-1 |
1 |
|
Selenious Acid |
7783-60-8 |
3 |
|
Selenourea |
630-10-4 |
5 |
|
Silver |
7440-22-4 |
3 |
|
Silver Cyanide |
506-64-9 |
100 |
|
Sodium Cyanide |
143-33-9 |
30 |
|
Strychnine |
57-24-9 |
0.3 |
|
1,2,4,5-Tetrachlorobenzene |
95-94-3 |
0.3 |
|
2,3,4,6-Tetrachlorophenol |
58-90-2 |
30 |
|
Tetraethyl Lead |
78-00-2 |
0.0001 |
|
Tetrahydrofuran |
109-99-9 |
10 |
|
Thallic Oxide |
1314-32-5 |
0.3 |
|
Thallium |
7440-28-0 |
0.5 |
|
Thallium (I) Acetate |
563-68-8 |
0.5 |
|
Thallium (I) Carbonate |
6533-73-9 |
0.3 |
|
Thallium (I) Chloride |
7791-12-0 |
0.3 |
|
Thallium (I) Nitrate |
10102-45-1 |
0.5 |
|
Thallium Selenite |
12039-52-0 |
0.5 |
|
Thallium (I) Sulfate |
7446-18-6 |
0.075 |
|
Thiram |
137-26-8 |
5 |
|
Toluene |
108-88-3 |
300 |
|
1,2,4-Trichlorobenzene |
120-82-1 |
20 |
|
Trichloromonofluoromethane |
75-69-4 |
300 |
|
2,4,5-Trichlorophenol |
95-95-4 |
100 |
|
Vanadium Pentoxide |
1314-62-1 |
20 |
|
Warfarin |
81-81-2 |
0.3 |
|
Xylenes |
1330-20-7 |
80 |
|
Zinc Cyanide |
557-21-1 |
50 |
|
Zinc Phosphide |
1314-84-7 |
0.3 |
FOOTNOTE: *The RAC for other appendix VIII Section 261constituents not listed herein or in appendix V of this part is 0.1 ug/m3.
Appendix V-Risk Specific Doses (10 -5)
|
Constituent |
CAS No. |
Unit risk (m3/µg) |
RsD (µg/m 3) |
|
Acrylamide |
79-06-1 |
1.3E-03 |
7.7E-03 |
|
Acrylonitrile |
107-13-1 |
6.8E-05 |
1.5E-01 |
|
Aldrin |
309-00-2 |
4.9E-03 |
2.0E-03 |
|
Aniline |
62-53-3 |
7.4E-06 |
1.4E + 00 |
|
Arsenic |
7440-38-2 |
4.3E-03 |
2.3E-03 |
|
Benz(a)anthracene |
56-55-3 |
8.9E-04 |
1.1E-02 |
|
Benzene |
71-43-2 |
8.3E-06 |
1.2E + 00 |
|
Benzidine |
92-87-5 |
6.7E-02 |
1.5E-04 |
|
Benzo(a)pyrene |
50-32-8 |
3.3E-03 |
3.0E-03 |
|
Beryllium |
7440-41-7 |
2.4E-03 |
4.2E-03 |
|
Bis(2-chloroethyl)ether |
111-44-4 |
3.3E-04 |
3.0E-02 |
|
Bis(chloromethyl)ether |
542-88-1 |
6.2E-02 |
1.6E-04 |
|
Bis(2-ethylhexyl)-phthalate |
117-81-7 |
2.4E-07 |
4.2E + 01 |
|
1,3-Butadiene |
106-99-0 |
2.8E-04 |
3.6E-02 |
|
Cadmium |
7440-43-9 |
1.8E-03 |
5.6E-03 |
|
Carbon Tetrachloride |
56-23-5 |
1.5E-05 |
6.7E-01 |
|
Chlordane |
57-74-9 |
3.7E-04 |
2.7E-02 |
|
Chloroform |
67-66-3 |
2.3E-05 |
4.3E-01 |
|
Chloromethane |
74-87-3 |
3.6E-06 |
2.8E + 00 |
|
Chromium VI |
7440-47-3 |
1.2E-02 |
8.3E-04 |
|
DDT |
50-29-3 |
9.7E-05 |
1.0E-01 |
|
Dibenz(a,h)anthracene |
53-70-3 |
1.4E-02 |
7.1E-04 |
|
1,2-Dibromo-3-chloropropane |
96-12-8 |
6.3E-03 |
1.6E-03 |
|
1,2-Dibromoethane |
106-93-4 |
2.2E-04 |
4.5E-02 |
|
1,1-Dichloroethane |
75-34-3 |
2.6E-05 |
3.8E-01 |
|
1,2-Dichloroethane |
107-06-2 |
2.6E-05 |
3.8E-01 |
|
1,1-Dichloroethylene |
75-35-4 |
5.0E-05 |
2.0E-01 |
|
1,3-Dichloropropene |
542-75-6 |
3.5E-01 |
2.9E-05 |
|
Dieldrin |
60-57-1 |
4.6E-03 |
2.2E-03 |
|
Diethylstilbestrol |
56-53-1 |
1.4E-01 |
7.1E-05 |
|
Dimethylnitrosamine |
62-75-9 |
1.4E-02 |
7.1E-04 |
|
2,4-Dinitrotoluene |
121-14-2 |
8.8E-05 |
1.1E-01 |
|
1,2-Diphenylhydrazine |
122-66-7 |
2.2E-04 |
4.5E-02 |
|
1,4-Dioxane |
123-91-1 |
1.4E-06 |
7.1E + 00 |
|
Epichlorohydrin |
106-89-8 |
1.2E-06 |
8.3E + 00 |
|
Ethylene Oxide |
75-21-8 |
1.0E-04 |
1.0E-01 |
|
Ethylene Dibromide |
106-93-4 |
2.2E-04 |
4.5E-02 |
|
Formaldehyde |
50-00-0 |
1.3E-05 |
7.7E-01 |
|
Heptachlor |
76-44-8 |
1.3E-03 |
7.7E-03 |
|
Heptachlor Epoxide |
1024-57-3 |
2.6E-03 |
3.8E-03 |
|
Hexachlorobenzene |
118-74-1 |
4.9E-04 |
2.0E-02 |
|
Hexachlorobutadiene |
87-68-3 |
2.0E-05 |
5.0E-01 |
|
Alpha-hexachloro-cyclohexane |
319-84-6 |
1.8E-03 |
5.6E-03 |
|
Beta-hexachloro-cyclohexane |
319-85-7 |
5.3E-04 |
1.9E-02 |
|
Gamma-hexachloro-cyclohexane |
58-89-9 |
3.8E-04 |
2.6E-02 |
|
Hexachlorocyclo-hexane, Technical |
5.1E-04 |
2.0E-02 |
|
|
Hexachlorodibenzo-p-dioxin(1,2 Mixture) |
1.3E + 0 |
7.7E-06 |
|
|
Hexachloroethane |
67-72-1 |
4.0E-06 |
2.5E + 00 |
|
Hydrazine |
302-01-2 |
2.9E-03 |
3.4E-03 |
|
Hydrazine Sulfate |
302-01-2 |
2.9E-03 |
3.4E-03 |
|
3-Methylcholanthrene |
56-49-5 |
2.7E-03 |
3.7E-03 |
|
Methyl Hydrazine |
60-34-4 |
3.1E-04 |
3.2E-02 |
|
Methylene Chloride |
75-09-2 |
4.1E-06 |
2.4E + 00 |
|
4,4'-Methylene-bis-2-chloroaniline |
101-14-4 |
4.7E-05 |
2.1E-01 |
|
Nickel |
7440-02-0 |
2.4E-04 |
4.2E-02 |
|
Nickel Refinery Dust |
7440-02-0 |
2.4E-04 |
4.2E-02 |
|
Nickel Subsulfide |
12035-72-2 |
4.8E-04 |
2.1E-02 |
|
2-Nitropropane |
79-46-9 |
2.7E-02 |
3.7E-04 |
|
N-Nitroso-n-butylamine |
924-16-3 |
1.6E-03 |
6.3E-03 |
|
N-Nitroso-n-methylurea |
684-93-5 |
8.6E-02 |
1.2E-04 |
|
N-Nitrosodiethylamine |
55-18-5 |
4.3E-02 |
2.3E-04 |
|
N-Nitrosopyrrolidine |
930-55-2 |
6.1E-04 |
1.6E-02 |
|
Pentachloronitrobenzene |
82-68-8 |
7.3E-05 |
1.4E-01 |
|
PCBs |
1336-36-3 |
1.2E-03 |
8.3E-03 |
|
Pronamide |
23950-58-5 |
4.6E-06 |
2.2E + 00 |
|
Reserpine |
50-55-5 |
3.0E-03 |
3.3E-03 |
|
2,3,7,8-Tetrachloro-dibenzo-p-dioxin |
1746-01-6 |
4.5E + 01 |
2.2E-07 |
|
1,1,2,2-Tetrachloroethane |
79-34-5 |
5.8E-05 |
1.7E-01 |
|
Tetrachloroethylene |
127-18-4 |
4.8E-07 |
2.1E + 01 |
|
Thiourea |
62-56-6 |
5.5E-04 |
1.8E-02 |
|
1,1,2-Trichloroethane |
79-00-5 |
1.6E-05 |
6.3E-01 |
|
Trichloroethylene |
79-01-6 |
1.3E-06 |
7.7E + 00 |
|
2,4,6-Trichlorophenol |
88-06-2 |
5.7E-06 |
1.8E + 00 |
|
Toxaphene |
8001-35-2 |
3.2E-04 |
3.1E-02 |
|
Vinyl Chloride |
75-01-4 |
7.1E-06 |
1.4E + 00 |
Appendix VI-Stack Plume Rise
[Estimated Plume Rise (in Meters) Based on Stack Exit Flow Rate and Gas Temperature]
|
Flow rate (m3/s) |
Exhaust Temperature (K°) |
||||||||||
|
<325 |
325-349 |
350-399 |
400-449 |
450-499 |
500-599 |
600-699 |
700-799 |
800-999 |
1000-1499 |
>1499 |
|
|
<0.5 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
0.5-0.9 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
1 |
1 |
1 |
|
1.0-1.9 |
0 |
0 |
0 |
0 |
1 |
1 |
2 |
3 |
3 |
3 |
4 |
|
2.0-2.9 |
0 |
0 |
1 |
3 |
4 |
4 |
6 |
6 |
7 |
8 |
9 |
|
3.0-3.9 |
0 |
1 |
2 |
5 |
6 |
7 |
9 |
10 |
11 |
12 |
13 |
|
4.0-4.9 |
1 |
2 |
4 |
6 |
8 |
10 |
12 |
13 |
14 |
15 |
17 |
|
5.0-7.4 |
2 |
3 |
5 |
8 |
10 |
12 |
14 |
16 |
17 |
19 |
21 |
|
7.5-9.9 |
3 |
5 |
8 |
12 |
15 |
17 |
20 |
22 |
22 |
23 |
24 |
|
10.0-12.4 |
4 |
6 |
10 |
15 |
19 |
21 |
23 |
24 |
25 |
26 |
27 |
|
12.5-14.9 |
4 |
7 |
12 |
18 |
22 |
23 |
25 |
26 |
27 |
28 |
29 |
|
15.0-19.9 |
5 |
8 |
13 |
20 |
23 |
24 |
26 |
27 |
28 |
29 |
31 |
|
20.0-24.9 |
6 |
10 |
17 |
23 |
25 |
27 |
29 |
30 |
31 |
32 |
34 |
|
25.0-29.9 |
7 |
12 |
20 |
25 |
27 |
29 |
31 |
32 |
33 |
35 |
36 |
|
30.0-34.9 |
8 |
14 |
22 |
26 |
29 |
31 |
33 |
35 |
36 |
37 |
39 |
|
35.0-39.9 |
9 |
16 |
23 |
28 |
30 |
32 |
35 |
36 |
37 |
39 |
41 |
|
40.0-49.9 |
10 |
17 |
24 |
29 |
32 |
34 |
36 |
38 |
39 |
41 |
42 |
|
50.0-59.9 |
12 |
21 |
26 |
31 |
34 |
36 |
39 |
41 |
42 |
44 |
46 |
|
60.0-69.9 |
14 |
22 |
27 |
33 |
36 |
39 |
42 |
43 |
45 |
47 |
49 |
|
70.0-79.9 |
16 |
23 |
29 |
35 |
38 |
41 |
44 |
46 |
47 |
49 |
51 |
|
80.0-89.9 |
17 |
25 |
30 |
36 |
40 |
42 |
46 |
48 |
49 |
51 |
54 |
|
90.0-99.9 |
19 |
26 |
31 |
38 |
42 |
44 |
48 |
50 |
51 |
53 |
56 |
|
100.0-119.9 |
21 |
26 |
32 |
39 |
43 |
46 |
49 |
52 |
53 |
55 |
58 |
|
120.0-139.9 |
22 |
28 |
35 |
42 |
46 |
49 |
52 |
55 |
56 |
59 |
61 |
|
140.0-159.9 |
23 |
30 |
36 |
44 |
48 |
51 |
55 |
58 |
59 |
62 |
65 |
|
160.0-179.9 |
25 |
31 |
38 |
46 |
50 |
54 |
58 |
60 |
62 |
65 |
67 |
|
180.0-199.9 |
26 |
32 |
40 |
48 |
52 |
56 |
60 |
63 |
65 |
67 |
70 |
|
>199.9 |
26 |
33 |
41 |
49 |
54 |
58 |
62 |
65 |
67 |
69 |
73 |
Appendix VII-Health-Based Limits for Exclusion of Waste-Derived Residues* Metals-TCLP Extract Concentration Limits
|
Constituent |
CAS No. |
Concentration limits (mg/L) |
|
Antimony |
7440-36-0 |
1xE + 00 |
|
Arsenic |
7440-38-2 |
5xE + 00 |
|
Barium |
7440-39-3 |
1xE + 02 |
|
Beryllium |
7440-41-7 |
7xE-03 |
|
Cadmium |
7440-43-9 |
1xE + 00 |
|
Chromium |
7440-47-3 |
5xE + 00 |
|
Lead |
7439-92-1 |
5xE + 00 |
|
Mercury |
7439-97-6 |
2xE-01 |
|
Nickel |
7440-02-0 |
7xE + 01 |
|
Selenium |
7782-49-2 |
1xE + 00 |
|
Silver |
7440-22-4 |
5xE + 00 |
|
Thallium |
7440-28-0 |
7xE + 00 |
Nonmetals-Residue Concentration Limits
|
Constituent |
CAS No. |
Concentration limits for residues (mg/kg) |
|
Acetonitrile |
75-05-8 |
2xE-01 |
|
Acetophenone |
98-86-2 |
4xE + 00 |
|
Acrolein |
107-02-8 |
5xE-01 |
|
Acrylamide |
79-06-1 |
2xE-04 |
|
Acrylonitrile |
107-13-1 |
7xE-04 |
|
Aldrin |
309-00-2 |
2xE-05 |
|
Allyl alcohol |
107-18-6 |
2xE-01 |
|
Aluminum phosphide |
20859-73-8 |
1xE-02 |
|
Aniline |
62-53-3 |
6xE-02 |
|
Barium cyanide |
542-62-1 |
1xE + 00 |
|
Benz(a)anthracene |
56-55-3 |
1xE-04 |
|
Benzene |
71-43-2 |
5xE-03 |
|
Benzidine |
92-87-5 |
1xE-06 |
|
Bis(2-chloroethyl) ether |
111-44-4 |
3xE-04 |
|
Bis(chloromethyl) ether |
542-88-1 |
2xE-06 |
|
Bis(2-ethylhexyl) phthalate |
117-81-7 |
3xE + 01 |
|
Bromoform |
75-25-2 |
7xE-01 |
|
Calcium cyanide |
592-01-8 |
1xE-06 |
|
Carbon disulfide |
75-15-0 |
4xE + 00 |
|
Carbon tetrachloride |
56-23-5 |
5xE-03 |
|
Chlordane |
57-74-9 |
3xE-04 |
|
Chlorobenzene |
108-90-7 |
1xE + 00 |
|
Chloroform |
67-66-3 |
6xE-02 |
|
Copper cyanide |
544-92-3 |
2xE-01 |
|
Cresols (Cresylic acid) |
1319-77-3 |
2xE + 00 |
|
Cyanogen |
460-19-5 |
1xE + 00 |
|
DDT |
50-29-3 |
1xE-03 |
|
Dibenz(a, h)-anthracene |
53-70-3 |
7xE-06 |
|
1,2-Dibromo-3-chloropropane |
96-12-8 |
2xE-05 |
|
p-Dichlorobenzene |
106-46-7 |
7.5xE-02 |
|
Dichlorodifluoromethane |
75-71-8 |
7xE + 00 |
|
1,1-Dichloroethylene |
75-35-4 |
5xE-03 |
|
2,4-Dichlorophenol |
120-83-2 |
1xE-01 |
|
1,3-Dichloropropene |
542-75-6 |
1xE-03 |
|
Dieldrin |
60-57-1 |
2xE-05 |
|
Diethyl phthalate |
84-66-2 |
3xE + 01 |
|
Diethylstilbesterol |
56-53-1 |
7xE-07 |
|
Dimethoate |
60-51-5 |
3xE-02 |
|
2,4-Dinitrotoluene |
121-14-2 |
5xE-04 |
|
Diphenylamine |
122-39-4 |
9xE-01 |
|
1,2-Diphenylhydrazine |
122-66-7 |
5xE-04 |
|
Endosulfan |
115-29-7 |
2xE-03 |
|
Endrin |
72-20-8 |
2xE-04 |
|
Epichlorohydrin |
106-89-8 |
4xE-02 |
|
Ethylene dibromide |
106-93-4 |
4xE-07 |
|
Ethylene oxide |
75-21-8 |
3xE-04 |
|
Fluorine |
7782-41-4 |
4xE + 00 |
|
Formic acid |
64-18-6 |
7xE + 01 |
|
Heptachlor |
76-44-8 |
8xE-05 |
|
Heptachlor epoxide |
1024-57-3 |
4xE-05 |
|
Hexachlorobenzene |
118-74-1 |
2xE-04 |
|
Hexachlorobutadiene |
87-68-3 |
5xE-03 |
|
Hexachlorocyclopentadiene |
77-47-4 |
2xE-01 |
|
Hexachlorodibenzo-p-dioxins |
19408-74-3 |
6xE-08 |
|
Hexachloroethane |
67-72-1 |
3xE-02 |
|
Hydrazine |
302-01-1 |
1xE-04 |
|
Hydrogen cyanide |
74-90-8 |
7xE-05 |
|
Hydrogen sulfide |
7783-06-4 |
1xE-06 |
|
Isobutyl alcohol |
78-83-1 |
1xE + 01 |
|
Methomyl |
16752-77-5 |
1xE + 00 |
|
Methoxychlor |
72-43-5 |
1xE-01 |
|
3-Methylcholanthrene |
56-49-5 |
4xE-05 |
|
4,4'-Methylenebis (2-chloroaniline) |
101-14-4 |
2xE-03 |
|
Methylene chloride |
75-09-2 |
5xE-02 |
|
Methyl ethyl ketone (MEK) |
78-93-3 |
2xE + 00 |
|
Methyl hydrazine |
60-34-4 |
3xE-04 |
|
Methyl parathion |
298-00-0 |
2xE-02 |
|
Naphthalene |
91-20-3 |
1xE + 01 |
|
Nickel cyanide |
557-19-7 |
7xE-01 |
|
Nitric oxide |
10102-43-9 |
4xE + 00 |
|
Nitrobenzene |
98-95-3 |
2xE-02 |
|
N-Nitrosodi-n-butylamine |
924-16-3 |
6xE-05 |
|
N-Nitrosodiethylamine |
55-18-5 |
2xE-06 |
|
N-Nitroso-N-methylurea |
684-93-5 |
1xE-07 |
|
N-Nitrosopyrrolidine |
930-55-2 |
2xE-04 |
|
Pentachlorobenzene |
608-93-5 |
3xE-02 |
|
Pentachloronitrobenzene (PCNB) |
82-68-8 |
1xE-01 |
|
Pentachlorophenol |
87-86-5 |
1xE + 00 |
|
Phenol |
108-95-2 |
1xE + 00 |
|
Phenylmercury acetate |
62-38-4 |
3xE-03 |
|
Phosphine |
7803-51-2 |
1xE-02 |
|
Polychlorinated biphenyls, N.O.S |
1336-36-3 |
5xE-05 |
|
Potassium cyanide |
151-50-8 |
2xE + 00 |
|
Potassium silver cyanide |
506-61-6 |
7xE + 00 |
|
Pronamide |
23950-58-5 |
3xE + 00 |
|
Pyridine |
110-86-1 |
4xE-02 |
|
Reserpine |
50-55-5 |
3xE-05 |
|
Selenourea |
630-10-4 |
2xE-01 |
|
Silver cyanide |
506-64-9 |
4xE + 00 |
|
Sodium cyanide |
143-33-9 |
1xE + 00 |
|
Strychnine |
57-24-9 |
1xE-02 |
|
1,2,4,5-Tetrachlorobenzene |
95-94-3 |
1xE-02 |
|
1,1,2,2-tetrachloroethane |
79-34-5 |
2xE-03 |
|
Tetrachloroethylene |
127-18-4 |
7xE-01 |
|
2,3,4,6-Tetrachlorophenol |
58-90-2 |
1xE-02 |
|
Tetraethyl lead |
78-00-2 |
4xE-06 |
|
Thiourea |
62-56-6 |
2xE-04 |
|
Toluene |
108-88-3 |
1xE + 01 |
|
Toxaphene |
8001-35-2 |
5xE-03 |
|
1,1,2-Trichloroethane |
79-00-5 |
6xE-03 |
|
Trichloroethylene |
79-01-6 |
5xE-03 |
|
Trichloromonofluoromethane |
75-69-4 |
1xE + 01 |
|
2,4,5-Trichlorophenol |
95-95-4 |
4xE + 00 |
|
2,4,6-Trichlorophenol |
88-06-2 |
4xE + 00 |
|
Vanadium pentoxide |
1314-62-1 |
7xE-01 |
|
Vinyl chloride |
75-01-4 |
2xE-03 |
*Note: The health-based concentration limits for Appendix VIII, Section 261 constituents for which a health-based concentration is not provided below is 2xE-06 mg/kg.
Appendix VIII-Potential PICs for Determination of Exclusion of Waste-Derived Residues PICs Found in Stack Effluents
|
Volatiles |
Semivolatiles |
|
Benzene |
Bis(2-ethylhexyl)phthalate |
|
Toluene |
Naphthalene |
|
Carbon tetrachloride |
Phenol |
|
Chloroform |
Diethyl phthalate |
|
Methylene chloride |
Butyl benzyl phthalate |
|
Trichloroethylene |
2,4-Dimethylphenol |
|
Tetra chloroethylene |
o-Dichlorobenzene |
|
1,1,1-Trichloroethane |
m-Dichlorobenzene |
|
Chlorobenzene |
p-Dichlorobenzene |
|
cis-1,4-Dichloro-2-butene |
Hexachlorobenzene |
|
Bromochloromethane |
2,4,6-Trichlorophenol |
|
Bromodichloromethane |
Fluoranthene |
|
Bromoform |
o-Nitrophenol |
|
Bromomethane |
1,2,4-Trichlorobenzene |
|
Methylene bromide |
o-Chlorophenol |
|
Methyl ethyl ketone |
Pentachlorophenol Pyrene Dimethyl phthalate Mononitrobenzene 2,6-Toluene diisocyanate Polychlorinated dibenzo-p-dioxins1 Polychlorinated dibenzo-furans1 |
1 Analyses for polychlorinated dibenzo-pdioxins and polychlorinated dibenzo-furans are required only for residues collected from areas downstream of the combustion chamber ( e.g., ductwork, boiler tubes, heat exchange surfaces, air pollution control devices, etc.).
APPENDIX IX. - METHODS MANUAL FOR COMPLIANCE WITH THE BIF REGULATIONS
This appendix is incorporated by reference from 40 CFR Part 266, Appendix IX. Please refer to this document, or you may obtain a copy of this manual from the DEQ Hazardous Waste Division, (501) 682-0833 or via the BBS service at (501) 682-0563.
APPENDIX X. - GUIDELINE ON AIR QUALITY MODELS
This appendix has been deleted by a revised Federal ruling at 58 FR 38816, July 20, 1993. Please refer to Appendix W of 40 CFR Part 51 (Guideline on Air Quality Models (Revised) (1986)) and its supplements for detailed information regarding air modeling for compliance with the requirements of this Section. A copy of this manual may be obtained from the DEQ Hazardous Waste Division, (501) 682-0833, or via the BBS service at (501) 682-0563.
APPENDIX XI.-LEAD-BEARING MATERIALS THAT MAY BE PROCESSED IN EXEMPT LEAD SMELTERS
A.
Exempt Lead-Bearing Materials When Generated or Originally Produced By
Lead-Associated Industries1
Acid dump/fill solids
Sump mud
Materials from laboratory analyses
Acid filters
Baghouse bags
Clothing (e.g., coveralls, aprons, shoes, hats, gloves)
Sweepings
Air filter bags and cartridges
Respiratory cartridge filters
Shop abrasives
Stacking boards
Waste shipping containers (e.g., cartons, bags, drums, cardboard)
Paper hand towels
Wiping rags and sponges
Contaminated pallets
Water treatment sludges, filter cakes, residues, and solids
Emission control dusts, sludges, filter cakes, residues, and solids from lead-associated industries (e.g., K069 and D008 wastes)
Spent grids, posts, and separators
Spent batteries
Lead oxide and lead oxide residues
Lead plates and groups
Spent battery cases, covers, and vents
Pasting belts
Water filter media
Cheesecloth from pasting rollers
Pasting additive bags
Asphalt paving materials
B. Exempt Lead-Bearing Materials When
Generated or Originally Produced By Any Industry
Charging jumpers and clips
Platen abrasive
Fluff from lead wire and cable casings
Lead-based pigments and compounding pigment dust
1. Lead-associated industries are lead
smelters, lead- acid battery manufacturing, and lead chemical manufacturing
(e.g., manufacturing of lead oxide or other lead compounds).
APPENDIX XII.-NICKEL OR CHROMIUM-BEARING MATERIALS THAT MAY BE PROCESSED IN EXEMPT NICKEL-CHROMIUM RECOVERY FURNACES
A. Exempt Nickel or Chromium-Bearing
Materials when Generated by Manufacturers or Users of Nickel, Chromium, or Iron
Baghouse bags
Raney nickel catalyst
Floor sweepings
Air filters
Electroplating bath filters
Wastewater filter media
Wood pallets
Disposable clothing (coveralls, aprons, hats, gloves)
Laboratory samples and spent chemicals
Shipping containers and plastic liners from containers or vehicles used to transport nickel or chromium-containing wastes
Respirator
Appendix XIII to Section 266 - Mercury Bearing Wastes That May Be Processed in Exempt Mercury Recovery Units
These are exempt mercury-bearing materials with less than 500 ppm of Section 261, appendix VIII organic constituents when generated by manufacturers or users of mercury or mercury products.
1. Activated carbon
2. Decomposer graphite
3. Wood
4. Paper
5. Protective clothing
6. Sweepings
7. Respiratory cartridge filters
8. Cleanup articles
9. Plastic bags and other contaminated
containers
10. Laboratory and
process control samples
11. K106
and other wastewater treatment plant sludge and filter cake
12. Mercury cell sump and tank
sludge
13. Mercury cell process
solids
14. Recoverable levels of
mercury contained in
soil
Section 267
- STANDARDS FOR OWNERS AND
OPERATORS OF HAZARDOUS WASTE FACILITIES OPERATING UNDER A STANDARDIZED
PERMIT
Subsection A
--
General
§ 267.1
What are the
purpose, scope and applicability of this section?
(a) The purpose of this section is to
establish minimum national standards which define the acceptable management of
hazardous waste under a Section 270, subsection J standardized
permit.
(b) This section applies to
owners and operators of facilities who treat or store hazardous waste under a
Section 270, subsection J standardized permit, except as provided otherwise in
Section 261, subsection A, or Section 264.1(f) and (g) of this Rule.
§ 267.2
What is the
relationship to interim status standards?
If you are a facility owner or operator who has fully complied with the requirements for interim status-as defined in Section 3005(e) of RCRA and Section 270.70 of this rule-you must comply with the rules specified in Section 265 of this Rule instead of the rules in this section, until final administrative disposition of the standardized permit application is made, except as provided under Section 264, subsection S.
§ 267.3
How does this section
affect an imminent hazard action?
Notwithstanding any other provisions of this section, enforcement actions may be brought pursuant to section 7003 of RCRA.
Subsection B
--
General Facility Standards
§
267.10
Does this subsection apply to me?
This subsection applies to you if you own or operate a facility that treats or stores hazardous waste under a Section 270, subsection J standardized permit, except as provided in § 267.1(b) of this Rule.
§ 267.11
What must I do to comply with this subsection?
To comply with this subsection, you must obtain an EPA identification number, and follow the requirements below for waste analysis, security, inspections, training, special waste handling, and location standards.
§ 267.12
How do I obtain an EPA identification number
You must apply to the Division for an EPA identification number following the current notification procedures and using forms as provided by the Division. You may obtain these forms by contacting the Division, or from the DEQ web site at http://www.adeq.state.ar.us
§ 267.13
What are my
waste analysis requirements?
(a) Before
you treat or store any hazardous wastes, you must obtain a detailed chemical
and physical analysis of a representative sample of the wastes. At a minimum,
the analysis must contain all the information needed to treat or store the
waste to comply with this section and Section 268 of this Rule.
(1) You may include data in the analysis that
was developed under Section 261, and published or documented data on the
hazardous waste or on hazardous waste generated from similar
processes.
(2) You must repeat the
analysis as necessary to ensure that it is accurate and up to date. At a
minimum, you must repeat the analysis if the process or operation generating
the hazardous wastes has changed.
(b) You must develop and follow a written
waste analysis plan that describes the procedures you will follow to comply
with paragraph (a) of this section. You must keep this plan at the facility. If
you receive wastes generated from off-site, and are eligible for a standardized
permit, you also must have submitted the waste analysis plan with the Notice of
Intent. At a minimum, the plan must specify all of the following:
(1) The hazardous waste parameters that you
will analyze and the rationale for selecting these parameters (that is, how
analysis for these parameters will provide sufficient information on the
waste's properties to comply with paragraph (a) of this section).
(2) The test methods you will use to test for
these parameters.
(3) The sampling
method you will use to obtain a representative sample of the waste to be
analyzed. You may obtain a representative sample using either:
(i) One of the sampling methods described in
appendix I of Section 261; or
(ii)
An equivalent sampling method.
(4) How frequently you will review or repeat
the initial analysis of the waste to ensure that the analysis is accurate and
up to date.
(5) Where applicable,
the methods you will use to meet the additional waste analysis requirements for
specific waste management methods as specified in §§ 264.17,
264.1034(d), 264.1063(d), and 264.1083.
§ 267.14
What are my security
requirements?
(a) You must prevent,
and minimize the possibility for, livestock and unauthorized people from
entering the active portion of your facility.
(b) Your facility must have:
(1) A 24-hour surveillance system (for
example, television monitoring or surveillance by guards or facility personnel)
that continuously monitors and controls entry onto the active portion of the
facility; or
(2) An artificial or
natural barrier (for example, a fence in good repair or a fence combined with a
cliff) that completely surrounds the active portion of the facility;
and
(3) A means to control entry,
at all times, through the gates or other entrances to the active portion of the
facility (for example, an attendant, television monitors, locked entrance, or
controlled roadway access to the facility).
(c) You must post a sign at each entrance to
the active portion of a facility, and at other prominent locations, in
sufficient numbers to be seen from any approach to this active portion. The
sign must bear the legend ''Danger-Unauthorized Personnel Keep Out.'' The
legend must be in English and in any other language predominant in the area
surrounding the facility (for example, facilities in counties bordering the
Canadian province of Quebec must post signs in French, and facilities in
counties bordering Mexico must post signs in Spanish), and must be legible from
a distance of at least 25 feet. You may use existing signs with a legend other
than ''Danger- Unauthorized Personnel Keep Out'' if the legend on the sign
indicates that only authorized personnel are allowed to enter the active
portion, and that entry onto the active portion can be dangerous.
§ 267.15
What are my
general inspection requirements?
(a)
You must inspect your facility for malfunctions and deterioration, operator
errors, and discharges that may be causing, or may lead to:
(1) Release of hazardous waste constituents
to the environment; or
(2) A threat
to human health. You must conduct these inspections often enough to identify
problems in time to correct them before they result in harm to human health or
the environment.
(b) You
must develop and follow a written schedule for inspecting, monitoring
equipment, safety and emergency equipment, security devices, and operating and
structural equipment (such as dikes and sump pumps) that are important to
preventing, detecting, or responding to environmental or human health hazards.
(1) You must keep this schedule at the
facility.
(2) The schedule must
identify the equipment and devices you will inspect and what problems you look
for, such as malfunctions or deterioration of equipment (for example,
inoperative sump pump, leaking fitting, etc.).
(3) The frequency of your inspections may
vary for the items on the schedule. However, the frequency should be based on
the rate of deterioration of the equipment and the probability of an
environmental or human health incident if the deterioration, malfunction, or
any operator error goes undetected between inspections. Areas subject to
spills, such as loading and unloading areas, must be inspected daily when in
use. At a minimum, the inspection schedule must include the items and
frequencies required in §§ 267.174, 267.193, 267.195, 267.1103, and
§§ 264.1033, 264.1052, 264.1053, 264.1058, and 264.1083 through
264.1089, where applicable.
(c) You must remedy any deterioration or
malfunction of equipment or structures that the inspection reveals in time to
prevent any environmental or human health hazard. Where a hazard is imminent or
has already occurred, you must take remedial action immediately.
(d) You must record all inspections. You must
keep these records for at least three years from the date of inspection. At a
minimum, you must include the date and time of the inspection, the name of the
inspector, a notation of the observations made, and the date and nature of any
repairs or other remedial actions.
§ 267.16
What training must my
employees have?
(a) Your facility
personnel must successfully complete a program of classroom instruction or
on-the-job training that teaches them to perform their duties in a way that
ensures the facility's compliance with the requirements of this section. You
must ensure that this program includes all the elements described in the
documents that are required under paragraph (d)(3) of this section.
(1) A person trained in hazardous waste
management procedures must direct this program, and must teach facility
personnel hazardous waste management procedures (including contingency plan
implementation) relevant to their employment positions.
(2) At a minimum, the training program must
be designed to ensure that facility personnel are able to respond effectively
to emergencies by including instruction on emergency procedures, emergency
equipment, and emergency systems, including all of the following, where
applicable:
(i) Procedures for using,
inspecting, repairing, and replacing facility emergency and monitoring
equipment
(ii) Key parameters for
automatic waste feed cut-off systems.
(iii) Communications or alarm
systems.
(iv) Response to fires or
explosions.
(v) Response to ground
water contamination incidents.
(vi)
Shutdown of operations.
(b) Facility personnel must successfully
complete the program required in paragraph (a) of this section within six
months after the date of their employment or assignment to a facility, or to a
new position at a facility, whichever is later. Employees hired after the
effective date of your standardized permit must not work in unsupervised
positions until they have completed the training requirements of paragraph (a)
of this section.
(c) Facility
personnel must take part in an annual review of the initial training required
in paragraph (a) of this section.
(d) You must maintain the following documents
and records at your facility:
(1) The job
title for each position at the facility related to hazardous waste management,
and the name of the employee filling each job;
(2) A written job description for each
position listed under paragraph (d)(1) of this section. This description must
include the requisite skill, education, or other qualifications, and duties of
employees assigned to each position;
(3) A written description of the type and
amount of both introductory and continuing training that will be given to each
person filling a position listed under paragraph (d)(1) of this
section;
(4) Records that document
that facility personnel have received and completed the training or job
experience required under paragraphs (a), (b), and (c) of this
section.
(e) You must
keep training records on current personnel until your facility closes. You must
keep training records on former employees for at least three years from the
date the employee last worked at your facility. Personnel training records may
accompany personnel transferred within your company.
(f)
Additionally, you must meet the
following requirements:
(1)
No employee may be assigned the duties of transferring, handling, sorting,
mixing, treating or disposing of hazardous waste unless that employee meets the
requirements set out in § 267.16 (a), (b) and (c)
above.
(2)
No
employee may be assigned the duties of transferring, handling, sorting, mixing,
treating or disposing of hazardous waste unless that employee has demonstrated
his/her capabilities of:
(i)
Reading and comprehending label instructions, operational procedures,
contingency plans and regulatory directives;
(ii)
Understanding the basic nature
of the materials which he/she is assigned to transfer, handle, sort, mix, treat
or dispose relative to the material's reactivity, toxicity, explosiveness and
flammability; and
(iii)
Operating all equipment which he/she is assigned to operate, including
personal safety and emergency equipment.
(3)
You must promptly modify the
training required of your employees whenever required to do so upon the
direction of the Division or whenever modification in training is required as a
condition of permit; provided, however, that preliminary training, approved by
the Division, shall have been completed prior to commencement of operation of a
new hazardous waste management facility or prior to commencement of an
operation in an existing facility for which a permit has been issued or
modified.
§
267.17
What are the requirements for managing ignitable,
reactive, or incompatible wastes?
(a)
You must take precautions to prevent accidental ignition or reaction of
ignitable or reactive waste by following these requirements:
(1) You must separate these wastes and
protect them from sources of ignition or reaction such as: open flames,
smoking, cutting and welding, hot surfaces, frictional heat, sparks (static,
electrical, or mechanical), spontaneous ignition (for example, from
heat-producing chemical reactions), and radiant heat.
(2) While ignitable or reactive waste is
being handled, you must confine smoking and open flames to specially designated
locations.
(3) "No Smoking" signs
must be conspicuously placed wherever there is a hazard from ignitable or
reactive waste.
(b) If
you treat or store ignitable or reactive waste, or mix incompatible waste or
incompatible wastes and other materials, you must take precautions to prevent
reactions that:
(1) Generate extreme heat or
pressure, fire or explosions, or violent reactions.
(2) Produce uncontrolled toxic mists, fumes,
dusts, or gases in sufficient quantities to threaten human health or the
environment.
(3) Produce
uncontrolled flammable fumes or gases in sufficient quantities to pose a risk
of fire or explosions.
(4) Damage
the structural integrity of the device or facility.
(5) Threaten human health or the environment
in any similar way.
(c)
You must document compliance with paragraph (a) or (b) of this section. You may
base this documentation on references to published scientific or engineering
literature, data from trial tests (for example bench scale or pilot scale
tests), waste analyses (as specified in § 267.13), or the results of the
treatment of similar wastes by similar treatment processes and under similar
operating conditions.
§
267.18
What are the standards for selecting the location of
my facility?
(a) You may not locate
portions of new facilities where hazardous waste will be treated or stored
within 61 meters (200 feet) of a fault that has had displacement in Holocene
time.
(1) "Fault" means a fracture along
which rocks on one side have been displaced with respect to those on the other
side.
(2) "Displacement" means the
relative movement of any two sides of a fault measured in any
direction.
(3) "Holocene" means the
most recent epoch of the Quaternary period, extending from the end of the
Pleistocene to the present.
Note to paragraph (a)(3): Procedures for demonstrating compliance with this standard are specified in Section 270.14(b)(11) of this Rule. Facilities which are located in political jurisdictions other than those listed in appendix VI to Section 264, are assumed to be in compliance with this requirement.
(b)
If your facility is located in a 100-year flood plain, it must be designed,
constructed, operated, and maintained to prevent washout of any hazardous waste
by a 100-year flood.
(1) "100-year flood
plain" means any land area that is subject to a one percent or greater chance
of flooding in any given year from any source.
(2) "Washout" means the movement of hazardous
waste from the active portion of the facility as a result of
flooding.
(3) "100-year flood"
means a flood that has a one percent chance of being equaled or exceeded in any
given year.
Subsection C
-- Preparedness and
Prevention
§ 267.30
Does
this subsection apply to me?
This subsection applies to you if you own or operate a facility that treats or stores hazardous waste under a Section 270, subsection J standardized permit, except as provided in § 267.1(b).
§ 267.31
What are the general
design and operation standards?
You must design, construct, maintain, and operate your facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water that could threaten human health or the environment.
§ 267.32
What equipment am I required to have?
Your facility must be equipped with all of the following, unless none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below:
(a) An internal communications or alarm
system capable of providing immediate emergency instruction (voice or signal)
to facility personnel.
(b) A
device, such as a telephone (immediately available at the scene of operations)
or a handheld two-way radio, capable of summoning emergency assistance from
local police departments, fire departments, or State or local emergency
response teams.
(c) Portable fire
extinguishers, fire control equipment (including special extinguishing
equipment, such as that using foam, inert gas, or dry chemicals), spill control
equipment, and decontamination equipment.
(d) Water at adequate volume and pressure to
supply water hose streams, or foam-producing equipment, or automatic
sprinklers, or water spray systems.
§ 267.33
What are the testing and
maintenance requirements for the equipment?
You must test and maintain all required facility communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, as necessary, to assure its proper operation in time of emergency.
§ 267.34
When must personnel have access to communication equipment or an alarm
system?
(a) Whenever hazardous waste is
being poured, mixed, spread, or otherwise handled, all personnel involved in
the operation must have immediate access to an internal alarm or emergency
communication device, either directly or through visual or voice contact with
another employee, unless the device is not required under §
267.32.
(b) If just one employee is
on the premises while the facility is operating, that person must have
immediate access to a device, such as a telephone (immediately available at the
scene of operation) or a hand-held two-way radio, capable of summoning external
emergency assistance, unless not required under § 267.32.
§ 267.35
How do I
ensure access for personnel and equipment during emergencies?
You must maintain enough aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, as appropriate, considering the type of waste being stored or treated.
§ 267.36
What
arrangements must I make with local authorities for emergencies?
(a) You must attempt to make the following
arrangements, as appropriate, for the type of waste handled at your facility
and the potential need for the services of these organizations:
(1) Arrangements to familiarize police, fire
departments, and emergency response teams with the layout of the facility,
properties of hazardous waste handled at the facility and associated hazards,
places where facility personnel would normally be working, entrances to and
roads inside the facility, and possible evacuation routes.
(2) Agreements designating primary emergency
authority to a specific police and a specific fire department where more than
one police and fire department might respond to an emergency, and agreements
with any others to provide support to the primary emergency
authority.
(3) Agreements with
State emergency response teams, emergency response contractors, and equipment
suppliers.
(4) Arrangements to
familiarize local hospitals with the properties of hazardous waste handled at
the facility and the types of injuries or illnesses that could result from
fires, explosions, or releases at the facility.
(b) If State or local authorities decline to
enter into such arrangements, you must document the refusal in the operating
record.
Subsection
D
-- Contingency Plan and Emergency Procedures
§ 267.50
Does this subsection
apply to me?
This subsection applies to you if you own or operate a facility that treats or stores hazardous waste under a Section 270, subsection J standardized permit, except as provided in § 267.1(b).
§ 267.51
What is the purpose of
the contingency plan and how do I use it?
(a) You must have a contingency plan for your
facility. You must design the plan to minimize hazards to human health or the
environment from fires, explosions, or any unplanned sudden or non-sudden
release of hazardous waste or hazardous waste constituents to air, soil, or
surface water.
(b) You must
implement the provisions of the plan immediately whenever there is a fire,
explosion, or release of hazardous waste or hazardous waste constituents which
could threaten human health or the environment.
§ 267.52
What must be in the
contingency plan?
(a) Your contingency
plan must:
(1) Describe the actions facility
personnel will take to comply with §§ 267.51 and 267.56 in response
to fires, explosions, or any unplanned sudden or non-sudden release of
hazardous waste or hazardous waste constituents to air, soil, or surface water
at the facility.
(2) Describe all
arrangements agreed upon under § 267.36 by local police departments, fire
departments, hospitals, contractors, and state and local emergency response
teams to coordinate emergency services.
(3) List names, addresses, and phone numbers
(office and home) of all persons qualified to act as emergency coordinator (see
§ 267.55), and you must keep the list up to date. Where more than one
person is listed, one must be named as primary emergency coordinator and others
must be listed in the order in which they will assume responsibility as
alternates.
(4) Include a current
list of all emergency equipment at the facility (such as fire extinguishing
systems, spill control equipment, communications and alarm systems (internal
and external), and decontamination equipment), where this equipment is
required. In addition, you must include the location and a physical description
of each item on the list, and a brief outline of its capabilities.
(5) Include an evacuation plan for facility
personnel where there is a possibility that evacuation could be necessary. You
must describe signal(s) to be used to begin evacuation, evacuation routes, and
alternate evacuation routes (in cases where the primary routes could be blocked
by releases of hazardous waste or fires).
(b) If you have already prepared a Spill
Prevention, Control, and Countermeasures (SPCC) Plan under 40 CFR part 112, or
some other emergency or contingency plan, you need only amend that plan to
incorporate hazardous waste management provisions that will comply with the
requirements of this section.
§
267.53
Who must have copies of the contingency plan?
(a) You must maintain a copy of the plan with
all revisions at the facility; and
(b) You must submit a copy with all revisions
to all local police departments, fire departments, hospitals, and state and
local emergency response teams that may be called upon to provide emergency
services.
§ 267.54
When must I amend the contingency plan?
You must review, and immediately amend the contingency plan, if necessary, whenever:
(a) The facility
permit is revised.
(b) The plan
fails in an emergency.
(c) You
change the facility (in its design, construction, operation, maintenance, or
other circumstances) in a way that materially increases the potential for
fires, explosions, or releases of hazardous waste or hazardous waste
constituents, or changes the response necessary in an emergency.
(d) You change the list of emergency
coordinators.
(e) You change the
list of emergency equipment.
§
267.55
What is the role of the emergency coordinator?
At least one employee must be either on the facility premises or on call at all times (that is, available to respond to an emergency by reaching the facility within a short period of time) who has the responsibility for coordinating all emergency response measures. This emergency coordinator must be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person must have the authority to commit the resources needed to carry out the contingency plan.
§ 267.56
What are the required emergency procedures for the emergency
coordinator?
(a) Whenever there is an
imminent or actual emergency situation, the emergency coordinator (or his
designee when the emergency coordinator is on call) must immediately:
(1) Activate internal facility alarm or
communication systems, where applicable, to notify all facility personnel,
and
(2) Notify appropriate State or
local agencies with designated response roles if their help is
needed.
(b) Whenever
there is a release, fire, or explosion, the emergency coordinator must:
(1) Immediately identify the character, exact
source, amount, and areal extent of any released materials. He may do this by
observation or review of facility records or manifests, and, if necessary, by
chemical analysis.
(2) Assess
possible hazards to human health or the environment that may result from the
release, fire, or explosion. This assessment must consider both direct and
indirect effects of the release, fire, or explosion. For example, the
assessment would consider the effects of any toxic, irritating, or asphyxiating
gases that are generated, or the effects of any hazardous surface water run-off
from water or chemical agents used to control fire and heat-induced
explosions.
(c) If the
emergency coordinator determines that the facility has had a release, fire, or
explosion which could threaten human health, or the environment, outside the
facility, he must report his findings as follows:
(1) If his assessment indicates that
evacuation of local areas may be advisable, he must immediately notify
appropriate local authorities. He must be available to help appropriate
officials decide whether local areas should be evacuated; and
(2) He must immediately notify either the
government official designated as the on-scene coordinator for that
geographical area, or the National Response Center (using their 24-hour
toll-free number 800/ 424-8802). The report must include:
(i) Name and telephone number of the
reporter.
(ii) Name and address of
facility.
(iii) Time and type of
incident (for example, a release or a fire).
(iv) Name and quantity of material(s)
involved, to the extent known.
(v)
The extent of injuries, if any.
(vi) The possible hazards to human health or
the environment outside the facility.
(d) During an emergency, the emergency
coordinator must take all reasonable measures necessary to ensure that fires,
explosions, and releases do not occur, recur, or spread to other hazardous
waste at the facility. These measures must include, where applicable, stopping
processes and operations, collecting and containing release waste, and removing
or isolating containers.
(e) If the
facility stops operations in response to a fire, explosion, or release, the
emergency coordinator must monitor for leaks, pressure buildup, gas generation,
or ruptures in valves, pipes, or other equipment, when appropriate.
§ 267.57
What must the
emergency coordinator do after an emergency?
(a) Immediately after an emergency, the
emergency coordinator must provide for treating, storing, or disposing of
recovered waste, contaminated soil or surface water, or any other material that
results from a release, fire, or explosion at the facility.
(b) The emergency coordinator must ensure
that, in the affected area(s) of the facility:
(1) No waste that may be incompatible with
the released material is treated, stored, or disposed of until cleanup
procedures are completed.
(2) All
emergency equipment listed in the contingency plan is cleaned and fit for its
intended use before operations are resumed.
§ 267.58
What notification and
recordkeeping must I do after an emergency?
(a) You must notify the Director, and other
appropriate State and local authorities, that the facility is in compliance
with § 267.57(b) before operations are resumed in the affected area(s) of
the facility.
(b) You must note the
time, date, and details of any incident that requires implementing the
contingency plan in the operating record. Within 15 days after the incident,
you must submit a written report on the incident to the Director. You must
include the following in the report:
(1) The
name, address, and telephone number of the owner or operator.
(2) The name, address, and telephone number
of the facility.
(3) The date,
time, and type of incident (e.g., fire, explosion).
(4) The name and quantity of material(s)
involved.
(5) The extent of
injuries, if any.
(6) An assessment
of actual or potential hazards to human health or the environment, where this
is applicable.
(7) The estimated
quantity and disposition of recovered material that resulted from the incident.
Subsection
E
-- Recordkeeping, Reporting, and Notifying
§ 267.70
Does this subsection
apply to me?
This subsection applies to you if you own or operate a facility that stores or non-thermally treats a hazardous waste under a Section 270, subsection J standardized permit, except as provided in § 267.1(b). In addition, you must comply with the manifest requirements of Section 262 of this Rule whenever a shipment of hazardous waste is initiated from your facility.
§ 267.71
Use of the manifest system.
(a)
If a facility receives hazardous waste accompanied by a manifest, the owner or
operator, or his agent, must:
(1) Sign and
date each copy of the manifest to certify that the hazardous waste covered by
the manifest was received;
(2) Note
any significant discrepancies in the manifest (as defined in § 267.72(a))
on each copy of the manifest;
(3)
Immediately give the transporter at least one copy of the signed
manifest;
(4) Within 30 days after
the delivery, send a copy of the manifest to the generator;
(5) Retain at the facility a copy of each
manifest for at least three years from the date of delivery;
(6) If a facility receives hazardous waste
subject to section 262, subsection H from a foreign source, the receiving
facility must:
(i) Additionally list the
relevant consent number from consent documentation supplied by EPA to the
facility for each waste listed on the manifest, matched to the relevant list
number for the waste from block 9b. If additional space is needed, the
receiving facility should use a Continuation Sheet(s) (EPA Form 8700-22A);
and
(ii) Mail a copy of the
manifest to EPA using the addresses listed in § 262.82(e) within thirty
(30) days of delivery until the facility can submit such a copy to the
e-Manifest system per § 264.71(a)(2)(v) or §
265.71(a)(2)(v).
(b) If a facility receives, from a rail or
water (bulk shipment) transporter, hazardous waste which is accompanied by a
shipping paper containing all the information required on the manifest
(excluding the EPA identification numbers, generator's certification, and
signatures), the owner or operator, or his agent, must:
(1) Sign and date each copy of the manifest
or shipping paper (if the manifest has not been received) to certify that the
hazardous waste covered by the manifest or shipping paper was
received;
(2) Note any significant
discrepancies (as defined in § 267.72(a)) in the manifest or shipping
paper (if the manifest has not been received) on each copy of the manifest or
shipping paper. Note that the Commission does not intend that the owner or
operator of a facility whose procedures under § 267.13(c) include waste
analysis must perform that analysis before signing the shipping paper and
giving it to the transporter. Section 267.72(b), however, requires reporting an
unreconciled discrepancy discovered during later analysis.
(3) Immediately give the rail or water (bulk
shipment) transporter at least one copy of the manifest or shipping paper (if
the manifest has not been received);
(4) Within 30 days after the delivery, send a
copy of the signed and dated manifest to the generator; however, if the
manifest has not been received within 30 days after delivery, the owner or
operator, or his agent, must send a copy of the shipping paper signed and dated
to the generator. Note that § 262.23(c) of this Rule requires the
generator to send three copies of the manifest to the facility when hazardous
waste is sent by rail or water (bulk shipment); and
(5) Retain at the facility a copy of the
manifest and shipping paper (if signed in lieu of the manifest at the time of
delivery) for at least three years from the date of delivery.
(c) Whenever a shipment of
hazardous waste is initiated from a facility, the owner or operator of that
facility must comply with the requirements of section 262 of this Rule. The
Commission notes that the provisions of § 262.16 or 262.17are applicable
to the on-site accumulation of hazardous wastes by generators. Therefore, the
provisions of § 262.16 or 262.17 only apply to owners or operators who are
shipping hazardous waste which they generated at that facility.
(d) As per § 262.84(d)(2)(xv), within
three (3) working days of the receipt of a shipment subject to section 262,
subsection H, the owner or operator of a facility must provide a copy of the
movement document bearing all required signatures to the foreign exporter; to
the competent authorities of the countries of export and transit that control
the shipment as an export and transit shipment of hazardous waste respectively;
and on or after the electronic import-export reporting compliance date, to EPA
electronically using EPA's Waste Import Export Tracking System (WIETS), or its
successor system. The original copy of the movement document must be maintained
at the facility for at least three (3) years from the date of signature. The
owner or operator of a facility may satisfy this recordkeeping requirement by
retaining electronically submitted documents in the facility's account on EPA's
Waste Import Export Tracking System (WIETS), or its successor system, provided
that copies are readily available for viewing and production if requested by
any EPA or authorized state inspector. No owner or operator of a facility may
be held liable for the inability to produce the documents for inspection under
this section if the owner or operator of a facility can demonstrate that the
inability to produce the document is due exclusively to technical difficulty
with EPA's Waste Import Export Tracking System (WIETS), or its successor
system, for which the owner or operator of a facility bears no
responsibility.
§
267.72
Manifest discrepancies.
(a) Manifest discrepancies are differences
between the quantity or type of hazardous waste designated on the manifest or
shipping paper, and the quantity or type of hazardous waste a facility actually
receives. Significant discrepancies in quantity are:
(1) For bulk waste, variations greater than
10 percent in weight; and
(2) For
batch waste, any variation in piece count, such as a discrepancy of one drum in
a truckload. Significant discrepancies in type are obvious differences which
can be discovered by inspection or waste analysis, such as waste solvent
substituted for waste acid, or toxic constituents not reported on the manifest
or shipping paper.
(b)
Upon discovering a significant discrepancy, the owner or operator must attempt
to reconcile the discrepancy with the waste generator or transporter (e.g.,
with telephone conversations). If the discrepancy is not resolved within 15
days after receiving the waste, the owner or operator must immediately submit
to the Director a letter describing the discrepancy and attempts to reconcile
it, and a copy of the manifest or shipping paper at issue.
§ 267.73
What information must I
keep?
(a) You must keep a written
operating record at your facility.
(b) You must record the following
information, as it becomes available, and maintain the operating record until
you close the facility:
(1) A description and
the quantity of each type of hazardous waste generated, and the method(s) and
date(s) of its storage and/or treatment at the facility as required by Appendix
I of Section 264;
(2) The location
of each hazardous waste within the facility and the quantity at each
location;
(3) Records and results
of waste analyses and waste determinations you perform as specified in
§§ 267.13, 267.17, and Sections 264.1034, 264.1063, 264.1083, and
268.7;
(4) Summary reports and
details of all incidents that require you to implement the contingency plan as
specified in § 267.58(b));
(5)
Records and results of inspections as required by § 267.15(d) (except you
need to keep these data for only three years);
(6) Monitoring, testing or analytical data,
and corrective action when required by subsection F of this section and
§§ 267.191, 267.193, 267.195, and Sections 264.1034(c) through
264.1034(f), 264.1035, 264.1063(d) through 264.1063(i), 264.1064, 264.1088,
264.1089, and 264.1090;
(7) All
closure cost estimates under § 267.142;
(8) Your certification, at least annually,
that you have a program in place to reduce the volume and toxicity of hazardous
waste that you generate to the degree that you determine to be economically
practicable; and that the proposed method of treatment or storage is that
practicable method currently available to you that minimizes the present and
future threat to human health and the environment;
(9) For an on-site treatment facility, the
information contained in the notice (except the manifest number), and the
certification and demonstration, if applicable, required by you under Section
268.7 of this Rule; and
(10) For an
on-site storage facility, the information in the notice (except the manifest
number), and the certification and demonstration, if applicable, required by
you under § 268.7.
(11) For an
off-site treatment facility, a copy of the notice, and the certification and
demonstration, if applicable, required by the generator or the owner or
operator under § 268.7 or § 268.8;
(12) For an off-site storage facility, a copy
of the notice, and the certification and demonstration, if applicable, required
by the generator or the owner or operator under § 268.7 or §
268.8.
§
267.74
Who sees the records?
(a) You must furnish all records, including
plans, required under this section upon the request of any officer, employee,
or representative of DEQ who is duly designated by the Director, and make them
available at all reasonable times for inspection.
(b) The retention period for all records
required under this section is extended automatically during the course of any
unresolved enforcement action involving the facility or as requested by the
Director.
§ 267.75
What reports must I prepare and to whom do I send them?
You must prepare an annual report and other reports listed in paragraph (b) of this section.
(a)
Annual report. You must prepare and submit a single copy of an
annual report to the Director by March 1 of each year. The
annual report must be submitted on forms as provided by the
Division. The report must cover facility activities during the previous
calendar year and must include:
(1) The EPA
identification number, name, and address of the facility;
(2) The calendar year covered by the
report;
(3) The method of treatment
or storage for each hazardous waste;
(4) The most recent closure cost estimate
under § 267.142;
(5) A
description of the efforts undertaken during the year to reduce the volume and
toxicity of generated waste.
(6) A
description of the changes in volume and toxicity of waste actually achieved
during the year in comparison to previous years to the extent such information
is available for the years prior to 1984.
(7) The certification signed by
you.
(b) Additional
reports. In addition to submitting the biennial reports, you must also report
to the Director:
(1) Releases, fires, and
explosions as specified in § 267.58(b);
(2) Facility closures specified in §
267.117; and
(3) As otherwise
required by subsections I, J, and DD of this section and Section 264,
subsections AA, BB, CC.
(c) For off-site facilities, the EPA
identification number of each hazardous waste generator from which the facility
received a hazardous waste during the year; for imported shipments, the report
must give the name and address of the foreign generator;
(d) A description and the quantity of each
hazardous waste the facility received during the year. For off-site facilities,
this information must be listed by EPA identification number of each
generator.
§ 267.76
What notifications must I make?
Before transferring ownership or operation of a facility during its operating life, you must notify the new owner or operator in writing of the requirements of this section and Section 270, subsection J.
Subsection F
--
Releases from Solid Waste Management Units
§
267.90
Who must comply with this section?
This subsection applies to you if you own or operate a facility that treats or stores hazardous waste under a Section 270, subsection J standardized permit, except as provided in § 267.1(b), or unless your facility already has a permit that imposes requirements for corrective action under Section 264.101 of this Rule.
§ 267.91 - 267.100
[Reserved]
§ 267.101
What must I do to address corrective action for solid waste management
units?
(a) You must institute
corrective action as necessary to protect human health and the environment for
all releases of hazardous waste or constituents from any solid waste management
unit at the facility, regardless of the time at which waste was placed in such
unit.
(b) The Director will specify
corrective action in the supplemental portion of your standardized permit in
accordance with this section and Section 264, subsection S of this Rule. The
Director will include in the supplemental portion of your standardized permit
schedules of compliance for corrective action (where corrective action cannot
be completed prior to issuance of the permit) and assurances of financial
responsibility for completing corrective action.
(c) You must implement corrective action
beyond the facility property boundary, where necessary to protect human health
and the environment, unless you demonstrate to the satisfaction of the Director
that, despite your best efforts, you were unable to obtain the necessary
permission to undertake such actions. You are not relieved of all
responsibility to clean up a release that has migrated beyond the facility
boundary where off -site access is denied. On-site measures to address such
releases will be determined on a case-by-case basis. You must provide
assurances of financial responsibility for such corrective action.
(d) You do not have to comply with this
section if you are the owner or operator of a remediation waste site unless
your site is part of a facility that is subject to a permit for treating,
storing, or disposing of hazardous wastes that are not remediation
wastes.
Subsection
G
-- Closure
§
267.110
Does this subsection apply to me?
This subsection applies to you if you own or operate a facility that treats or stores hazardous waste under a Section 270, subsection J standardized permit, except as provided in § 267.1(b).
§ 267.111
What general standards
must I meet when I stop operating the unit?
You must close the storage and treatment units in a manner that:
(a) Minimizes the need for
further maintenance; and
(b)
Controls, minimizes, or eliminates, to the extent necessary to protect human
health and the environment, post-closure escape of hazardous waste, hazardous
constituents, leachate, contaminated run-off, or hazardous waste decomposition
products to the ground or surface waters or to the atmosphere; and
(c) Meets the closure requirements of this
subsection and the requirements of §§ 267.176, 267.201, and 267.1108.
If you determine that, when applicable, the closure requirements of §
267.201(tanks) or § 267.1108 (containment buildings) cannot be met, then
you must close the unit in accordance with the requirements that apply to
landfills (§ 264.310). In addition, for the purposes of post-closure and
financial responsibility, such a tank system or containment building is then
considered to be a landfill, and you must apply for a post-closure care permit
in accordance with Section 270 of this Rule.
§ 267.112
What procedures must I
follow?
(a) To close a facility, you
must follow your approved closure plan, and follow notification requirements.
(1) Your closure plan must be submitted at
the time you submitted your Notice of Intent to operate under a standardized
permit. Final issuance of the standardized permit constitutes approval of the
closure plan, and the plan becomes a condition of the RCRA standardized
permit.
(2) The Director's approval
of the plan must ensure that the approved plan is consistent with §§
267.111 through 267.115, 267.176, 267.201, and 267.1108.
(b) Satisfy the requirements for content of
closure plan. The closure plan must identify steps necessary to perform partial
and/or final closure of the facility. The closure plan must include, at least:
(1) A description of how each hazardous waste
management unit at the facility subject to this subsection will be closed
following § 267.111.
(2) A
description of how final closure of the facility will be conducted in
accordance with § 267.111. The description must identify the maximum
extent of the operations which will be unclosed during the active life of the
facility.
(3) An estimate of the
maximum inventory of hazardous wastes ever on site during the active life of
the facility and a detailed description of the methods you will use during
partial and /or final closure, such as methods for removing, transporting,
treating, storing, or disposing of all hazardous wastes, and identification of
the type(s) of off-site hazardous waste management units to be used, if
applicable.
(4) A detailed
description of the steps needed to remove or decontaminate all hazardous waste
residues and contaminated containment system components, equipment, structures,
and soils during partial or final closure. These might include procedures for
cleaning equipment and removing contaminated soils, methods for sampling and
testing surrounding soils, and criteria for determining the extent of
decontamination required to satisfy the closure performance standard;
(5) A detailed description of other
activities necessary during the closure period to ensure that partial or final
closure satisfies the closure performance standards.
(6) A schedule for closure of each hazardous
waste management unit, and for final closure of the facility. The schedule must
include, at a minimum, the total time required to close each hazardous waste
management unit and the time required for intervening closure activities that
allow tracking of progress of partial or final closure.
(7) For facilities that use trust funds to
establish financial assurance under § 267.143 and that are expected to
close prior to the expiration of the permit, an estimate of the expected year
of final closure.
(c) You
may submit a written notification to the Director for a permit modification to
amend the closure plan at any time prior to the notification of partial or
final closure of the facility, following the applicable procedures in
40 CFR
124.211.
(1)
Events leading to a change in the closure plan, and therefore requiring a
modification, may include:
(i) A change in
the operating plan or facility design;
(ii) A change in the expected year of
closure, if applicable; or
(iii) In
conducting partial or final closure activities, an unexpected event requiring a
modification of the approved closure plan.
(2) The written notification or request must
include a copy of the amended closure plan for review or approval by the
Director. The Director will approve, disapprove, or modify this amended plan in
accordance with the procedures in
40 CFR
124.211,
270.320
of this Rule, and Rule No. 8.
(d) Notification before final closure.
(1) You must notify the Director in writing
at least 45 days before the date that you expect to begin final closure of a
treatment or storage tank, container storage area, or containment
building.
(2) The date when you
''expect to begin closure'' must be no later than 30 days after the date that
any hazardous waste management unit receives the known final volume of
hazardous wastes.
(3) If your
facility's permit is terminated, or if you are otherwise ordered, by judicial
decree or final order under section 3008 of RCRA, to cease receiving hazardous
wastes or to close, then the requirements of this paragraph (d) do not apply.
However, you must close the facility following the deadlines established in
§ 267.115.
§
267.113
Will the public have the opportunity to comment on
the plan?
(a) The Director will provide
you and the public, when the draft standardized permit is public noticed, the
opportunity to submit written comments on the plan and to the draft permit as
allowed by Rule No. 8. The Director will also, in response to a request or at
his/her own discretion, hold a public hearing whenever such a hearing might
clarify one or more issues concerning the closure plan, and the
permit.
(b) The Director will give
public notice of the hearing 30 days before it occurs. Public notice of the
hearing may be given at the same time as notice of the opportunity for the
public to submit written comments, and the two notices may be
combined.
§ 267.114
[Reserved]
§
267.115
After I stop operating, how long until I must
close?
(a) Within 90 days after the
final volume of hazardous waste is sent to a unit, you must treat or remove
from the unit all hazardous wastes following the approved closure
plan.
(b) You must complete final
closure activities in accordance with the approved closure plan within 180 days
after the final volume of hazardous wastes is sent to the unit. The Director
may approve an extension of 180 days to the closure period if you comply with
all applicable requirements for requesting a modification to the permit and
demonstrate that:
(1) The final closure
activities will take longer than 180 days to complete due to circumstances
beyond your control, excluding ground water contamination; and
(2) You have taken and will continue to take
all steps to prevent threats to human health and the environment from the
unclosed, but not operating hazardous waste management unit or facility,
including compliance with all applicable permit requirements.
(3) The demonstration must be made at least
30 days prior to the expiration of the initial 180-day period.
(c) Nothing in this section
precludes you from removing hazardous wastes and decontaminating or dismantling
equipment in accordance with the approved final closure plan at any time before
or after notification of final closure.
§ 267.116
What must I do with
contaminated equipment, structure, and soils?
You must properly dispose of or decontaminate all contaminated equipment, structures, and soils during the partial and final closure periods. By removing any hazardous wastes or hazardous constituents during partial and final closure, you may become a generator of hazardous waste and must handle that waste following all applicable requirements of Section 262 of this Rule.
§ 267.117
How do I certify closure?
Within 60 days of the completion of final closure of each unit under a Section 270 subsection J standardized permit, you must submit to the Director, by registered mail, a certification that each hazardous waste management unit or facility, as applicable, has been closed following the specifications in the closure plan. Both you and an independent qualified Arkansas-registered professional engineer must sign the certification. You must furnish documentation supporting the independent Arkansas-registered professional engineer's certification to the Director upon request until he releases you from the financial assurance requirements for closure under § 267.143(i).
Subsection
H
-- Financial Requirements
§ 267.140
Who must comply with
this subsection, and briefly, what do they have to do?
(a) The rules in this subsection apply to
owners and operators who treat or store hazardous waste under a standardized
permit, except as provided in § 267.1(b), or § 267.140(d)
below.
(b) The owner or operator
must:
(1) Prepare a closure cost estimate as
required in § 267.142;
(2)
Demonstrate financial assurance for closure as required in § 267.143;
and
(3) Demonstrate financial
assurance for liability as required in § 267.147.
(c) The owner or operator must notify the
Director if the owner or operator is named as a debtor in a bankruptcy
proceeding under Title 11 (Bankruptcy), U.S. Code (See also §
267.148).
(d) States and the
Federal government are exempt from the requirements of this
subsection.
§
267.141
Definitions of terms as used in this
subsection.
(a) Closure plan means the
plan for closure prepared in accordance with the requirements of §
267.112.
(b) Current closure cost
estimate means the most recent of the estimates prepared in accordance with
§ 267.142 (a), (b), and (c).
(c) [Reserved]
(d) Parent corporation means a corporation
which directly owns at least 50 percent of the voting stock of the corporation
which is the facility owner or operator; the latter corporation is deemed a
''subsidiary'' of the parent corporation.
(e) [Reserved]
(f) The following terms are used in the
specifications for the financial tests for closure and liability coverage. The
definitions are intended to assist in the understanding of these rules and are
not intended to limit the meanings of terms in a way that conflicts with
generally accepted accounting practices:
"Assets" means all existing and all probable future economic benefits obtained or controlled by a particular entity.
"Current plugging and abandonment cost estimate" means the most recent of the estimates prepared in accordance with 40 CFR 144.62(a), (b), and (c).
"Independently audited" refers to an audit performed by an independent certified public accountant in accordance with generally accepted auditing standards.
"Liabilities" means probable future sacrifices of economic benefits arising from present obligations to transfer assets or provide services to other entities in the future as a result of past transactions or events.
"Tangible net worth" means the tangible assets that remain after deducting liabilities; such assets would not include intangibles such as goodwill and rights to patents or royalties.
(g) In the liability insurance requirements,
the terms bodily injury and property damage shall have the meanings given these
terms by applicable State law. However, these terms do not include those
liabilities which, consistent with standard industry practices, are excluded
from coverage in liability policies for bodily injury and property damage. The
Commission intends the meanings of other terms used in the liability insurance
requirements to be consistent with their common meanings within the insurance
industry. The definitions given below of several of the terms are intended to
assist in the understanding of these rules and are not intended to limit their
meanings in a way that conflicts with general insurance industry usage.
"Accidental occurrence" means an accident, including continuous or repeated exposure to conditions, which results in bodily injury or property damage neither expected nor intended from the standpoint of the insured.
"Legal defense costs" means any expenses that an insurer incurs in defending against claims of third parties brought under the terms and conditions of an insurance policy.
"Sudden accidental occurrence" means an occurrence which is not continuous or repeated in nature.
(h) "Substantial business relationship" means
the extent of a business relationship necessary under applicable State law to
make a guarantee contract issued incident to that relationship valid and
enforceable. A "substantial business relationship" must arise from a pattern of
recent or ongoing business transactions, in addition to the guarantee itself,
such that a currently existing business relationship between the guarantor and
the owner or operator is demonstrated to the satisfaction of the
Director.
§ 267.142
Cost estimate for closure.
(a)
The owner or operator must have at the facility a detailed written estimate, in
current dollars, of the cost of closing the facility in accordance with the
requirements in §§ 267.111 through 267.115 and applicable closure
requirements in §§ 267.176, 267.201, 267.1108.
(1) The estimate must equal the cost of final
closure at the point in the facility's active life when the extent and manner
of its operation would make closure the most expensive, as indicated by the
closure plan (see § 267.112(b)); and
(2) The closure cost estimate must be based
on the costs to the owner or operator of hiring a third party to close the
facility. A third party is a party who is neither a parent nor a subsidiary of
the owner or operator. (See definition of parent corporation in §
267.141(d).) The owner or operator may use costs for onsite disposal if he can
demonstrate that on-site disposal capacity will exist at all times over the
life of the facility.
(3) The
closure cost estimate may not incorporate any salvage value that may be
realized with the sale of hazardous wastes, or non-hazardous wastes, facility
structures or equipment, land, or other assets associated with the facility at
the time of partial or final closure.
(4) The owner or operator may not incorporate
a zero cost for hazardous wastes, or non-hazardous wastes that might have
economic value.
(b)
During the active life of the facility, the owner or operator must adjust the
closure cost estimate for inflation within 60 days prior to the anniversary
date of the establishment of the financial instrument(s) used to comply with
§ 267.143. For owners and operators using the financial test or corporate
guarantee, the closure cost estimate must be updated for inflation within 30
days after the close of the firm's fiscal year and before submission of updated
information to the Director as specified in § 267.143(f)(2)(iii). The
adjustment may be made by recalculating the maximum costs of closure in current
dollars, or by using an inflation factor derived from the most recent Implicit
Price Deflator for Gross Domestic Product published by the U.S. Department of
Commerce in its Survey of Current Business, as specified in paragraphs (b)(1)
and (2) of this section. The inflation factor is the result of dividing the
latest published annual Deflator by the Deflator for the previous year.
(1) The first adjustment is made by
multiplying the closure cost estimate by the inflation factor. The result is
the adjusted closure cost estimate.
(2) Subsequent adjustments are made by
multiplying the latest adjusted closure cost estimate by the latest inflation
factor.
(c) During the
active life of the facility, the owner or operator must revise the closure cost
estimate no later than 30 days after the Director has approved the request to
modify the closure plan, if the change in the closure plan increases the cost
of closure. The revised closure cost estimate must be adjusted for inflation as
specified in § 267.142(b).
(d)
The owner or operator must keep the following at the facility during the
operating life of the facility: The latest closure cost estimate prepared in
accordance with paragraphs (a) and (c) of this section and, when this estimate
has been adjusted in accordance with paragraph (b) of this section, the latest
adjusted closure cost estimate.
§
267.143
Financial assurance for closure.
The owner or operator must establish financial assurance for closure of each storage or treatment unit that he owns or operates. In establishing financial assurance for closure, the owner or operator must choose from the financial assurance mechanisms in paragraphs (a), (b), (c), (d), (e), (f), and (g) of this section. The owner or operator can also use a combination of mechanisms for a single facility if they meet the requirement in paragraph (h) of this section, or may use a single mechanism for multiple facilities as in paragraph (i) of this section. The Director will release the owner or operator from the requirements of this section after the owner or operator meets the criteria under paragraph (j) of this section.
(a) Closure Trust Fund. Owners and operators
can use the ''closure trust fund,'' that is specified in Sections 264.143(a)(1)
and (2), and 264.143(a)(6)-(11) of this Rule. For purposes of this paragraph,
the following provisions also apply:
(1)
Payments into the trust fund for a new facility must be made annually by the
owner or operator over the remaining operating life of the facility as
estimated in the closure plan, or over 3 years, whichever period is shorter.
This period of time is hereafter referred to as the "pay-in period."
(2) For a new facility, the first payment
into the closure trust fund must be made before the facility may accept the
initial storage. A receipt from the trustee must be submitted by the owner or
operator to the Director before this initial storage of waste. The first
payment must be at least equal to the current closure cost estimate, divided by
the number of years in the pay-in period, except as provided in paragraph (h)
of this section for multiple mechanisms. Subsequent payments must be made no
later than 30 days after each anniversary date of the first payment. The owner
or operator determines the amount of each subsequent payment by subtracting the
current value of the trust fund from the current closure cost estimate, and
dividing this difference by the number of years remaining in the pay-in period.
Mathematically, the formula is Next Payment = (Current Closure Estimate - Current Value of the Trust Fund) Divided by Years Remaining in the Pay-In Period.
(3) The owner
or operator of a facility existing on the effective date of this paragraph can
establish a trust fund to meet this paragraph's financial assurance
requirements. If the value of the trust fund is less than the current closure
cost estimate when a final approval of the permit is granted for the facility,
the owner or operator must pay the difference into the trust fund within 60
days.
(4) The owner or operator may
accelerate payments into the trust fund or deposit the full amount of the
closure cost estimate when establishing the trust fund. However, he must
maintain the value of the fund at no less than the value that the fund would
have if annual payments were made as specified in paragraph (a)(2) or (a)(3) of
this section.
(5) The owner or
operator must submit a trust agreement with the wording specified in §
264.151(a)(1).
(b) Surety
Bond Guaranteeing Payment into a Closure Trust Fund. Owners and operators can
use the ''surety bond guaranteeing payment into a closure trust fund,'' as
specified in § 264.143(b) of this Rule, including the use of the surety
bond instrument specified at § 264.151(b), and the standby trust specified
at § 264.143(b)(3).
(c) Surety
Bond Guaranteeing Performance of Closure. Owners and operators can use the
''surety bond guaranteeing performance of closure,'' as specified in §
264.143(c), the submission and use of the surety bond instrument specified at
§ 264.151(c), and the standby trust specified at §
264.143(c)(3).
(d) Closure Letter
of Credit. Owners and operators can use the "closure letter of credit"
specified in § 264.143(d), the submission and use of the irrevocable
letter of credit instrument specified in § 264.151(d), and the standby
trust specified in § 264.143(d)(3).
(e) Closure Insurance. Owners and operators
can use ''closure insurance,'' as specified in § 264.143(e), utilizing the
certificate of insurance for closure specified at § 264.151(e).
(f) Corporate financial test. An owner or
operator that satisfies the requirements of this paragraph may demonstrate
financial assurance up to the amount specified in this paragraph:
(1) Financial component.
(i) The owner or operator must satisfy one of
the following three conditions:
(A) A current
rating for its senior unsecured debt of AAA, AA, A, or BBB as issued by
Standard and Poor's or Aaa, Aa, A or Baa as issued by Moody's; or
(B) A ratio of less than 1.5 comparing total
liabilities to net worth; or
(C) A
ratio of greater than 0.10 comparing the sum of net income plus depreciation,
depletion and amortization, minus $10 million, to total liabilities.
(ii) The tangible net worth of the
owner or operator must be greater than:
(A)
The sum of the current environmental obligations (see paragraph (f)(2)(i)(A)(1)
of this section), including guarantees, covered by a financial test plus $10
million, except as provided in paragraph (f)(1)(ii)(B) of this
section.
(B) $10 million in
tangible net worth plus the amount of any guarantees that have not been
recognized as liabilities on the financial statements provided all of the
environmental obligations (see paragraph (f)(2)(i)(A)(1) of this section)
covered by a financial test are recognized as liabilities on the owner's or
operator's audited financial statements, and subject to the approval of the
Director.
(iii) The owner
or operator must have assets located in the United States amounting to at least
the sum of environmental obligations covered by a financial test as described
in paragraph (f)(2)(i)(A)(1) of this section.
(2) Recordkeeping and reporting requirements.
(i) The owner or operator must submit the
following items to the Director:
(A) A letter
signed by the owner's or operator's chief financial officer that:
(1) Lists all the applicable current types,
amounts, and sums of environmental obligations covered by a financial test.
These obligations include both obligations in the programs which EPA directly
operates and obligations where EPA has delegated authority to a State or
approved a State's program. These obligations include, but are not limited to:
(i) Liability, closure, post-closure and
corrective action cost estimates required for hazardous waste treatment,
storage, and disposal facilities under §§ 264.101, 264.142, 264.144,
264.147, 265.142, 265.144, and 265.147 of this Rule;
(ii) Cost estimates required for municipal
solid waste management facilities under
40 CFR
258.71,
258.72,
and
258.73;
(iii) Current plugging cost estimates
required for UIC facilities under
40 CFR
144.62;
(iv) Cost estimates required for petroleum
underground storage tank facilities under
40 CFR
280.93;
(v) Cost estimates required for PCB storage
facilities under
40 CFR
761.65;
(vi) Any financial assurance required under,
or as part of an action undertaken under, the Comprehensive Environmental
Response, Compensation, and Liability Act; and
(vii) Any other environmental obligations
that are assured through a financial test.
(2) Provides evidence demonstrating that the
firm meets the conditions of either paragraph (f)(1)(i)(A) or (f)(1)(i)(B) or
(f)(1)(i)(C) of this section and paragraphs (f)(1)(ii) and (f)(1)(iii) of this
section.
(B) A copy of
the independent certified public accountant's unqualified opinion of the
owner's or operator's financial statements for the latest completed fiscal
year. To be eligible to use the financial test, the owner's or operator's
financial statements must receive an unqualified opinion from the independent
certified public accountant. An adverse opinion, disclaimer of opinion, or
other qualified opinion will be cause for disallowance, with the potential
exception for qualified opinions provided in the next sentence. The Director
may evaluate qualified opinions on a case-by-case basis and allow use of the
financial test in cases where the Director deems that the matters which form
the basis for the qualification are insufficient to warrant disallowance of the
test. If the Director does not allow use of the test, the owner or operator
must provide alternate financial assurance that meets the requirements of this
section within 30 days after the notification of disallowance.
(C) If the chief financial officer's letter
providing evidence of financial assurance includes financial data showing that
the owner or operator satisfies paragraph (f)(1)(i)(B) or (f)(1)(i)(C) of this
section that are different from data in the audited financial statements
referred to in paragraph (f)(2)(i)(B) of this section or any other audited
financial statement or data filed with the SEC, then a special report from the
owner's or operator's independent certified public accountant to the owner or
operator is required. The special report shall be based upon an agreed upon
procedures engagement in accordance with professional auditing standards and
shall describe the procedures performed in comparing the data in the chief
financial officer's letter derived from the independently audited, year-end
financial statements for the latest fiscal year with the amounts in such
financial statements, the findings of that comparison, and the reasons for any
differences.
(D) If the chief
financial officer's letter provides a demonstration that the firm has assured
for environmental obligations as provided in paragraph (f)(1)(ii)(B) of this
section, then the letter shall include a report from the independent certified
public accountant that verifies that all of the environmental obligations
covered by a financial test have been recognized as liabilities on the audited
financial statements, how these obligations have been measured and reported,
and that the tangible net worth of the firm is at least $10 million plus the
amount of any guarantees provided.
(ii) The owner or operator of a new facility
must submit the items specified in paragraph (f)(2)(i) of this section to the
Director at least 60 days before placing waste in the facility.
(iii) After the initial submission of items
specified in paragraph (f)(2)(i) of this section, the owner or operator must
send updated information to the Director within 90 days following the close of
the owner or operator's fiscal year. The Director may provide up to an
additional 45 days for an owner or operator who can demonstrate that 90 days is
insufficient time to acquire audited financial statements. The updated
information must consist of all items specified in paragraph (f)(2)(i) of this
section.
(iv) The owner or operator
is no longer required to submit the items specified in this paragraph (f)(2) of
this section or comply with the requirements of this paragraph (f) when:
(A) The owner or operator substitutes
alternate financial assurance as specified in this section that is not subject
to these recordkeeping and reporting requirements; or
(B) The Director releases the owner or
operator from the requirements of this section in accordance with paragraph (j)
of this section.
(v) An
owner or operator who no longer meets the requirements of paragraph (f)(1) of
this section cannot use the financial test to demonstrate financial assurance.
Instead an owner or operator who no longer meets the requirements of paragraph
(f)(1) of this section, must:
(A) Send notice
to the Director of intent to establish alternate financial assurance as
specified in this section. The owner or operator must send this notice by
certified mail within 90 days following the close the owner or operator's
fiscal year for which the year-end financial data show that the owner or
operator no longer meets the requirements of this section.
(B) Provide alternative financial assurance
within 120 days after the end of such fiscal year.
(vi) The Director may, based on a reasonable
belief that the owner or operator may no longer meet the requirements of
paragraph (f)(1) of this section, require at any time the owner or operator to
provide reports of its financial condition in addition to or including current
financial test documentation as specified in paragraph (f)(2) of this section.
If the Director finds that the owner or operator no longer meets the
requirements of paragraph (f)(1) of this section, the owner or operator must
provide alternate financial assurance that meets the requirements of this
section.
(g)
Corporate Guarantee.
(1) An owner or operator
may meet the requirements of this section by obtaining a written guarantee. The
guarantor must be the direct or higher-tier parent corporation of the owner or
operator, a firm whose parent corporation is also the parent corporation of the
owner or operator, or a firm with a "substantial business relationship" with
the owner or operator. The guarantor must meet the requirements for owners or
operators in paragraph (f) of this section and must comply with the terms of
the guarantee. The wording of the guarantee must be identical to the wording in
§ 264.151(h). The certified copy of the guarantee must accompany the
letter from the guarantor's chief financial officer and accountants' opinions.
If the guarantor's parent corporation is also the parent corporation of the
owner or operator, the letter from the guarantor's chief financial officer must
describe the value received in consideration of the guarantee. If the guarantor
is a firm with a "substantial business relationship" with the owner or
operator, this letter must describe this "substantial business relationship"
and the value received in consideration of the guarantee.
(2) For a new facility, the guarantee must be
effective and the guarantor must submit the items in paragraph (g)(1) of this
section and the items specified in paragraph (f)(2)(i) of this section to the
Director at least 60 days before the owner or operator places waste in the
facility.
(3) The terms of the
guarantee must provide that:
(i) If the owner
or operator fails to perform closure at a facility covered by the guarantee,
the guarantor will:
(A) Perform, or pay a
third party to perform closure (performance guarantee); or
(B) Establish a fully funded trust fund as
specified in paragraph (a) of this section in the name of the owner or operator
(payment guarantee).
(ii)
The guarantee will remain in force for as long as the owner or operator must
comply with the applicable financial assurance requirements of this subsection
unless the guarantor sends prior notice of cancellation by certified mail to
the owner or operator and to the Director. Cancellation may not occur, however,
during the 120 days beginning on the date of receipt of the notice of
cancellation by both the owner or operator and the Director as evidenced by the
return receipts.
(iii) If notice of
cancellation is given, the owner or operator must, within 90 days following
receipt of the cancellation notice by the owner or operator and the Director,
obtain alternate financial assurance, and submit documentation for that
alternate financial assurance to the Director. If the owner or operator fails
to provide alternate financial assurance and obtain the written approval of
such alternative assurance from the Director within the 90-day period, the
guarantor must provide that alternate assurance in the name of the owner or
operator and submit the necessary documentation for the alternative assurance
to the Director within 120 days of the cancellation notice.
(4) If a corporate guarantor no longer meets
the requirements of paragraph (f)(1) of this section, the owner or operator
must, within 90 days, obtain alternative assurance, and submit the assurance to
the Director for approval. If the owner or operator fails to provide alternate
financial assurance within the 90-day period, the guarantor must provide that
alternate assurance within the next 30 days, and submit it to the Director for
approval.
(5) The guarantor is no
longer required to meet the requirements of this paragraph (g) when:
(i) The owner or operator substitutes
alternate financial assurance as specified in this section; or
(ii) The owner or operator is released from
the requirements of this section in accordance with paragraph (j) of this
section.
(h)
Use of Multiple Financial Mechanisms. An owner or operator may use more than
one mechanism at a particular facility to satisfy the requirements of this
section. The acceptable mechanisms are trust funds, surety bonds guaranteeing
payment into a trust fund, letters of credit, insurance, the financial test,
and the guarantee, except owners or operators cannot combine the financial test
with the guarantee. The mechanisms must be as specified in paragraphs (a), (b),
(d), (e), (f), and (g) respectively of this section, except it is the
combination of mechanisms rather than a single mechanism that must provide
assurance for an amount at least equal to the cost estimate. If an owner or
operator uses a trust fund in combination with a surety bond or letter of
credit, he may use the trust fund as the standby trust for the other
mechanisms. A single trust fund can be established for two or more mechanisms.
The Director may use any or all of the mechanisms to provide for closure of the
facility.
(i) Use of a financial
mechanism for multiple facilities. An owner or operator may use a financial
mechanism for multiple facilities, as specified in § 264.143(h) of this
Rule.
(j) Release of the owner or
operator from the requirements of this section. Within 60 days after receiving
certifications from the owner or operator and an independent
Arkansas-registered professional engineer that final closure has been completed
in accordance with the approved closure plan, the Director will notify the
owner or operator in writing that the owner or operator is no longer required
by this section to maintain financial assurance for final closure of the
facility, unless the Director has reason to believe that final closure has not
been completed in accordance with the approved closure plan. The Director shall
provide the owner or operator with a detailed written statement of any such
reasons to believe that closure has not been conducted in accordance with the
approved closure plan.
§ 267.144
- 267.146
[Reserved]
§ 267.147
Liability
requirements.
(a) Coverage for sudden
accidental occurrences. An owner or operator of a hazardous waste treatment or
storage facility, or a group of such facilities, must demonstrate financial
responsibility for bodily injury and property damage to third parties caused by
sudden accidental occurrences arising from operations of the facility or group
of facilities. The owner or operator must have and maintain liability coverage
for sudden accidental occurrences in the amount of at least $1 million per
occurrence with an annual aggregate of at least $2 million, exclusive of legal
defense costs. This liability coverage may be demonstrated as specified in
paragraphs (a)(1) through (a)(7) of this section:
(1) Trust fund for liability coverage. An
owner or operator may meet the requirements of this section by obtaining a
trust fund for liability coverage as specified in
40 CFR
264.147(j).
(2) Surety bond for liability coverage. An
owner or operator may meet the requirements of this section by obtaining a
surety bond for liability coverage as specified in
40 CFR
264.147(i).
(3) Letter of credit for liability coverage.
An owner or operator may meet the requirements of this section by obtaining a
letter of credit for liability coverage as specified in
40 CFR
264.147(h).
(4) Insurance for liability coverage. An
owner or operator may meet the requirements of this section by obtaining
liability insurance as specified in
40 CFR
264.147(a)(1).
(5) Financial test for liability coverage. An
owner or operator may meet the requirements of this section by passing a
financial test as specified in paragraph (f) of this section.
(6) Guarantee for liability coverage. An
owner or operator may meet the requirements of this section by obtaining a
guarantee as specified in paragraph (g) of this section.
(7) Combination of mechanisms. An owner or
operator may demonstrate the required liability coverage through the use of
combinations of mechanisms as allowed by
40 CFR
264.147(a)(6).
(8) An owner or operator shall notify the
Director in writing within 30 days whenever:
(i) A claim results in a reduction in the
amount of financial assurance for liability coverage provided by a financial
instrument authorized in paragraphs (a)(1) through (a)(7) of this section;
or
(ii) A Certification of Valid
Claim for bodily injury or property damages caused by a sudden accidental
occurrence arising from the operation of a hazardous waste treatment, storage,
or disposal facility is entered between the owner or operator and third-party
claimant for liability coverage under paragraphs (a)(1) through (a)(7) of this
section; or
(iii) A final court
order establishing a judgment for bodily injury or property damage caused by a
sudden accidental occurrence arising from the operation of a hazardous waste
treatment, storage, or disposal facility is issued against the owner or
operator or an instrument that is providing financial assurance for liability
coverage under paragraphs (a)(1) through (a)(7) of this section.
(b) -(d)
[Reserved]
(e) Period of coverage.
Within 60 days after receiving certifications from the owner or operator and an
independent Arkansas-registered professional engineer that final closure has
been completed in accordance with the approved closure plan, the Director will
notify the owner or operator in writing that he is no longer required by this
section to maintain liability coverage from that facility, unless the Director
has reason to believe that closure has not been in accordance with the approved
closure plan.
(f) Financial test
for Liability Coverage. An owner or operator that satisfies the requirements of
this paragraph (f) may demonstrate financial assurance for liability up to the
amount specified in this paragraph (f):
(1)
Financial component.
(i) If using the
financial test for only liability coverage, the owner or operator must have
tangible net worth greater than the sum of the liability coverage to be
demonstrated by this test plus $10 million.
(ii) The owner or operator must have assets
located in the United States amounting to at least the amount of liability
covered by this financial test.
(iii) An owner or operator who is
demonstrating coverage for liability and any other environmental obligations,
including closure under § 267.143(f), through a financial test must meet
the requirements of § 267.143(f).
(2) Recordkeeping and reporting requirements.
(i) The owner or operator must submit the
following items to the Director:
(A) A letter
signed by the owner's or operator's chief financial officer that provides
evidence demonstrating that the firm meets the conditions of paragraphs
(f)(1)(i) and (f)(1)(ii) of this section. If the firm is providing only
liability coverage through a financial test for a facility or facilities with a
permit under § 267, the letter should use the wording in §
267.151(b). If the firm is providing only liability coverage through a
financial test for facilities regulated under part 267 and also Section 264 or
Section 265, it should use the letter in § 264.151(g). If the firm is
providing liability coverage through a financial test for a facility or
facilities with a permit under § 267, and it assures closure costs or any
other environmental obligations through a financial test, it must use the
letter in § 267.151(a) for the facilities issued a permit under §
267.
(B) A copy of the independent
certified public accountant's unqualified opinion of the owner's or operator's
financial statements for the latest completed fiscal year. To be eligible to
use the financial test, the owner's or operator's financial statements must
receive an unqualified opinion from the independent certified public
accountant. An adverse opinion, disclaimer of opinion, or other qualified
opinion will be cause for disallowance, with the potential exception for
qualified opinions provided in the next sentence. The Director may evaluate
qualified opinions on a case-by-case basis and allow use of the financial test
in cases where the Director deems that the matters which form the basis for the
qualification are insufficient to warrant disallowance of the test. If the
Director does not allow use of the test, the owner or operator must provide
alternate financial assurance that meets the requirements of this section
(§ 267.147) within 30 days after the notification of
disallowance.
(C) If the chief
financial officer's letter providing evidence of financial assurance includes
financial data showing that the owner or operator satisfies paragraphs
(f)(1)(i) and (ii) of this section that are different from data in the audited
financial statements referred to in paragraph (f)(2)(i)(B) of this section or
any other audited financial statement or data filed with the SEC, then a
special report from the owner's or operator's independent certified public
accountant to the owner or operator is required. The special report shall be
based upon an agreed upon procedures engagement in accordance with professional
auditing standards and shall describe the procedures performed in comparing the
data in the chief financial officer's letter derived from the independently
audited, year-end financial statements for the latest fiscal year with the
amounts in such financial statements, the findings of that comparison, and the
reasons for any differences.
(ii) The owner or operator of a new facility
must submit the items specified in paragraph (f)(2)(i) of this section to the
Director at least 60 days before placing waste in the facility.
(iii) After the initial submission of items
specified in paragraph (f)(2)(i) of this section, the owner or operator must
send updated information to the Director within 90 days following the close of
the owner or operator's fiscal year. The Director may provide up to an
additional 45 days for an owner or operator who can demonstrate that 90 days is
insufficient time to acquire audited financial statements. The updated
information must consist of all items specified in paragraph (f)(2)(i) of this
section.
(iv) The owner or operator
is no longer required to submit the items specified in this paragraph (f)(2) or
comply with the requirements of this paragraph (f) when:
(A) The owner or operator substitutes
alternate financial assurance as specified in this section that is not subject
to these recordkeeping and reporting requirements; or
(B) The Director releases the owner or
operator from the requirements of this section in accordance with paragraph (j)
of this section.
(v) An
owner or operator who no longer meets the requirements of paragraph (f)(1) of
this section cannot use the financial test to demonstrate financial assurance.
An owner or operator who no longer meets the requirements of paragraph (f)(1)
of this section, must:
(A) Send notice to the
Director of intent to establish alternate financial assurance as specified in
this section. The owner or operator must send this notice by certified mail
within 90 days following the close of the owner or operator's fiscal year for
which the year-end financial data show that the owner or operator no longer
meets the requirements of this section.
(B) Provide alternative financial within 120
days after the end of such fiscal year.
(vi) The Director may, based on a reasonable
belief that the owner or operator may no longer meet the requirements of
paragraph (f)(1) of this section, require at any time the owner or operator to
provide reports of its financial condition in addition to or including current
financial test documentation as specified in paragraph (f)(2) of this section.
If the Director finds that the owner or operator no longer meets the
requirements of paragraph (f)(1) of this section, the owner or operator must
provide alternate financial assurance that meets the requirements of this
section.
(g)
Guarantee for liability coverage.
(1) Subject
to paragraph (g)(2) of this section, an owner or operator may meet the
requirements of this section by obtaining a written guarantee, hereinafter
referred to as "guarantee." The guarantor must be the direct or higher-tier
parent corporation of the owner or operator, a firm whose parent corporation is
also the parent corporation of the owner or operator, or a firm with a
"substantial business relationship" with the owner or operator. The guarantor
must meet the requirements for owners or operators in paragraphs (f)(1) through
(f)(3) of this section. The wording of the guarantee must be identical to the
wording specified in
40 CFR
264.151(h)(2). A certified
copy of the guarantee must accompany the items sent to the Director as
specified in paragraph (f)(2) of this section. One of these items must be the
letter from the guarantor's chief financial officer. If the guarantor's parent
corporation is also the parent corporation of the owner or operator, this
letter must describe the value received in consideration of the guarantee. If
the guarantor is a firm with a "substantial business relationship" with the
owner or operator, this letter must describe this "substantial business
relationship" and the value received in consideration of the guarantee.
(i) If the owner or operator fails to satisfy
a judgment based on a determination of liability for bodily injury or property
damage to third parties caused by sudden accidental occurrences arising from
the operation guarantee, or fails to pay an amount agreed to in settlement of
claims arising from or alleged to arise from such injury or damage, the
guarantor will do so up to the limits of coverage.
(ii) [Reserved]
(2)
(i) In
the case of corporations incorporated in the United States, a guarantee may be
used to satisfy the requirements of this section only if the Attorneys General
or Insurance Commissioners of the State in which the guarantor is incorporated,
and each State in which a facility covered by the guarantee is located, have
submitted a written statement to EPA that a guarantee executed as described in
this section and § 264.151(h)(2) is a legally valid and enforceable
obligation in that State.
(ii) In
the case of corporations incorporated outside the United States, a guarantee
may be used to satisfy the requirements of this section only if:
(A) The non-U.S. corporation has identified a
registered agent for service of process in each State in which a facility
covered by the guarantee is located and in the State in which it has its
principal place of business; and
(B) The Attorney General or Insurance
Commissioner of each State in which a facility covered by the guarantee is
located and the State in which the guarantor corporation has its principal
place of business, has submitted a written statement to EPA that a guarantee
executed as described in this section and § 264.151(h)(2) is a legally
valid and enforceable obligation in that State.
§ 267.148
Incapacity of owners or operators, guarantors, or financial institutions
(a) An owner or operator must notify the
Director by certified mail of the commencement of a voluntary or involuntary
proceeding under Title 11 (Bankruptcy), U.S. Code, naming the owner or operator
as debtor, within 10 days after commencement of the proceeding. A guarantor of
a corporate guarantee as specified in §§ 267.143(g) and 267.147 (g)
must make such a notification if he is named as debtor, as required under the
terms of the corporate guarantee (§ 264.151(h)).
(b) An owner or operator who fulfills the
requirements of § 267.143 or § 267.147 by obtaining a trust fund,
surety bond, letter of credit, or insurance policy will be deemed to be without
the required financial assurance or liability coverage in the event of
bankruptcy of the trustee or issuing institution, or a suspension or revocation
of the authority of the trustee institution to act as trustee or of the
institution issuing the surety bond, letter of credit, or insurance policy to
issue such instruments. The owner or operator must establish other financial
assurance or liability coverage within 60 days after such an event.
§ 267.149
[Reserved]
§ 267.150
State assumption of responsibility
(a) If a State either assumes legal
responsibility for an owner's or operator's compliance with the closure care or
liability requirements of this section or assures that funds will be available
from State sources to cover those requirements, the owner or operator will be
in compliance with the requirements of § 267.143 or § 267.147 if the
Director determines that the State's assumption of responsibility is at least
equivalent to the financial mechanisms specified in this subsection. The
Director will evaluate the equivalency of State guarantees principally in terms
of: Certainty of the availability of funds for the required closure care
activities or liability coverage; and the amount of funds that will be made
available. The Director may also consider other factors as he deems
appropriate. The owner or operator must submit to the Director a letter from
the State describing the nature of the State's assumption of responsibility
together with a letter from the owner or operator requesting that the State's
assumption of responsibility be considered acceptable for meeting the
requirements of this subsection. The letter from the State must include, or
have attached to it, the following information: The facility's EPA
Identification Number, name, and address, and the amount of funds for closure
care or liability coverage that are guaranteed by the State. The Director will
notify the owner or operator of his determination regarding the acceptability
of the State's guarantee in lieu of financial mechanisms specified in this
subsection. The Director may require the owner or operator to submit additional
information as is deemed necessary to make this determination. Pending this
determination, the owner or operator will be deemed to be in compliance with
the requirements of § 267.143 or § 267.147, as applicable.
(b) If a State's assumption of responsibility
is found acceptable as specified in paragraph (a) of this section except for
the amount of funds available, the owner or operator may satisfy the
requirements of this subsection by use of both the State's assurance and
additional financial mechanisms as specified in this subsection. The amount of
funds available through the State and Federal mechanisms must at least equal
the amount required by this subsection.
§ 267.151
Wording of the
instruments
(a) The chief financial
officer of an owner or operator of a facility with a standardized permit who
uses a financial test to demonstrate financial assurance for that facility must
complete a letter as specified in § 267.143(f) of this Rule. The letter
must be worded as follows, except that instructions in brackets are to be
replaced with the relevant information and the brackets deleted:
I am the chief financial officer of [name and address of firm]. This letter is in support of this firm's use of the financial test to demonstrate financial assurance for closure costs, as specified in [insert "subsection H of Rule No. 23 § 267" or the citation to the corresponding state rule]. This firm qualifies for the financial test on the basis of having [insert "a current rating for its senior unsecured debt of AAA, AA, A, or BBB as issued by Standard and Poor's or Aaa, Aa, A or Baa as issued by Moody's" or "a ratio of less than 1.50 comparing total liabilities to net worth" or "a ratio of greater than 0.10 comparing the sum of net income plus depreciation, depletion and amortization, minus $10 million, to total liabilities."]
This firm [insert "is required" or "is not required"] to file a Form 10K with the Securities and Exchange Commission (SEC) for the latest fiscal year.
The fiscal year of this firm ends on [month, day]. The figures for the following items marked with an asterisk are derived from this firm's independently audited, year-end financial statements for the latest completed fiscal year, ended [date].
[If this firm qualifies on the basis of its bond rating fill in the requested information: "This firm has a rating of its senior unsecured debt of'"[insert the bond rating] "from" [insert "Standard and Poor's" or "Moody's"].
Complete Line 1. Total Liabilities below and then skip the remaining questions in the next section and resume completing the form at the section entitled Obligations Covered by a Financial Test or Corporate Guarantee.]
[If this firm qualifies for the financial test on the basis of its ratio of liabilities to net worth, or sum of income, depreciation, depletion, and amortization to net worth, please complete the following section.]
* 1. Total Liabilities
....... $ _____
* 2. Net Worth
................ $ _____
* 3. Net
Income .............. $ _____
* 4.
Depreciation ............ $ _____
*
5. Depletion (if applicable)
.......................... $ _____
*
6. Amortization ............ $ ______
* 7. Sum of Lines 3., 4., 5. & 6
.......................... $ _____
[If the above figures are taken directly from the most recent audited financial statements for this firm insert ''The above figures are taken directly from the most recent audited financial statements for this firm.'' If they are not, insert ''The following items are not taken directly from the firms most recent audited financial statements'' [insert the numbers of the items and attach an explanation of how they were derived.]
[Complete the following calculations]
8. Line 1. ??Line 2. = ..... _____
9. Line 7. ??Line 1. = ..... ______
Is Line 8. less than 1.5? __Yes ___No
Is Line 9 greater than 0.10? .......................... __Yes ___No
[If you did not answer Yes to either of these two questions, you cannot use the financial test and need not complete this letter. Instead, you must notify the permitting authority for the facility that you intend to establish alternate financial assurance as specified in 40 CFR 267.143. The owner or operator must send this notice by certified mail within 90 days following the close of the owner or operator's fiscal year for which the year-end financial data show that the owner or operator no longer meets the requirements of this section. The owner or operator must also provide alternative financial assurance within 120 days after the end of such fiscal year.]
Obligations Covered by a Financial Test or Corporate Guarantee
[On the following lines list all obligations that are covered by a financial test or a corporate guarantee extended by your firm. You may add additional lines and leave blank entries that do not apply to your situation.]
Hazardous Waste Facility Name and ID State Closure Post-Closure Corrective Action
Hazardous Waste Third Party Liability $
Municipal Waste Facilities State Closure Post-Closure Corrective Action
Underground Injection Control State Plugging Action
Petroleum Underground Storage Tanks
PCB Storage Facility Name and ID State Closure
Any financial assurance required under, or as part of an action undertaken under, the Comprehensive Environmental Response, Compensation, and Liability Act. Site name State Amount
_______________ ____ $ _______
Any other environmental obligations that are assured through a financial test.
Name Amount
________ $ _____ l
*
10. Total of all amounts $ _____
*
11. Line 10 + $10,000,000 = $ _____
* 12. Total Assets $ _____
* 13. Intangible Assets $ _____
* 14. Tangible Assets (Line 12.¥Line 13)
$ _____
* 15. Tangible Net Worth
(Line 14.¥Line 1.) $ ______
*
16. Assets in the United States $ _____
Is Line 15 greater than Line 11? ___Yes ___No
Is Line 16 no less than Line 10? ___Yes ___No
[You must be able to answer Yes to both these questions to use the financial test for this facility.]
I hereby certify that the wording of this letter is identical to the wording specified in 40 CFR 267.151 as such regulations were constituted on the date shown immediately below.
[Signature] _______________
[Name] __________________
[Title] ___________________
[Date] ___________________
[After completion, a signed copy of the form must be sent to the permitting authority of the state or territory where the facility is located. In addition, a signed copy must be sent to every authority who (1) requires a demonstration through a financial test for each of the other obligations in the letter that are assured through a financial test, or (2) accepts a guarantee for an obligation listed in this letter.]
(b) The chief financial
officer of an owner or operator of a facility with a standardized permit who
use a financial test to demonstrate financial assurance only for third party
liability for that (or other standardized permit) facility(ies) must complete a
letter as specified in Section 267.147(f) of this Rule. The letter must be
worded as follows, except that instructions in brackets are to be replaced with
the relevant information and the brackets deleted:
I am the chief financial officer of [name and address of firm]. This letter is in support of this firm's use of the financial test to demonstrate financial assurance for third party liability, as specified in [insert ''subsection H of 40 CFR section 267 '' or the citation to the corresponding state rules]. This firm qualifies for the financial test on the basis of having tangible net worth of at least $10 million more than the amount of liability coverage and assets in the United States of at least the amount of liability coverage.
This firm [insert ''is required'' or ''is not required''] to file a Form 10K with the Securities and Exchange Commission (SEC) for the latest fiscal year.
The fiscal year of this firm ends on [month, day]. The figures for the following items marked with an asterisk are derived from this firm's independently audited, year-end financial statements for the latest completed fiscal year, ended [date].
[Please complete the following section.]
*
1. Total Assets ............. $ ______
* 2. Intangible Assets ..... $
______
* 3. Tangible Assets (Line
1¥Line 2) ......... $ _____
*
4. Total Liabilities ....... $ ______
5. Tangible Net Worth (Line 3¥Line 4)
......... $ ______
* 6. Assets in
the United States .......................... $ ______
7. Amount of liability coverage
...................... $ _____
Is Line 5 At least $10 million greater than Line 7? ............ ___Yes ___No
Is Line 6 at least equal to Line 7? .................... ___Yes ___No
[You must be able to answer Yes to both these questions to use the financial test for this facility.]
I hereby certify that the wording of this letter is identical to the wording specified in 40 CFR 267.151 as such regulations were constituted on the date shown immediately below.
[Signature] __________________
[Name] _____________________
[Title] ______________________
[Date] _______________________
[After completion, a signed copy of the form must be sent to the permitting authority of the state or territory where the facility(ies) is(are) located.]
Subsection I
-- Use and Management of
Containers
§ 267.170
Does
this subsection apply to me?
This subsection applies to you if you own or operate a facility that treats or stores hazardous waste in containers under a 40 CFR section 270 subsection J standardized permit, except as provided in § 267.1(b).
§ 267.171
What standards apply to the containers?
Standards apply to the condition of the containers, to the compatibility of waste with the containers, and to the management of the containers.
(a) Condition of
containers. If a container holding hazardous waste is not in good condition
(for example, it exhibits severe rusting or apparent structural defects) or if
it begins to leak, you must either:
(1)
Transfer the hazardous waste from this container to a container that is in good
condition; or
(2) Manage the waste
in some other way that complies with the requirements of this
section.
(b)
Compatibility of waste with containers. To ensure that the ability of the
container to contain the waste is not impaired, you must use a container made
of or lined with materials that are compatible and will not react with the
hazardous waste to be stored.
(c)
Management of containers.
(1) You must always
keep a container holding hazardous waste closed during storage, except when you
add or remove waste.
(2) You must
never open, handle, or store a container holding hazardous waste in a manner
that may rupture the container or cause it to leak.
§ 267.172
What are the
inspection requirements?
At least weekly, you must inspect areas where you store containers, looking for leaking containers and for deterioration of containers and the containment system caused by corrosion or other factors.
§ 267.173
What
standards apply to the container storage areas?
(a) You must design and operate a containment
system for your container storage areas according to the requirements in
paragraph (b) of this section, except as otherwise provided by paragraph (c) of
this section.
(b) The design and
operating requirements for a containment system are:
(1) A base must underlie the containers that
is free of cracks or gaps and is sufficiently impervious to contain leaks,
spills, and accumulated precipitation until the collected material is detected
and removed.
(2) The base must be
sloped or the containment system, must be otherwise designed and operated to
drain and remove liquids resulting from leaks, spills, or precipitation, unless
the containers are elevated or are otherwise protected from contact with
accumulated liquids.
(3) The
containment system must have sufficient capacity to contain 10% of the volume
of containers, or the volume of the largest container, whichever is greater.
This requirement does not apply to containers that do not contain free
liquids.
(4) You must prevent
run-on into the containment system unless the collection system has sufficient
excess capacity, in addition to that required in paragraph (b)(3) of this
section, to contain the liquid.
(5)
You must remove any spilled or leaked waste and accumulated precipitation from
the sump or collection area as promptly as is necessary to prevent overflow of
the collection system.
(c) Except as provided in paragraph (d) of
this section, you do not need a containment system as defined in paragraph (b)
of this section for storage areas that store containers holding only wastes
with no free liquids, if:
(1) The storage
area is sloped or is otherwise designed and operated to drain and remove liquid
resulting from precipitation; or
(2) The containers are elevated or are
otherwise protected from contact with accumulated liquid.
(d) You must have a containment system
defined by paragraph (b) of this section for storage areas that store
containers holding F020, F021, F022, F023, F026, and F027 wastes, even if the
wastes do not contain free liquids.
§ 267.174
What special
requirements must I meet for ignitable or reactive waste?
You must locate containers holding ignitable or reactive waste at least 15 meters (50 feet) from your facility property line. You must also follow the general requirements for ignitable or reactive wastes that are specified in § 267.17(a).
§
267.175
What special requirements must I meet for
incompatible wastes?
(a) You must not
place incompatible wastes, or incompatible wastes and materials (see appendix V
to Section 264 for examples), in the same container, unless you comply with
§ 267.17(b).
(b) You must not
place hazardous waste in an unwashed container that previously held an
incompatible waste or material.
(c)
You must separate a storage container holding a hazardous waste that is
incompatible with any waste or with other materials stored nearby in other
containers, piles, open tanks, or surface impoundments from the other
materials, or protect the containers by means of a dike, berm, wall, or other
device.
§ 267.176
What must I do when I want to stop using the containers?
You must remove all hazardous waste and hazardous waste residues from the containment system. You must decontaminate or remove remaining containers, liners, bases, and soil containing, or contaminated with, hazardous waste or hazardous waste residues.
§ 267.177
What air emission
standards apply?
You must manage all hazardous waste placed in a container according to the requirements of subsections AA, BB, and CC of Section 264 of this rule. Under a standardized permit, the following control devices are permissible: Thermal vapor incinerator, catalytic vapor incinerator, flame, boiler, process heater, condenser, and carbon absorption unit.
Subsection J-Tank Systems
§ 267.190
Does this subsection
apply to me?
This subsection applies to you if you own or operate a facility that treats or stores hazardous waste in above-ground or on-ground tanks under a Section 270 subsection J standardized permit, except as provided in § 267.1(b).
(a) You do not have to meet
the secondary containment requirements in § 267.195 if your tank systems
do not contain free liquids and are situated inside a building with an
impermeable floor. You must demonstrate the absence or presence of free liquids
in the stored/treated waste, using Method 9095B (Paint Filter Liquids Test) as
described in ''Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods,'' EPA Publication SW-846, as incorporated by reference in §
260.11 of this rule.
(b) You do not
have to meet the secondary containment requirements of § 267.195(a) if
your tank system, including sumps, as defined in § 260.10 of this rule, is
part of a secondary containment system to collect or contain releases of
hazardous wastes.
§
267.191
What are the required design and construction
standards for new tank systems or components?
You must ensure that the foundation, structural support, seams, connections, and pressure controls (if applicable) are adequately designed and that the tank system has sufficient structural strength, compatibility with the waste(s) to be stored or treated, and corrosion protection to ensure that it will not collapse, rupture, or fail. You must obtain a written assessment, reviewed and certified by an independent, qualified Arkansas-registered professional engineer, following § 270.11(d) of this rule, attesting that the tank system has sufficient structural integrity and is acceptable for the storing and treating of hazardous waste. This assessment must include, at a minimum, the following information:
(a) Design standard(s) for the construction
of tank(s) and/or the ancillary equipment.
(b) Hazardous characteristics of the waste(s)
to be handled.
(c) For new tank
systems or components in which the external shell of a metal tank or any
external metal component of the tank system will be in contact with the soil or
with water, a determination by a corrosion expert of:
(1) Factors affecting the potential for
corrosion, such as:
(i) Soil moisture
content.
(ii) Soil pH.
(iii) Soil sulfides level.
(iv) Soil resistivity.
(v) Structure to soil potential.
(vi) Existence of stray electric
current.
(vii) Existing
corrosion-protection measures (for example, coating, cathodic
protection).
(2) The type
and degree of external corrosion protection needed to ensure the integrity of
the tank system during the use of the tank system or component, consisting of
one or more of the following:
(i)
Corrosion-resistant materials of construction such as special alloys,
fiberglass reinforced plastic, etc.
(ii) Corrosion-resistant coating (such as
epoxy, fiberglass, etc.) with cathodic protection (for example, impressed
current or sacrificial anodes) and
(iii) Electrical isolation devices such as
insulating joints, flanges, etc.
(d) Design considerations to ensure that:
(1) Tank foundations will maintain the load
of a full tank.
(2) Tank systems
will be anchored to prevent flotation or dislodgment where the tank system is
placed in a saturated zone, or is located within a seismic fault zone subject
to the standards of § 267.18(a).
(3) Tank systems will withstand the effects
of frost heave.
§
267.192
What handling and inspection procedures must I
follow during installation of new tank systems?
(a) You must ensure that you follow proper
handling procedures to prevent damage to a new tank system during installation.
Before placing a new tank system or component in use, an independent, qualified
installation inspector or an independent, qualified,
Arkansas-registered professional engineer, either of whom is trained
and experienced in the proper installation of tank systems or components, must
inspect the system for the presence of any of the following items:
(1) Weld breaks.
(2) Punctures.
(3) Scrapes of protective coatings.
(4) Cracks.
(5) Corrosion.
(6) Other structural damage or inadequate
construction/installation.
(b) You must remedy all discrepancies before
the tank system is placed in use.
§ 267.193
What testing must I
do?
You must test all new tanks and ancillary equipment for tightness before you place them in use. If you find a tank system that is not tight, you must perform all repairs necessary to remedy the leak(s) in the system before you cover, enclose, or place the tank system into use.
§ 267.194
What
installation requirements must I follow?
(a) You must support and protect ancillary
equipment against physical damage and excessive stress due to settlement,
vibration, expansion, or contraction.
(b) You must provide the type and degree of
corrosion protection recommended by an independent corrosion expert, based on
the information provided under § 267.191(c), to ensure the integrity of
the tank system during use of the tank system. An independent corrosion expert
must supervise the installation of a corrosion protection system that is field
fabricated to ensure proper installation.
(c) You must obtain, and keep at the
facility, written statements by those persons required to certify the design of
the tank system and to supervise the installation of the tank system as
required in §§ 267.192, 267.193, and paragraphs (a) and (b) of this
section. The written statement must attest that the tank system was properly
designed and installed and that you made repairs under §§ 267.192 and
267.193. These written statements must also include the certification statement
as required in § 270.11(d).
§ 267.195
What are the secondary
containment requirements?
To prevent the release of hazardous waste or hazardous constituents to the environment, you must provide secondary containment that meets the requirements of this section for all new and existing tank systems.
(a) Secondary containment
systems must be:
(1) Designed, installed, and
operated to prevent any migration of wastes or accumulated liquid out of the
system to the soil, groundwater, or surface water at any time during the use of
the tank system; and
(2) Capable of
detecting and collecting releases and accumulated liquids until the collected
material is removed.
(b)
To meet the requirements of paragraph (a) of this section, secondary
containment systems must be, at a minimum:
(1)
Constructed of or lined with materials that are compatible with the wastes(s)
to be placed in the tank system and must have sufficient strength and thickness
to prevent failure owing to pressure gradients (including static head and
external hydrological forces), physical contact with the waste to which it is
exposed, climatic conditions, and the stress of daily operation (including
stresses from nearby vehicular traffic).
(2) Placed on a foundation or base capable of
providing support to the secondary containment system, resistance to pressure
gradients above and below the system, and capable of preventing failure due to
settlement, compression, or uplift.
(3) Provided with a leak-detection system
that is designed and operated so that it will detect the failure of either the
primary or secondary containment structure or the presence of any release of
hazardous waste or accumulated liquid in the secondary containment system
within 24 hours.
(4) Sloped or
otherwise designed or operated to drain and remove liquids resulting from
leaks, spills, or precipitation. You must remove spilled or leaked waste and
accumulated precipitation from the secondary containment system within 24
hours, or as promptly as possible, to prevent harm to human health and the
environment.
§
267.196
What are the required devices for secondary
containment and what are their design, operating and installation
requirements?
(a) Secondary containment
for tanks must include one or more of the following:
(1) A liner (external to the tank).
(2) A double-walled tank.
(3) An equivalent device; you must maintain
documentation of equivalency at the facility.
(b) External liner systems must be:
(1) Designed or operated to contain 100
percent of the capacity of the largest tank within its boundary.
(2) Designed or operated to prevent run-on or
infiltration of precipitation into the secondary containment system unless the
collection system has sufficient excess capacity to contain run-on or
infiltration. The additional capacity must be sufficient to contain
precipitation from a 25-year, 24-hour rainfall event.
(3) Free of cracks or gaps.
(4) Designed and installed to surround the
tank completely and to cover all surrounding earth likely to come into contact
with the waste if the waste is released from the tank(s) (that is, capable of
preventing lateral as well as vertical migration of the waste).
(c) Double-walled tanks must be:
(1) Designed as an integral structure (that
is, an inner tank completely enveloped within an outer shell) so that any
release from the inner tank is contained by the outer shell.
(2) Protected, if constructed of metal, from
both corrosion of the primary tank interior and of the external surface of the
outer shell.
(3) Provided with a
built-in continuous leak detection system capable of detecting a release within
24 hours.
§
267.197
What are the requirements for ancillary
equipment?
You must provide ancillary equipment with secondary containment (for example, trench, jacketing, double walled piping) that meets the requirements of § 267.195 (a) and (b), except for:
(a) Above ground piping (exclusive of
flanges, joints, valves, and other connections) that are visually inspected for
leaks on a daily basis;
(b) Welded
flanges, welded joints, and welded connections, that are visually inspected for
leaks on a daily basis;
(c)
Sealless or magnetic coupling pumps and sealless valves, that are visually
inspected for leaks on a daily basis; and
(d) Pressurized above ground piping systems
with automatic shut-off devices (for example, excess flow check valves, flow
metering shutdown devices, loss of pressure actuated shut-off devices) that are
visually inspected for leaks on a daily basis.
§ 267.198
What are the general
operating requirements for my tank systems?
(a) You must not place hazardous wastes or
treatment reagents in a tank system if they could cause the tank, its ancillary
equipment, or the containment system to rupture, leak, corrode, or otherwise
fail.
(b) You must use appropriate
controls and practices to prevent spills and overflows from tank or containment
systems. These include, at a minimum:
(1)
Spill prevention controls (for example, check valves, dry disconnect
couplings).
(2) Overfill prevention
controls (for example, level sensing devices, high level alarms, automatic feed
cutoff, or bypass to a standby tank).
(3) Sufficient freeboard in uncovered tanks
to prevent overtopping by wave or wind action or by precipitation.
(c) You must comply with the
requirements of § 267.200 if a leak or spill occurs in the tank
system.
§ 267.199
What inspection requirements must I meet?
You must comply with the following requirements for scheduling, conducting, and documenting inspections.
(a) Develop and follow a schedule and
procedure for inspecting overfill controls.
(b) Inspect at least once each operating day:
(1) Aboveground portions of the tank system
to detect corrosion or releases of waste.
(2) Data gathered from monitoring and leak
detection equipment (for example, pressure or temperature gauges, monitoring
wells) to ensure that the tank system is being operated according to its
design.
(3) The construction
materials and the area immediately surrounding the externally accessible
portion of the tank system, including the secondary containment system (for
example, dikes) to detect erosion or signs of releases of hazardous waste (for
example, wet spots, dead vegetation).
(c) Inspect cathodic protection systems, if
present, according to, at a minimum, the following schedule to ensure that they
are functioning properly:
(1) Confirm that the
cathodic protection system is operating properly within six months after
initial installation and annually thereafter.
(2) Inspect and/or test all sources of
impressed current, as appropriate, at least every other month.
(d) Document, in the operating
record of the facility, an inspection of those items in paragraphs (a) through
(c) of this section.
§
267.200
What must I do in case of a leak or a spill?
If there has been a leak or a spill from a tank system or secondary containment system, or if either system is unfit for use, you must remove the system from service immediately, and you must satisfy the following requirements:
(a) Immediately stop the
flow of hazardous waste into the tank system or secondary containment system
and inspect the system to determine the cause of the release.
(b) Remove the waste from the tank system or
secondary containment system.
(1) If the
release was from the tank system, you must, within 24 hours after detecting the
leak, remove as much of the waste as is necessary to prevent further release of
hazardous waste to the environment and to allow inspection and repair of the
tank system to be performed.
(2) If
the material released was to a secondary containment system, you must remove
all released materials within 24 hours or as quickly as possible to prevent
harm to human health and the environment.
(c) Immediately conduct a visual inspection
of the release and, based upon that inspection:
(1) Prevent further migration of the leak or
spill to soils or surface water.
(2) Remove, and properly dispose of, any
visible contamination of the soil or surface water.
(d) Report any release to the environment,
except as provided in paragraph (d)(1) of this section, to the Director within
24 hours of its detection. If you have reported the release pursuant to 40 CFR
part 302, that report will satisfy this requirement.
(1) You need not report on a leak or spill of
hazardous waste if it is:
(i) Less than or
equal to a quantity of one (1) pound; and
(ii) Immediately contained and cleaned
up.
(2) Within 30 days of
detection of a release to the environment, you must submit a report to the
Director containing the following information:
(i) The likely route of migration of the
release.
(ii) The characteristics
of the surrounding soil (soil composition, geology, hydrogeology,
climate).
(iii) The results of any
monitoring or sampling conducted in connection with the release (if available).
If sampling or monitoring data relating to the release are not available within
30 days, you must submit these data to the Director as soon as they become
available.
(iv) The proximity to
down gradient drinking water, surface water, and populated areas.
(v) A description of response actions taken
or planned.
(e)
Either close the system or make necessary repairs.
(1) Unless you satisfy the requirements of
paragraphs (e)(2) and (3) of this section, you must close the tank system
according to § 267.201.
(2) If
the cause of the release was a spill that has not damaged the integrity of the
system, you may return the system to service as soon as you remove the released
waste and make any necessary repairs.
(3) If the cause of the release was a leak
from the primary tank system into the secondary containment system, you must
repair the system before returning the tank system to
service.
(f) If you have
made extensive repairs to a tank system in accordance with paragraph (e) of
this section (for example, installation of an internal liner; repair of a
ruptured primary containment or secondary containment vessel), you may not
return the tank system to service unless the repair is certified by an
independent, qualified, Arkansas-registered, professional engineer
in accordance with § 270.11(d).
(1) The engineer must certify that the
repaired system is capable of handling hazardous wastes without release for the
intended life of the system.
(2)
You must submit this certification to the Director within seven days after
returning the tank system to use.
§ 267.201
What must I do when I
stop operating the tank system?
When you close a tank system, you must remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated soils, and structures and equipment contaminated with waste, and manage them as hazardous waste, unless 40 CFR 261.3(d) applies. The closure plan, closure activities, cost estimates for closure, and financial responsibility for tank systems must meet all of the requirements specified in subsections G and H of this section.
§ 267.202
What special
requirements must I meet for ignitable or reactive wastes?
(a) You may not place ignitable or reactive
waste in tank systems, unless:
(1) You treat,
render, or mix the waste before or immediately after placement in the tank
system so that:
(i) You comply with §
267.17(b); and
(ii) The resulting
waste, mixture, or dissolved material no longer meets the definition of
ignitable or reactive waste under § 261.21 or § 261.23 of this Rule;
or
(2) You store or treat
the waste in such a way that it is protected from any material or conditions
that may cause the waste to ignite or react; or
(3) You use the tank system solely for
emergencies.
(b) If you
store or treat ignitable or reactive waste in a tank, you must comply with the
requirements for the maintenance of protective distances between the waste
management area and any public ways, streets, alleys, or an adjoining property
line that can be built upon as required in Tables 2-1 through 2-6 of the
National Fire Protection Association's ''Flammable and Combustible Liquids
Code,'' (1977 or 1981), (incorporated by reference, see §
260.11).
§ 267.203
What special requirements must I meet for incompatible wastes?
(a) You may not place incompatible wastes, or
incompatible wastes and materials, in the same tank system, unless you comply
with § 267.17(b).
(b) You may
not place hazardous waste in a tank system that has not been decontaminated and
that previously held an incompatible waste or material, unless you comply with
§ 267.17(b).
§
267.204
What air emission standards apply?
You must manage all hazardous waste placed in a tank following the requirements of subsections AA, BB, and CC of Section 264 of this Rule. Under a standardized permit, the following control devices are permissible: Thermal vapor incinerator, catalytic vapor incinerator, flame, boiler, process heater, condenser, and carbon absorption unit.
Subsections K through CC
[Reserved]
Subsection DD
-- Containment buildings
§
267.1100
Does this subsection apply to me?
This subsection applies to you if you own or operate a facility that treats or stores hazardous waste in containment buildings under a Section 270 subsection J standardized permit, except as provided in § 267.1(b). Storage and/or treatment in your containment building is not land disposal as defined in § 268.2 if your unit meets the requirements of §§ 267.1101, 267.1102, and 267.1103.
§
267.1101
What design and operating standards must my
containment building meet?
Your containment building must comply with the design and operating standards in this section. The Division will consider standards established by professional organizations generally recognized by the industry such as the American Concrete Institute (ACI) and the American Society of Testing Materials (ASTM) in judging the structural integrity requirements of this section.
(a) The containment
building must be completely enclosed with a floor, walls, and a roof to prevent
exposure to the elements, (e.g., precipitation, wind, run-on), and to assure
containment of managed wastes.
(b)
The floor and containment walls of the unit, including the secondary
containment system, if required under § 267.1103, must be designed and
sufficient strength and thickness to:
(1)
Support themselves, the waste contents, and any personnel and heavy equipment
that operates within the unit.
(2)
Prevent failure due to:
(i) Pressure
gradients, settlement, compression, or uplift.
(ii) Physical contact with the hazardous
wastes to which they are exposed.
(iii) Climatic conditions.
(iv) Stresses of daily operation, including
the movement of heavy equipment within the unit and contact of such equipment
with containment walls.
(v)
Collapse or other failure.
(c) All surfaces to be in contact with
hazardous wastes must be chemically compatible with those wastes.
(d) You must not place incompatible hazardous
wastes or treatment reagents in the unit or its secondary containment system if
they could cause the unit or secondary containment system to leak, corrode, or
otherwise fail.
(e) A containment
building must have a primary barrier designed to withstand the movement of
personnel, waste, and handling equipment in the unit during the operating life
of the unit and appropriate for the physical and chemical characteristics of
the waste to be managed.
(f) If
appropriate to the nature of the waste management operation to take place in
the unit, an exception to the structural strength requirement may be made for
light-weight doors and windows that meet these criteria:
(1) They provide an effective barrier against
fugitive dust emissions under § 267.1102(d).
(2) The unit is designed and operated in a
fashion that assures that wastes will not actually come in contact with these
openings.
(g) You must
inspect and record in the facility's operating record, at least once every
seven days, data gathered from monitoring equipment and leak detection
equipment, as well as the containment building and the area immediately
surrounding the containment building to detect signs of releases of hazardous
waste.
(h) You must obtain
certification by a independent qualified Arkansas-registered
professional engineer that the containment building design meets the
requirements of §§ 267.1102, 267.1103, and paragraphs (a) through (f)
of this section.
§
267.1102
What other requirements must I meet to prevent
releases?
You must use controls and practices to ensure containment of the hazardous waste within the unit, and must, at a minimum:
(a) Maintain the primary barrier to be free
of significant cracks, gaps, corrosion, or other deterioration that could cause
hazardous waste to be released from the primary barrier.
(b) Maintain the level of the stored/treated
hazardous waste within the containment walls of the unit so that the height of
any containment wall is not exceeded.
(c) Take measures to prevent personnel or by
equipment used in handling the waste from tracking hazardous waste out of the
unit. You must designate an area to decontaminate equipment, and you must
collect and properly manage any rinsate.
(d) Take measures to control fugitive dust
emissions such that any openings (doors, windows, vents, cracks, etc.) exhibit
no visible emissions (see 40 CFR part 60, appendix A, Method 22- Visual
Determination of Fugitive Emissions from Material Sources and Smoke Emissions
from Flares). In addition, you must operate and maintain all associated
particulate collection devices (for example, fabric filter, electrostatic
precipitator) with sound air pollution control practices. You must effectively
maintain this state of no visible emissions at all times during routine
operating and maintenance conditions, including when vehicles and personnel are
entering and exiting the unit.
§
267.1103
What additional design and operating standards
apply if liquids will be in my containment building?
If your containment building will be used to manage hazardous wastes containing free liquids or treated with free liquids, as determined by the paint filter test, by a visual examination, or by other appropriate means, you must include:
(a) A primary
barrier designed and constructed of materials to prevent the migration of
hazardous constituents into the barrier (for example, a geomembrane covered by
a concrete wear surface).
(b) A
liquid collection and removal system to minimize the accumulation of liquid on
the primary barrier of the containment building.
(1) The primary barrier must be sloped to
drain liquids to the associated collection system; and
(2) You must collect and remove liquids and
waste to minimize hydraulic head on the containment system at the earliest
practicable time.
(c) A
secondary containment system, including a secondary barrier designed and
constructed to prevent migration of hazardous constituents into the barrier,
and a leak detection system capable of detecting failure of the primary barrier
and collecting accumulated hazardous wastes and liquids at the earliest
practical time.
(1) You may meet the
requirements of the leak detection component of the secondary containment
system by installing a system that is, at a minimum:
(i) Constructed with a bottom slope of 1
percent or more; and
(ii)
Constructed of a granular drainage material with a hydraulic conductivity of 1
x10-2 cm/sec or more and a thickness of 12 inches
(30.5 cm) or more, or constructed of synthetic or geonet drainage materials
with a transmissivity of 3x10-5
m2 sec or more.
(2) If you will be conducting treatment in
the building, you must design the area in which the treatment will be conducted
to prevent the release of liquids, wet materials, or liquid aerosols to other
portions of the building.
(3) You
must construct the secondary containment system using materials that are
chemically resistant to the waste and liquids managed in the containment
building and of sufficient strength and thickness to prevent collapse under the
pressure exerted by overlaying materials and by any equipment used in the
containment building.
§
267.1104
How may I obtain a waiver from secondary
containment requirements?
Notwithstanding any other provision of this subsection, the Director may waive requirements for secondary containment for a permitted containment building where:
(a) You
demonstrate that the only free liquids in the unit are limited amounts of dust
suppression liquids required to meet occupational health and safety
requirements, and
(b) Containment
of managed wastes and dust suppression liquids can be assured without a
secondary containment system.
§
267.1105
What do I do if my containment building contains
areas both with and without secondary containment?
For these containment buildings, you must:
(a) Design and operate each area in
accordance with the requirements enumerated in §§ 267.1101 through
267.1103.
(b) Take measures to
prevent the release of liquids or wet materials into areas without secondary
containment.
(c) Maintain in the
facility's operating log a written description of the operating procedures used
to maintain the integrity of areas without secondary containment.
§ 267.1106
What do I do
if I detect a release?
Throughout the active life of the containment building, if you detect a condition that could lead to or has caused a release of hazardous waste, you must repair the condition promptly, in accordance with the following procedures.
(a) Upon detection of a
condition that has led to a release of hazardous waste (for example, upon
detection of leakage from the primary barrier), you must:
(1) Enter a record of the discovery in the
facility operating record;
(2)
Immediately remove the portion of the containment building affected by the
condition from service;
(3)
Determine what steps you must take to repair the containment building, to
remove any leakage from the secondary collection system, and to establish a
schedule for accomplishing the cleanup and repairs; and
(4) Within 7 days after the discovery of the
condition, notify the Director of the condition, and within 14 working days,
provide a written notice to the Director with a description of the steps taken
to repair the containment building, and the schedule for accomplishing the
work.
(b) The Director
will review the information submitted, make a determination regarding whether
the containment building must be removed from service completely or partially
until repairs and cleanup are complete, and notify you of the determination and
the underlying rationale in writing.
(c) Upon completing all repairs and cleanup,
you must notify the Director in writing and provide a verification, signed by a
qualified, registered professional engineer, that the repairs and cleanup have
been completed according to the written plan submitted in accordance with
paragraph (a)(4) of this section.
§ 267. 1107 Can a containment building itself be considered secondary containment? Containment buildings can serve as secondary containment systems for tanks placed within the building under certain conditions.
(a) A containment
building can serve as an external liner system for a tank, provided it meets
the requirements of § 267.196(a).
(b) The containment building must also meet
the requirements of § 267.195(a), (b)(1) and (2) to be considered an
acceptable secondary containment system for a tank.
§ 267.1107
Can a containment
building itself be considered secondary containment?
Containment buildings can serve as secondary containment systems for tanks placed within the building under certain conditions.
(a) A containment building can serve as an
external liner system for a tank, provided it meets the requirements of
§267.196(a).
(b) The
containment building must also meet the requirements of § 267.195(a),
(b)(1) and (2) to be considered an acceptable secondary containment system for
a tank.
§ 267.1108
What must I do when I stop operating the containment building?
When you close a containment building, you must remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate and manage them as hazardous waste unless 40 CFR 261.3(d) applies. The closure plan, closure activities, cost estimates for closure, and financial responsibility for containment buildings must meet all of the requirements specified in subsections G and H of this section.
Section
268
- LAND DISPOSAL RESTRICTIONS
Subsection A
-- General
§ 268.1
Purpose, scope and
applicability
(a) This section
identifies hazardous wastes that are restricted from land disposal and defines
those limited circumstances under which an otherwise prohibited waste may
continue to be land disposed.
(b)
Except as specifically provided otherwise in this section or Section 261 of
this rule, the requirements of this section apply to persons who generate or
transport hazardous waste and owners and operators of hazardous waste
treatment, storage, and disposal facilities.
(c) Restricted wastes may continue to be land
disposed as follows:
(1) Where persons have
been granted an extension to the effective date of a prohibition under
Subsection C of this section or pursuant to § 268.5, with respect to those
wastes covered by the extension;
(2) Where persons have been granted an
exemption from a prohibition pursuant to a petition under § 268.6, with
respect to those wastes and units covered by the petition;
(3) Wastes that are hazardous only because
they exhibit a hazardous characteristic, and which are otherwise prohibited
under this Section, or 40 CFR Part 148, are not prohibited if the wastes:
(i) Are disposed into a nonhazardous or
hazardous injection well as defined under
40 CFR
146.6(a); and
(ii) Do not exhibit any prohibited
characteristic of hazardous waste identified in 40 CFR 261, subpart C at the
point of injection.
(4)
Wastes that are hazardous only because they exhibit a hazardous characteristic,
and which are otherwise prohibited under this part, are not prohibited if the
wastes meet any of the following criteria, unless the wastes are subject to a
specified method of treatment other than DEACT in § 268.40, or are D003
reactive cyanide:
(i) The wastes are managed
in a treatment system which subsequently discharges to waters of the U.S.
pursuant to a permit issued under section 402 of the Clean Water Act;
or
(ii) The wastes are treated for
purposes of the pretreatment requirements of section 307 of the Clean Water
Act; or
(iii) The wastes are
managed in a zero discharge system engaged in Clean Water Act-equivalent
treatment as defined in § 268.37(a); and
(iv) The wastes no longer exhibit a
prohibited characteristic at the point of land disposal (i.e., placement in a
surface impoundment).
(d) The requirements of this section shall
not affect the availability of a waiver under section 121(d)(4) of the federal
Comprehensive Environmental Response, Compensation, and Liability Act of 1980
(CERCLA).
(e) The following
hazardous wastes are not subject to any provision of Section 268:
(1) Waste generated by very small quantity
generators, as defined in § 260.10 of this rule;
(2) Waste pesticides that a farmer disposes
of pursuant to § 262.70;
(3)
Wastes identified or listed as hazardous after November 8, 1984 for which EPA
has not promulgated land disposal prohibitions or treatment
standards;
(4) De minimis losses of
characteristic wastes to wastewaters are not considered to be prohibited wastes
and are defined as losses from normal material handling operations (e.g. spills
from the unloading or transfer of materials from bins or other containers,
leaks from pipes, valves or other devices used to transfer materials); minor
leaks of process equipment, storage tanks or containers; leaks from well-
maintained pump packings and seals; sample purgings; and relief device
discharges; discharges from safety showers and rinsing and cleaning of personal
safety equipment; rinsate from empty containers or from containers that are
rendered empty by that rinsing; and laboratory wastes not exceeding one per
cent of the total flow of wastewater into the facility's headworks on an annual
basis, or with a combined annualized average concentration not exceeding one
part per million in the headworks of the facility's wastewater treatment or
pretreatment facility.
(f) Universal waste handlers and universal
waste transporters (as defined in § 260.10) are exempt from § 268.7
and 268.50 for the hazardous wastes listed below. These handlers are subject to
regulation under § 273.
(1) Batteries as
described in § 273.2;
(2)
Pesticides as described in § 273.3 of this rule;
(3) Mercury-containing devices as described
in § 273.4 of this rule;
(4)
Lamps as described in § 273.5 of this rule; and
(5)
Consumer electronic items as
described in § 273.6.
§ 268.2
Definitions applicable in
this section.
When used in this section, the following terms have the meanings given below:
(a) "Halogenated
organic compounds" or "HOCs" means those compounds having a carbon-halogen bond
which are listed under Appendix III to this section.
(b) "Hazardous constituent or constituents"
means those constituents listed in Appendix VIII to section 261 of this
rule.
(c) "Land disposal" means
placement in or on the land, except in a corrective action management unit or
staging pile, and includes, but is not limited to, placement in a landfill,
surface impoundment, waste pile, injection well, land treatment facility, salt
dome formation, salt bed formation, underground mine or cave, or placement in a
concrete vault, or bunker intended for disposal purposes.
(d) "Nonwastewaters" are wastes that do not
meet the criteria for wastewaters in paragraph (f) of this section.
(e) "Polychlorinated biphenyls" or "PCBs" are
halogenated organic compounds defined in accordance with
40
CFR 761.3.
(f) "Wastewaters" are wastes that contain
less than 1% by weight total organic carbon (TOC) and less than 1% by weight
total suspended solids (TSS).
(g)
"Debris" means solid material exceeding a 60 mm particle size that is intended
for disposal and that is: a manufactured object; or plant or animal matter; or
natural geologic material. However, the following materials are not debris: any
material for which a specific treatment standard is provided in Subsection D,
Section 268, namely lead acid batteries, cadmium batteries, and radioactive
lead solids; process residuals such as smelter slag and residues from the
treatment of waste, wastewater, sludges, or air emission residues; and intact
containers of hazardous waste that are not ruptured and that retain at least
75% of their original volume. A mixture of debris that has not been treated to
the standards provided by § 268.45 and other material is subject to
regulation as debris if the mixture is comprised primarily of debris, by
volume, based on visual inspection.
(h) "Hazardous debris" means debris that
contains a hazardous waste listed in subsection D of section 261 of this rule,
or that exhibits a characteristic of hazardous waste identified in subsection C
of section 261 of this rule. Any deliberate mixing of prohibited hazardous
waste with debris that changes its treatment classification (i.e., from waste
to hazardous debris) is not allowed under the dilution prohibition in §
268.3.
(i) "Underlying hazardous
constituent" means any constituent listed in § 268.48, Table UTS-Universal
Treatment Standards, except fluoride, selenium, sulfides, vanadium, and zinc,
which can reasonably be expected to be present at the point of generation of
the hazardous waste, at a concentration above the constituent-specific UTS
treatment standard.
(j) "Inorganic
metal-bearing waste" is one for which EPA has established treatment standards
for metal hazardous constituents, and which does not otherwise contain
significant organic or cyanide content as described in § 268.3(c)(1), and
is specifically listed in Appendix XI of this section.
(k) "Soil" means unconsolidated earth
material composing the superficial geologic strata (material overlying
bedrock), consisting of clay, silt, sand, or gravel size particles as
classified by the U.S. Natural Resources Conservation Service, or a mixture of
such materials with liquids, sludges or solids which is inseparable by simple
mechanical removal processes and is made up primarily of soil by volume based
on visual inspection. Any deliberate mixing of prohibited hazardous waste with
soil that changes its treatment classification (i.e., from waste to
contaminated soil) is not allowed under the dilution prohibition in §
268.3.
§ 268.3
Dilution prohibited as a substitute for treatment
(a) Except as provided in paragraph (b) of
this section, no generator, transporter, handler, or owner or operator of a
treatment, storage, or disposal facility shall in any way dilute a restricted
waste or the residual from treatment of a restricted waste as a substitute for
adequate treatment to achieve compliance with subsection D of this section, to
circumvent the effective date of a prohibition in subsection C of this section,
to otherwise avoid a prohibition in subsection C of this section, or to
circumvent a land disposal prohibition imposed by RCRA section 3004.
(b) Dilution of wastes that are hazardous
only because they exhibit a characteristic in treatment systems which include
land- based units which treat wastes subsequently discharged to a water of the
United States pursuant to a permit issued under section 402 of the Clean Water
Act (CWA), or which treat wastes in a CWA-equivalent treatment system, or which
treat wastes for the purposes of pretreatment requirements under section 307 of
the CWA is not impermissible dilution for purposes of this section unless a
method other than DEACT has been specified in § 268.40 as the treatment
standard, or unless the waste is a D003 reactive cyanide wastewater or
nonwastewater.
(c) Combustion of
the hazardous waste codes listed in Appendix XI of this Section is prohibited,
unless the waste, at the point of generation, or after any bona fide treatment
such as cyanide destruction prior to combustion, can be demonstrated to comply
with one or more of the following criteria (unless otherwise specifically
prohibited from combustion):
(1) the waste
contains hazardous organic constituents or cyanide at levels exceeding the
constituent-specific treatment standard found in § 268.48;
(2) The waste consists of organic,
debris-like materials (e.g., wood, paper, plastic, or cloth) contaminated with
an inorganic metal-bearing hazardous waste;
(3) The waste, at point of generation, has
reasonable heating value such as greater than or equal to 5000 BTU per
pound;
(4) The waste is
co-generated with wastes for which combustion is a required method of
treatment;
(5) The waste is subject
to Federal and/or State requirements necessitating reduction of organics
(including biological agents); or
(6) The waste contains greater than 1% Total
Organic Carbon (TOC).
(d)
It is a form of impermissible dilution, and therefore prohibited, to add iron
filings or other metallic forms of iron to lead-containing hazardous wastes in
order to achieve any land disposal restriction treatment standard for lead.
Lead-containing wastes include D008 wastes (wastes exhibiting a characteristic
due to the presence of lead), all characteristic wastes containing lead as an
underlying hazardous constituent, listed wastes containing lead as a regulated
constituent, and hazardous media containing any of the aforementioned
lead-containing wastes.
§
268.4
Treatment surface impoundment exemption.
(a) Wastes which are otherwise prohibited
from land disposal under this section may be treated in a surface impoundment
or series of impoundments provided that:
(1)
Treatment of such wastes occurs in the impoundments;
(2) The following conditions are met:
(i) Sampling and testing. For wastes with
treatment standards in Subsection D of this section and/or prohibition levels
in Subsection C of this section or RCRA section 3004(d), the residues from
treatment are analyzed, as specified in § 268.7 or § 268.32, to
determine if they meet the applicable treatment standards or where no treatment
standards have been established for the waste, the applicable prohibition
levels. The sampling method, specified in the waste analysis plan under §
264.13 or § 265.13, must be designed such that representative samples of
the sludge and the supernatant are tested separately rather than mixed to form
homogeneous samples.
(ii) Removal.
The following treatment residues (including any liquid waste) must be removed
at least annually; residues which do not meet the treatment standards
promulgated under subsection D of this section; residues which do not meet the
prohibition levels established under subsection C of this section or imposed by
statute (where no treatment standards have been established); residues which
are from the treatment of wastes prohibited from land disposal under subsection
C of this section (where no treatment standards have been established and no
prohibition levels apply); or residues from managing listed wastes which are
not delisted under § 260.22 of this rule. If the volume of liquid flowing
through the impoundment or series of impoundments annually is greater than the
volume of the impoundment or impoundments, this flow-through constitutes
removal of the supernatant for the purpose of this requirement.
(iii) Subsequent management. Treatment
residues may not be placed in any other surface impoundment for subsequent
management.
(iv) Recordkeeping:
Sampling and testing and recordkeeping provisions of §§ 264.13 and
265.13 of this rule apply.
(3) The impoundment meets the design
requirements of § 264.221(c) or § 265.221(a) of this rule, regardless
that the unit may not be new, expanded, or a replacement, and be in compliance
with applicable ground water monitoring requirements of Subsection F of Section
264 or Section 265 of this rule unless:
(i)
Exempted pursuant to § 264.221 (d) or (e) of this rule, or to §
265.221 (c) or (d) of this rule; or,
(ii) Upon application by the owner or
operator, the Director, after notice and an opportunity to comment, has granted
a waiver of the requirements on the basis that the surface impoundment:
(A) Has at least one liner, for which there
is no evidence that such liner is leaking;
(B) Is located more than one-quarter mile
from an underground source of drinking water; and
(C) Is in compliance with generally
applicable ground water monitoring requirements for facilities with permits;
or,
(iii) Upon
application by the owner or operator, the Director, after notice and an
opportunity to comment, has granted a modification to the requirements on the
basis of a demonstration that the surface impoundment is located, designed, and
operated so as to assure that there will be no migration of any hazardous
constituent into ground water or surface water at any future time.
(4) The owner or operator submits
to the Director a written certification that the requirements of §
268.4(a)(3) have been met. The following certification is required:
I certify under penalty of law that the requirements of Rule No. 23 § 268.4(a)(3) have been met for all surface impoundments being used to treat restricted wastes. I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.
(b)
Evaporation of hazardous constituents as the principal means of treatment is
not considered to be treatment for purposes of an exemption under this section.
§ 268.5
Procedures for case-by-case extensions to an effective date.
(a) Any person who generates, treats, stores,
or disposes of a hazardous waste may submit an application to the EPA
Administrator for an extension to the effective date of any applicable
restriction established under Subsection C of this section. The applicant must
demonstrate the following:
(1) He has made a
good-faith effort to locate and contract with treatment, recovery, or disposal
facilities nationwide to manage his waste in accordance with the effective date
of the applicable restriction established under Subsection C of this
section;
(2) He has entered into a
binding contractual commitment to construct or otherwise provide alternative
treatment, recovery (e.g., recycling), or disposal capacity that meets the
treatment standards specified in Subsection D or, where treatment standards
have not been specified, such treatment, recovery, or disposal capacity is
protective of human health and the environment.
(3) Due to circumstances beyond the
applicant's control, such alternative capacity cannot reasonably be made
available by the applicable effective date. This demonstration may include a
showing that the technical and practical difficulties associated with providing
the alternative capacity will result in the capacity not being available by the
applicable effective date;
(4) The
capacity being constructed or otherwise provided by the applicant will be
sufficient to manage the entire quantity of waste that is the subject of the
application;
(5) He provides a
detailed schedule for obtaining required operating and construction permits or
an outline of how and when alternative capacity will be available;
(6) He has arranged for adequate capacity to
manage his waste during an extension and has documented in the application the
location of all sites at which the waste will be managed; and
(7) Any waste managed in a surface
impoundment or landfill during the extension period will meet the requirements
of paragraph (h)(2) of this section.
(b) An authorized representative signing an
application described under paragraph (a) of this section shall make the
following certification:
"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment."
(c) After
receiving an application for an extension, the Administrator may request any
additional information which he deems as necessary to evaluate the
application.
(d) An extension will
apply only to the waste generated at the individual facility covered by the
application and will not apply to restricted waste from any other
facility.
(e) On the basis of the
information referred to in paragraph (a) of this section, after notice and
opportunity for comment, and after consultation with appropriate State agencies
in all affected States, the Administrator may grant an extension of up to 1
year from the effective date. The Administrator may renew this extension for up
to 1 additional year upon the request of the applicant if the demonstration
required in paragraph (a) of this section can still be made. In no event will
an extension extend beyond 24 months from the applicable effective date
specified in Subsection C of section 268. The length of any extension
authorized will be determined by the Administrator based on the time required
to construct or obtain the type of capacity needed by the applicant as
described in the completion schedule discussed in paragraph (a)(5) of this
section. The Administrator will give public notice of the intent to approve or
deny a petition and provide an opportunity for public comment. The final
decision on a petition will be published in the Federal
Register.
(f) Any person
granted an extension under this section must immediately notify the
Administrator as soon as he has knowledge of any change in the conditions
certified to in the application.
(g) Any person granted an extension under
this section shall submit written progress reports at intervals designated by
the Administrator. Such reports must describe the overall progress made toward
constructing or otherwise providing alternative treatment, recovery or disposal
capacity; must identify any event which may cause or has caused a delay in the
development of the capacity; and must summarize the steps taken to mitigate the
delay. The Administrator can revoke the extension at any time if the applicant
does not demonstrate a good-faith effort to meet the schedule for completion,
if the Agency denies or revokes any required permit, if conditions certified in
the application change, or for any violation of this rule.
(h) Whenever the Administrator establishes an
extension to an effective date under this section, during the period for which
such extension is in effect:
(1) The storage
restrictions under § 268.50(a) do not apply; and
(2) Such hazardous waste may be disposed in a
landfill or surface impoundment only if such unit is in compliance with the
technical requirements of the following provisions regardless of whether such
unit is existing, new, or a replacement or lateral expansion.
(i) The landfill, if in interim status, is in
compliance with the requirements of Subsection F of section 265 and §
265.301 (a), (c), and (d) of this rule; or,
(ii) The landfill, if permitted, is in
compliance with the requirements of Subsection F of section 264 and §
264.301 (c), (d) and (e) of this rule; or
(iii) The surface impoundment, if in interim
status, is in compliance with the requirements of Subsection F of section 265,
§ 265.221 (a), (c), and (d) of this rule, and RCRA section 3005(j)(1);
or
(iv) The surface impoundment, if
permitted, is in compliance with the requirements of Subsection F of section
264 and § 264.221 (c), (d) and (e) of this rule; or
(v) The surface impoundment, if newly subject
to RCRA section 3005(j)(1) due to the promulgation of additional listings or
characteristics for the identification of hazardous waste, is in compliance
with the requirements of Subsection F of section 265 of this rule within 12
months after the promulgation of additional listings or characteristics of
hazardous waste, and with the requirements of § 265.221 (a), (c) and (d)
of this rule within 48 months after the promulgation of additional listings or
characteristics of hazardous waste. If a national capacity variance is granted,
during the period the variance is in effect, the surface impoundment, if newly
subject to RCRA section 3005(j)(1) due to the promulgation of additional
listings or characteristics of hazardous waste, is in compliance with the
requirements of Subsection F of section 265 of this rule within 12 months after
the promulgation of additional listings or characteristics of hazardous waste,
and with the requirements of § 265.221 (a), (c) and (d) of this rule
within 48 months after the promulgation of additional listings or
characteristics of hazardous waste; or
(vi) The landfill, if disposing of
containerized liquid hazardous wastes containing PCBs at concentrations greater
than or equal to 50 ppm but less than 500 ppm, is also in compliance with the
requirements of
40 CFR
761.75 and sections 264 and 265 of this
rule.
(i)
Pending a decision on the application the applicant is required to comply with
all restrictions on land disposal under this section once the effective date
for the waste has een reached.
§
268.6
Petitions to allow land disposal of a waste prohibited
under Subsection C of Section 268.
(a)
Any person seeking an exemption from a prohibition under Subsection C of this
section for the disposal of a restricted hazardous waste in a particular unit
or units must submit a petition to the EPA Administrator demonstrating, to a
reasonable degree of certainty, that there will be no migration of hazardous
constituents from the disposal unit or injection zone for as long as the wastes
remain hazardous. The demonstration must include the following components:
(1) An identification of the specific waste
and the specific unit for which the demonstration will be made;
(2) A waste analysis to describe fully the
chemical and physical characteristics of the subject waste;
(3) A comprehensive characterization of the
disposal unit site including an analysis of background air, soil, and water
quality;
(4) A monitoring plan that
detects migration at the earliest practicable time;
(5) Sufficient information to assure the
Administrator that the owner or operator of a land disposal unit receiving
restricted waste(s) will comply with other applicable Federal, State, and local
laws.
(b) The
demonstration referred to in paragraph (a) of this section must meet the
following criteria:
(1) All waste and
environmental sampling, test, and analysis data must be accurate and
reproducible to the extent that state-of-the-art techniques allow;
(2) All sampling, testing, and estimation
techniques for chemical and physical properties of the waste and all
environmental parameters must have been approved by the
Administrator;
(3) Simulation
models must be calibrated for the specific waste and site conditions, and
verified for accuracy by comparison with actual measurements;
(4) A quality assurance and quality control
plan that addresses all aspects of the demonstration must be approved by the
Administrator; and,
(5) An analysis
must be performed to identify and quantify any aspects of the demonstration
that contribute significantly to uncertainty. This analysis must include an
evaluation of the consequences of predictable future events, including, but not
limited to, earthquakes, floods, severe storm events, droughts, or other
natural phenomena.
(c)
Each petition referred to in paragraph (a) of this section must include the
following:
(1) A monitoring plan that
describes the monitoring program installed at and/or around the unit to verify
continued compliance with the conditions of the variance. This monitoring plan
must provide information on the monitoring of the unit and/or the environment
around the unit. The following specific information must be included in the
plan:
(i) The media monitored in the cases
where monitoring of the environment around the unit is required;
(ii) The type of monitoring conducted at the
unit, in the cases where monitoring of the unit is required;
(iii) The location of the monitoring
stations;
(iv) The monitoring
interval (frequency of monitoring at each station);
(v) The specific hazardous constituents to be
monitored;
(vi) The implementation
schedule for the monitoring program;
(vii) The equipment used at the monitoring
stations;
(viii) The sampling and
analytical techniques employed; and
(ix) The data recording/reporting
procedures.
(2) Where
applicable, the monitoring program described in paragraph (c)(1) of this
section must be in place for a period of time specified by the Administrator,
as part of his approval of the petition, prior to receipt of prohibited waste
at the unit.
(3) The monitoring
data collected according to the monitoring plan specified under paragraph
(c)(1) of this section must be sent to the Administrator according to a format
and schedule specified and approved in the monitoring plan, and
(4) A copy of the monitoring data collected
under the monitoring plan specified under paragraph (c)(1) of this section must
be kept on-site at the facility in the operating record.
(5) The monitoring program specified under
paragraph (c)(1) of this section meets the following criteria:
(i) All sampling, testing, and analytical
data must be approved by the Administrator and must provide data that is
accurate and reproducible.
(ii) All
estimation and monitoring techniques must be approved by the
Administrator.
(iii) A quality
assurance and quality control plan addressing all aspects of the monitoring
program must be provided to and approved by the Administrator.
(d) Each petition must
be submitted to the Administrator.
(e) After a petition has been approved, the
owner or operator must report any changes in conditions at the unit and/or the
environment around the unit that significantly depart from the conditions
described in the variance and affect the potential for migration of hazardous
constituents from the units as follows:
(1)
If the owner or operator plans to make changes to the unit design,
construction, or operation, such a change must be proposed, in writing, and the
owner or operator must submit a demonstration to the Administrator at least 30
days prior to making the change. The Administrator will determine whether the
proposed change invalidates the terms of the petition and will determine the
appropriate response. Any change must be approved by the Administrator prior to
being made.
(2) If the owner or
operator discovers that a condition at the site which was modeled or predicted
in the petition does not occur as predicted, this change must be reported, in
writing, to the Administrator within 10 days of discovering the change. The
Administrator will determine whether the reported change from the terms of the
petition requires further action, which may include termination of waste
acceptance and revocation of the petition, petition modifications, or other
responses.
(f) If the
owner or operator determines that there is migration of hazardous
constituent(s) from the unit, the owner or operator must:
(1) Immediately suspend receipt of prohibited
waste at the unit, and
(2) Notify
the Administrator, in writing, within 10 days of the determination that a
release has occurred.
(3) Following
receipt of the notification the Administrator will determine, within 60 days of
receiving notification, whether the owner or operator can continue to receive
prohibited waste in the unit and whether the variance is to be revoked. The
Administrator shall also determine whether further examination of any migration
is warranted under applicable provisions of section 264 or section
265.
(g) Each petition
must include the following statement signed by the petitioner or an authorized
representative:
I certify under penalty of law that I have personally examined and am familiar with the information submitted in this petition and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.
(h) After receiving a petition, the
Administrator may request any additional information that reasonably may be
required to evaluate the demonstration.
(i) If approved, the petition will apply to
land disposal of the specific restricted waste at the individual disposal unit
described in the demonstration and will not apply to any other restricted waste
at that disposal unit, or to that specific restricted waste at any other
disposal unit.
(j) The
Administrator will give public notice in the Federal Register
of the intent to approve or deny a petition and provide an opportunity
for public comment. The final decision on a petition will be published in the
Federal Register.
(k) The term of a petition granted under this
section shall be no longer than the term of the RCRA permit if the disposal
unit is operating under a RCRA permit, or up to a maximum of 10 years from the
date of approval provided under paragraph (g) of this section if the unit is
operating under interim status. In either case, the term of the granted
petition shall expire upon the termination or denial of a RCRA permit, or upon
the termination of interim status or when the volume limit of waste to be land
disposed during the term of petition is reached.
(l) Prior to the Administrator's decision,
the applicant is required to comply with all restrictions on land disposal
under this section once the effective date for the waste has been
reached.
(m) The petition granted
by the Administrator does not relieve the petitioner of his responsibilities in
the management of hazardous waste under this Rule and 40 CFR parts 260 through
part 271.
(n) Liquid hazardous
wastes containing polychlorinated biphenyls at concentrations greater than or
equal to 500 ppm are not eligible for an exemption under this section.
§ 268.7
Testing, tracking, and recordkeeping requirements for generators, treaters, and
disposal facilities.
(a) Requirements
for generators:
(1) A generator of hazardous
waste must determine if the waste has to be treated before it can be land
disposed. This is done by determining if the hazardous waste meets the
treatment standards in §268.40, §268.45, or §268.49. This
determination can be made concurrently with the hazardous waste determination
required in § 262.11 of this rule, in either of two ways: testing the
waste or using knowledge of the waste. If the generator tests the waste,
testing would normally determine the total concentration of hazardous
constituents, or the concentration of hazardous constituents in an extract of
the waste obtained using test method 1311 in "Test Methods of Evaluating Solid
Waste, Physical/Chemical Methods," EPA Publication SW-846, (incorporated by
reference, see § 260.11 of this rule), depending on whether the treatment
standard for the waste is expressed as a total concentration or concentration
of hazardous constituent in the waste's extract. (Alternatively, the generator
must send the waste to a RCRA-permitted hazardous waste treatment facility,
where the waste treatment facility must comply with the requirements of §
264.13 of this rule and paragraph (b) of this section.) In addition, some
hazardous wastes must be treated by particular treatment methods before they
can be land disposed and some soils are contaminated by such hazardous wastes.
These treatment standards are also found in §268.40, and are described in
detail in §268.42, Table 1. These wastes, and soils contaminated with such
wastes, do not need to be tested (however, if they are in a waste mixture,
other wastes with concentration level treatment standards would have to be
tested). If a generator determines they are managing a waste or soil
contaminated with a waste, that displays a hazardous characteristic of
ignitability, corrosivity, reactivity, or toxicity, they must comply with the
special requirements of §268.9 of this section in addition to any
applicable requirements in this section.
(2) If the waste or contaminated soil does
not meet the treatment standards or if the generator chooses not to make the
determination of whether his waste must be treated, with the initial shipment
of waste to each treatment or storage facility, the generator must send a
one-time written notice to each treatment or storage facility receiving the
waste, and place a copy in the file. The notice must include the information in
column "268.7(a)(2)" of the Generator Paperwork Requirements Table in §
268.7(a)(4) of this section. (Alternatively, if the generator chooses not to
make the determination of whether the waste must be treated, the notification
must include the EPA Hazardous Waste Numbers and Manifest Number of the first
shipment and must state "This hazardous waste may or may not be subject to the
LDR treatment standards. The treatment facility must make the determination.").
No further notification is necessary until such time that the waste or facility
changes, in which case a new notification must be sent and a copy placed in the
generator's file.
(i) For contaminated soil,
the following certification statement should be included, signed by an
authorized representative: "I certify under penalty of law that I personally
have examined this contaminated soil and it [does/does not] contain listed
hazardous waste and [does/does not] exhibit a characteristic of hazardous waste
and requires treatment to meet the soil treatment standards as provided by
§ 268.49(c)."
(ii)
[Reserved]
(3) If the
waste or contaminated soil meets the treatment standard at the original point
of generation:
(i) With the initial shipment
of waste to each treatment, storage, or disposal facility, the generator must
send a one-time written notice to each treatment, storage, or disposal facility
receiving the waste, and place a copy in the file. The notice must include the
information indicated in column "268.7(a)(3)" of the Generator Paperwork
Requirements Table in § 268.7(a)(4) and the following certification
statement, signed by an authorized representative:
"I certify under penalty of law that I personally have examined and am familiar with the waste through analysis and testing or through knowledge of the waste to support this certification that the waste complies with the treatment standards specified in 40 CFR Part 268 subpart D. I believe that the information I submitted is true, accurate, and complete. I am aware that there are significant penalties for submitting a false certification, including the possibility of a fine and imprisonment."
(ii) For contaminated soil, with the initial
shipment of wastes to each treatment, storage, or disposal facility, the
generator must send a one-time written notice to each facility receiving the
waste and place a copy in the file. The notice must include the information in
column "268.7(a)(3)" of the Generator Paperwork Requirements Table in §
268.7(a)(4).
(iii) If the waste
changes, the generator must send a new notice and certification to the
receiving facility, and place a copy in their files. Generators of hazardous
debris excluded from the definition of hazardous waste under § 261.3(f) of
this rule are not subject to these requirements.
(4) For reporting, tracking, and
recordkeeping when exceptions allow certain wastes or contaminated soil that do
not meet the treatment standards to be land disposed: There are certain
exemptions from the requirement that hazardous wastes or contaminated soil meet
treatment standards before they can be land disposed. These include, but are
not limited to case-by-case extensions under § 268.5, disposal in a
no-migration unit under § 268.6, or a national capacity variance or
case-by-case capacity variance under subpart C of this part. If a generator's
waste is so exempt, then with the initial shipment of waste, the generator must
send a one-time written notice to each land disposal facility receiving the
waste. The notice must include the information indicated in column
"268.7(a)(4)" of the Generator Paperwork Requirements Table in this section. If
the waste changes, the generator must send a new notice to the receiving
facility, and place a copy in their files.
Generator Paperwork Requirements Table
|
§ 268.7 (a)(2) |
§ 268.7 (a)(3) |
§ 268.7(a)(4) |
§ 268.7 (a)(9) |
|
|
1. EPA Hazardous Waste Numbers and Manifest Number of first shipment |
X |
X |
X |
X |
|
2. Statement: this waste is not prohibited from land disposal |
X |
|||
|
3. The waste is subject to the LDRs. The constituents of concern for F001-F005, and F039, and underlying hazardous constituents in characteristic wastes, unless the waste will be treated and monitored for all constituents. If all constituents will be treated and monitored, there is no need to put them all on the LDR notice |
X |
X |
||
|
4. The notice must include the applicable wastewater/nonwastewater category (see Sec. Sec. 268.2(d) and (f)) and subdivisions made within a waste code based on waste-specific criteria (such as D003 reactive cyanide) |
X |
X |
||
|
5. Waste analysis data (when available) |
X |
X |
X |
|
|
6. Date the waste is subject to the prohibition |
X |
|||
|
7. For hazardous debris, when treating with the alternative treatment technologies provided by § 268.45: the contaminants subject to treatment, as described in § 268.45(b); and an indication that these contaminants are being treated to comply with §268.45 |
X |
X |
||
|
8. For contaminated soil subject to LDRs as provided in § 268.49(a), the constituents subject to treatment as described in § 268.49(d), and the following statement: This contaminated soil [does/does not] contain listed hazardous waste and [does/does not] exhibit a characteristic of hazardous waste and [is subject to/complies with] the soil treatment standards as provided by § 268.49(c) or the universal treatment standards. |
X |
X |
||
|
9. A certification is needed (see applicable section for exact wording). |
(5) If
a generator is managing and treating prohibited waste or contaminated soil in
tanks, containers, or containment buildings regulated under §§
262.15, 262.16, and 262.17 to meet applicable LDR treatment standards found at
§ 268.40, the generator must develop and follow a written waste analysis
plan which describes the procedures they will carry out to comply with the
treatment standards. (Generators treating hazardous debris under the
alternative treatment standards of Table 1, § 268.45, however, are not
subject to these waste analysis requirements.) The plan must be kept on site in
the generator's records, and the following requirements must be met:
(i) The waste analysis plan must be based on
a detailed chemical and physical analysis of a representative sample of the
prohibited waste(s) being treated, and contain all information necessary to
treat the waste(s) in accordance with the requirements of this section,
including the selected testing frequency.
(ii) Such plan must be kept in the facility's
on-site files and made available to inspectors.
(iii) Wastes shipped off-site pursuant to
this paragraph must comply with the notification requirements of §
268.7(a)(3).
(6) If a
generator determines that the waste is restricted based solely on his knowledge
of the waste, all supporting data used to make this determination must be
retained on-site in the generator's files. If a generator determines that the
waste is restricted based on testing this waste or an extract developed using
the test method 1311 in "Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods," EPA Publication SW-846, as referenced in §
260.11 of this rule, all waste analysis data must be retained on-site in the
generator's files.
(7) If a
generator determines that he is managing a restricted waste that is excluded
from the definition of hazardous or solid waste or exempt from Subtitle C rule,
under §§ 261.2 through 261.6 subsequent to the point of generation
(including deactivated characteristic hazardous wastes managed in wastewater
treatment systems subject to the Clean Water Act (CWA) as specified at §
261.4(a)(2), or are CWA-equivalent), he must place a one-time notice stating
such generation, subsequent exclusion from the definition of hazardous or solid
waste or exemption from RCRA Subtitle C rule, and the disposition of the waste,
in the facility's file.
(8)
Generators must retain on-site a copy of all notices, certifications, waste
analysis data, and other documentation produced pursuant to this section for at
least three (3) years from the date that the waste that is the subject of such
documentation was last sent to on-site or off-site treatment, storage, or
disposal. The three year record retention period is automatically extended
during the course of any unresolved enforcement action regarding the regulated
activity or as requested by the Director. The requirements of this paragraph
apply to solid wastes even when the hazardous characteristic is removed prior
to disposal, or when the waste is excluded from the definition of hazardous or
solid waste under §§ 261.2 through 261.6, or exempted from Subtitle C
rule, subsequent to the point of generation.
(9) If a generator is managing a lab pack
containing hazardous wastes and wishes to use the alternative treatment
standard for lab packs found at § 268.42(c):
(i) With the initial shipment of waste to a
treatment facility, the generator must submit a notice that provides the
information in column "§ 268.7(a)(9)" in the Generator Paperwork
Requirements Table of paragraph (a)(4) of this section, and the following
certification. The certification, which must be signed by an authorized
representative and must be placed in the generator's files, must say the
following:
"I certify under penalty of law that I personally have examined and am familiar with the waste and that the lab pack contains only wastes that have not been excluded under Appendix IV to 40 CFR section 268 and that this lab pack will be sent to a combustion facility in compliance with the alternative treatment standards for lab packs at 40 CFR 268.42(c). I am aware that there are significant penalties for submitting a false certification, including the possibility of fine or imprisonment."
(ii) No further notification is necessary
until such time that the wastes in the lab pack change, or the receiving
facility changes, in which case a new notice and certification must be sent and
a copy placed in the generator's file.
(iii) If the lab pack contains characteristic
hazardous wastes (D001-D043), underlying hazardous constituents (as defined in
§ 268.2(i)) need not be determined.
(iv) The generator must also comply with the
requirements in paragraphs (a)(6) and (a)(7) of this section.
(10) [Reserved]
(b) Treatment facilities
must test their wastes according to the frequency specified in their waste
analysis plans as required by § 264.13 (for permitted TSDs) or §
265.13 (for interim status facilities). Such testing must be performed as
provided in paragraphs (b)(1), (b)(2) and (b)(3) of this section.
(1) For wastes with treatment standards
expressed as concentrations in the waste extract (TCLP), the owner or operator
of the treatment facility must test an extract of the treatment residues, using
test method 1311 (the Toxicity Characteristic Leaching Procedure, described in
"Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA
Publication SW-846 as incorporated by reference in § 260.11 of this rule),
to assure that the treatment residues extract meet the applicable treatment
standards.
(2) For wastes with
treatment standards expressed as concentrations in the waste, the owner or
operator of the treatment facility must test the treatment residues (not an
extract of such residues) to assure that they meet the applicable treatment
standards.
(3) A one-time notice
must be sent with the initial shipment of waste to the land disposal facility.
A copy of the notice must be placed in the treatment facility's file.
(i) No further notification is necessary
until such time that the waste or receiving facility change, in which case a
new notice must be sent and a copy placed in the treatment facility's
file.
(ii) The one-time notice must
include these requirements:
TSDF Paperwork Requirements Table
|
Required Information |
§ 268.7(b) |
|
1. EPA Hazardous Waste & Manifest number of first shipment. |
X |
|
2. The waste is subject to the LDRs. The constituents of concern for F001-F002, and F039, and underlying hazardous constituents (for wastes that are not managed in a Clean Water Act (CWA) or CWA-equivalent facility), unless the waste will be treated and monitored for all constituents. If all constituents will be treated and monitored, there is no need to put them all on the LDR notice. |
X |
|
3. The notice must include the applicable wastewater/ non-wastewater category (see § 268.2(d) and (f)) and subdivisions made within a waste codebased on waste-specific criteria (such as D003 reactive cyanide) |
X |
|
4. Waste analysis data (when available) |
X |
|
5. A certifcation statement is needed (see applicable section for exact wording) |
X |
(4) The treatment facility must submit a
one-time certification signed by an authorized representative with the initial
shipment of waste or treatment residue of a restricted waste to the land
disposal facility. The certification must state: "I certify under penalty of
law that I have personally examined and am familiar with the treatment
technology and operation of the treatment process used to support this
certification. Based on my inquiry of those individuals immediately responsible
for obtaining this information, I believe that the treatment process has been
operated and maintained properly so as to comply with the treatment standards
specified in
40 CFR
268.40 without impermissible dilution of the
prohibited waste. I am aware there are significant penalties for submitting a
false certification, including the possibility of fine and imprisonment."
A certification is also necessary for contaminated soil and it must state:
"I certify under penalty of law that I have personally examined and am familiar with the treatment technology and operation of the treatment process used to support this certification and believe that it has been maintained and operated properly so as to comply with treatment standards specified in 40 CFR 268.49 without impermissible dilution of the prohibited wastes. I am aware there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment."
(i) A copy of the
certification must be placed in the treatment facility's on-site files. If the
waste or treatment residue changes, or the receiving facility changes, a new
certification must be sent to the receiving facility, and a copy placed in the
file.
(ii) Debris excluded from the
definition of hazardous waste under § 261.3(f) of this rule (i.e., debris
treated by an extraction or destruction technology provided by Table 1, §
268.45, and debris that the Director has determined does not contain hazardous
waste), however, is subject to the notification and certification requirements
of paragraph (d) of this section rather than the certification requirements of
this paragraph.
(iii) For wastes
with organic constituents having treatment standards expressed as concentration
levels, if compliance with the treatment standards is based in whole or in part
on the analytical detection limit alternative specified in § 268.40(d),
the certification, signed by an authorized representative, must state the
following:
"I certify under penalty of law that I have personally examined and am familiar with the treatment technology and operation of the treatment process used to support this certification. Based on my inquiry of those individuals immediately responsible for obtaining this information, I believe that the nonwastewater organic constituents have been treated by combustion units as specified in § 268.42, Table 1. I have been unable to detect the nonwastewater organic constituents, despite having used best good-faith efforts to analyze for such constituents. I am aware there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment."
(iv) For
characteristic wastes that are subject to the treatment standards in §
268.40 (other than those expressed as a method of treatment), or § 268.49,
and that contain underlying hazardous constituents as defined in §
268.2(i); if these wastes are treated on-site to remove the hazardous
characteristic; and are then sent off-site for treatment of underlying
hazardous constituents, the certification must state the following: "I certify
under penalty of law that the waste has been treated in accordance with the
requirements of
40 CFR
268.40 or
268.49
to remove the hazardous characteristic. This decharacterized waste contains
underlying hazardous constituents that require further treatment to meet
treatment standards. I am aware that there are significant penalties for
submitting a false certification, including the possibility of fine and
imprisonment."
(v) For
characteristic wastes that contain underlying hazardous constituents as defined
at § 268.2(i) that are treated on-site to remove the hazardous
characteristic to treat underlying hazardous constituents to levels in §
268.48 Universal Treatment Standards, the certification must state the
following: "I certify under penalty of law that the waste has been treated in
accordance with the requirements of
40 CFR
268.40 to remove the hazardous characteristic
and that underlying hazardous constituents, as defined in § 268.2(i) have
been treated on-site to meet the§ 268.48 Universal Treatment Standards. I
am aware that there are significant penalties for submitting a false
certification, including the possibility of fine and
imprisonment."
(5) If the
waste or treatment residue will be further managed at a different treatment,
storage, or disposal facility, the treatment, storage, or disposal facility
sending the waste or treatment residue off-site must comply with the notice and
certification requirements applicable to generators under this
section.
(6) Where the wastes are
recyclable materials used in a manner constituting disposal subject to the
provisions of § 266.20(b) of this rule regarding treatment standards and
prohibition levels, the owner or operator of a treatment facility (i.e., the
recycler) must, for the initial shipment of waste, prepare a one-time
certification described in paragraph (b)(4) of this section, and a one-time
notice which includes the information in paragraph (b)(3) of this section
(except the manifest number). The certification and notification must be placed
in the facility's on-site files. If the waste or the receiving facility
changes, a new certification and notification must be prepared and placed in
the on site files. In addition, the recycling facility must also keep records
of the name and location of each entity receiving the hazardous waste-derived
product.
(c) Except where
the owner or operator is disposing of any waste that is a recyclable material
used in a manner constituting disposal pursuant to § 266.20(b), the owner
or operator of any land disposal facility disposing any waste subject to
restrictions under this part must:
(1) Have
copies of the notice and certifications specified in paragraph (a) or (b) of
this section.
(2) Test the waste,
or an extract of the waste or treatment residue developed using test method
1311 (the Toxicity Characteristic Leaching Procedure, described in "Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication
SW-846 as incorporated by reference in § 260.11 of this chapter), to
assure that the wastes or treatment residues are in compliance with the
applicable treatment standards set forth in subsection D of this Section. Such
testing must be performed according to the frequency specified in the
facility's waste analysis plan as required by § 264.13 or § 265.13 of
this rule.
(d) Generators
or treaters who first claim that hazardous debris is excluded from the
definition of hazardous waste under § 261.3(f) of this rule (i.e., debris
treated by an extraction or destruction technology provided by Table 1, §
268.45, and debris that the EPA Regional Administrator (or his designated
representative) or State authorized to implement 40 CFR Part 268 requirements
has determined does not contain hazardous waste) are subject to the following
notification and certification requirements:
(1) A one-time notification, including the
following information, must be submitted to the DEQ.
(i) The name and address of the RCRA Subtitle
D facility receiving the treated debris;
(ii) A description of the hazardous debris as
initially generated, including the applicable EPA Hazardous Waste Number(s);
and
(iii) For debris excluded under
§ 261.3(f)(1) of this rule, the technology from Table 1, § 268.45,
used to treat the debris.
(2) The notification must be updated if the
debris is shipped to a different facility, and, for debris excluded under
§ 261.3(f)(1) of this chapter, if a different type of debris is treated or
if a different technology is used to treat the debris.
(3) For debris excluded under §
261.3(f)(1) of this chapter, the owner or operator of the treatment facility
must document and certify compliance with the treatment standards of Table 1,
§ 268.45, as follows:
(i) Records must be
kept of all inspections, evaluations, and analyses of treated debris that are
made to determine compliance with the treatment standards;
(ii) Records must be kept of any data or
information the treater obtains during treatment of the debris that identifies
key operating parameters of the treatment unit; and
(iii) For each shipment of treated debris, a
certification of compliance with the treatment standards must be signed by an
authorized representative and placed in the facility's files. The certification
must state the following: "I certify under penalty of law that the debris has
been treated in accordance with the requirements of
40 CFR
268.45. I am aware that there are significant
penalties for making a false certification, including the possibility of fine
and imprisonment.''
(e) Generators and treaters who first receive
from EPA or DEQ a determination that a given contaminated soil subject to LDRs
as provided in § 268.49(a) no longer contains a listed hazardous waste and
generators and treaters who first determine that a contaminated soil subject to
LDRs as provided in § 268.49(a) no longer exhibits a characteristic of
hazardous waste must:
(1) Prepare a one-time
only documentation of these determinations including all supporting
information; and,
(2) Maintain that
information in the facility files and other records for a minimum of three
years.
§
268.8
[Reserved]
§ 268.9
Special rules regarding
wastes that exhibit a characteristic.
(a) The initial generator of a solid waste
must determine each EPA Hazardous Waste Number (waste code) applicable to the
waste in order to determine the applicable treatment standards under subsection
D of this section. This determination may be made concurrently with the
hazardous waste determination required in § 262.11 of this rule. For the
purposes of Section 268, the waste will carry the waste code for any applicable
listed waste (Section 261, Subsection D). In addition, where the waste exhibits
a characteristic, the waste will carry one or more of the characteristic waste
codes (Section 261, Subsection C), except when the treatment standard for the
listed waste operates in lieu of the treatment standard for the characteristic
waste, as specified in paragraph (b) of this section. If the generator
determines that their waste displays a hazardous characteristic (and is not
D001 nonwastewaters treated by CMBST, RORGS, or POLYM of § 268.42, Table
1), the generator must determine the underlying hazardous constituents (as
defined at § 268.2(i)) in the characteristic waste.
(b) Where a prohibited waste is both listed
under section 261, Subsection D and exhibits a characteristic under section
261, Subsection C, the treatment standard for the waste code listed in section
261, Subsection D will operate in lieu of the standard for the waste code under
section 261, Subsection C, provided that the treatment standard for the listed
waste includes a treatment standard for the constituent that causes the waste
to exhibit the characteristic. Otherwise, the waste must meet the treatment
standards for all applicable listed and characteristic waste codes.
(c) In addition to any applicable standards
determined from the initial point of generation, no prohibited waste which
exhibits a characteristic under section 261, Subsection C may be land disposed
unless the waste complies with the treatment standards under Subsection D of
this section.
(d) Wastes that
exhibit a characteristic are also subject to § 268.7 requirements, except
that once the waste is no longer hazardous, a one-time notification and
certification must be placed in the generator's or treater's on-site files. The
notification and certification must be updated if the process or operation
generating the waste changes and/or if the subtitle D facility receiving the
waste changes.
(1) The notification must
include the following information:
(i) Name
and address of the RCRA Subtitle D facility receiving the waste shipment;
and
(ii) A description of the waste
as initially generated, including the applicable EPA hazardous waste code(s),
treatability group(s), and underlying hazardous constituents (as defined in
§ 268.2(i)), unless the waste will be treated and monitored for all
underlying hazardous constituents. If all underlying hazardous constituents
will be treated and monitored, there is no requirement to list any of the
underlying hazardous constituents on the notice.
(2) The certification must be signed by an
authorized representative and must state the language found in §
268.7(b)(4).
(i) If treatment removes the
characteristic but does not meet standards applicable to underlying hazardous
constituents, then the certification found in § 268.7(b)(4)(iv)
applies.
(ii) [Reserved]
Subsection
B
-- Schedule for Land Disposal Prohibition and
Establishment of Treatment Standards
§
268.10
[Reserved]
§ 268.11
[Reserved]
§
268.12
[Reserved]
§ 268.13
Schedule for wastes
identified or listed after November 8, 1984
In the case of any hazardous waste identified or listed under RCRA Section 3001 after November 8, 1984, the Administrator shall make a land disposal prohibition determination within 6 months after the date of identification or listing.
§
268.14
Surface impoundment exemptions
(a) This section defines additional
circumstances under which an otherwise prohibited waste may continue to be
placed in a surface impoundment.
(b) Wastes which are newly identified or
listed under section 3001 after November 8, 1984, and stored in a surface
impoundment that is newly subject to Subtitle C of RCRA as a result of the
additional identification or listing, may continue to be stored in the surface
impoundment for 48 months after the promulgation of the additional listing or
characteristic, notwithstanding that the waste is otherwise prohibited from
land disposal, provided that the surface impoundment is in compliance with the
requirements of Subsection F of Section 265 of this rule within 12 months after
promulgation of the new listing or characteristic.
(c) Wastes which are newly identified or
listed under section 3001 after November 8, 1984, and treated in a surface
impoundment that is newly subject to subtitle C of RCRA as a result of the
additional identification or listing, may continue to be treated in that
surface impoundment, notwithstanding that the waste is otherwise prohibited
from land disposal, provided that surface impoundment is in compliance with the
requirements of Subsection F of section 265 of this rule within 12 months after
the promulgation of the new listing or characteristic. In addition, if the
surface impoundment continues to treat hazardous waste after 48 months from
promulgation of the additional listing or characteristic, it must then be in
compliance with § 268.4.
Subsection C
-- Prohibitions on Land
Disposal
§ 268.20
Waste
specific prohibitions-Dyes and/or pigments production wastes
(a) Effective August 23, 2005, the waste
specified in Section 261 of this Rule as EPA Hazardous Waste Number K181, and
soil and debris contaminated with this waste, radioactive wastes mixed with
this waste, and soil and debris contaminated with radioactive wastes mixed with
this waste are prohibited from land disposal.
(b) The requirements of paragraph (a) of this
section do not apply if:
(1) The wastes meet
the applicable treatment standards specified in subsection D of this
Section;
(2) Persons have been
granted an exemption from a prohibition pursuant to a petition under §
268.6, with respect to those wastes and units covered by the
petition;
(3) The wastes meet the
applicable treatment standards established pursuant to a petition granted under
§ 268.44;
(4) Hazardous debris
has met the treatment standards in § 268.40 or the alternative treatment
standards in § 268.45; or
(5)
Persons have been granted an extension to the effective date of a prohibition
pursuant to § 268.5, with respect to these wastes covered by the
extension.
(c) To
determine whether a hazardous waste identified in this section exceeds the
applicable treatment standards specified in § 268.40, the initial
generator must test a sample of the waste extract or the entire waste,
depending on whether the treatment standards are expressed as concentrations in
the waste extract of the waste, or the generator may use knowledge of the
waste. If the waste contains regulated constituents in excess of the applicable
subsection D levels, the waste is prohibited from land disposal, and all
requirements of Section 268 are applicable, except as otherwise
specified.
§ 268.30
Waste specific prohibitions - wood preserving wastes
(a) Effective August 11, 1997, the following
wastes are prohibited from land disposal: the wastes specified in Section 261
as EPA Hazardous Waste numbers F032, F034, and F035.
(b) Effective May 12, 1999, the following
wastes are prohibited from land disposal: soil and debris contaminated with
F032, F034, F035; and radioactive wastes mixed with EPA Hazardous waste numbers
F032, F034, and F035.
(c) Between
May 12, 1997 and May 12, 1999, soil and debris contaminated with F032, F034,
F035; and radioactive waste mixed with F032, F034, and F035 may be disposed in
a landfill or surface impoundment only if such unit is in compliance with the
requirements specified in § 268.5(h)(2) of this section.
(d) The requirements of paragraphs (a) and
(b) of this section do not apply if:
(1) The
wastes meet the applicable treatment standards specified in Subsection D of
this section;
(2) Persons have been
granted an exemption from a prohibition pursuant to a petition under §
268.6, with respect to those wastes and units covered by the
petition;
(3) The wastes meet the
applicable alternate treatment standards established pursuant to a petition
granted under § 268.44; or
(4)
Persons have been granted an extension to the effective date of a prohibition
pursuant to § 268.5, with respect to those wastes covered by the
extension.
(e) To
determine whether a hazardous waste identified in this section exceeds the
applicable treatment standards specified in § 268.40, the initial
generator must test a sample of the waste extract or the entire waste,
depending on whether the treatment standards are expressed as concentrations in
the waste extract or the waste, or the generator may use knowledge of the
waste. If the waste contains constituents in excess of the applicable Universal
Treatment Standard levels of § 268.48 of this section, the waste is
prohibited from land disposal, and all requirements of Section 268 are
applicable, except as otherwise specified.
§ 268.31
Waste specific
prohibitions -- Dioxin-containing wastes
(a) Effective November 8, 1988, the
dioxin-containing wastes specified in 261.31 as EPA Hazardous Waste Nos. F020,
F02l, F022, F023, F026, F027, and F028, are prohibited from land disposal
unless the following condition applies:
(1)
The F020-F023 and F026-F028 dioxin-containing waste is contaminated soil and
debris resulting from a response action taken under section 104 or 106 of the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980
(CERCLA) or a corrective action taken under subtitle C of the Resource
Conservation and Recovery Act (RCRA).
(b) Effective November 8, 1990, the F020-F023
and F026-F028 dioxin-containing wastes listed in paragraph (a)(1) of this
section are prohibited from land disposal.
(c) Between November 8, 1988, and November 8,
1990, wastes included in paragraph (a)(1) of this section may be disposed in a
landfill or surface impoundment only if such unit is in compliance with the
requirements specified in § 268.5(h)(2) and all other applicable
requirements of sections 264 and 265 of this rule.
(d) The requirements of paragraphs (a) and
(b) of this section do not apply if:
(1) The
wastes meet the standards of Subsection D of this section; or
(2) Persons have been granted an exemption
from a prohibition pursuant to a petition under § 268.6, with respect to
those wastes and units covered by the petition; or
(3) Persons have been granted an extension to
the effective date of a prohibition pursuant to § 268.5, with respect to
those wastes covered by the extension.
§ 268.32
Waste specific
prohibitions-Soils exhibiting the toxicity characteristic for metals and
containing PCBs
(a) Effective December
26, 2000, the following wastes are prohibited from land disposal: any volumes
of soil exhibiting the toxicity characteristic solely because of the presence
of metals (D004-D011) and containing PCBs.
(b) The requirements of paragraph (a) of this
section do not apply if:
(1)
(i) The wastes contain halogenated organic
compounds in total concentration less than 1,000 mg/kg; and
(ii) The wastes meet the treatment standards
specified in Subsection D of this Section for EPA hazardous waste numbers
D004-D011, as applicable; or
(2)
(i) The
wastes contain halogenated organic compounds in total concentration less than
1,000 mg/kg; and
(ii) The wastes
meet the alternative treatment standards specified in § 268.49 for
contaminated soil; or
(3)
Persons have been granted an exemption from a prohibition pursuant to a
petition under § 268.6, with respect to those wastes and units covered by
the petition; or
(4) The wastes
meet applicable alternative treatment standards established pursuant to a
petition granted under § 268.44.
§ 268.33
Waste specific
prohibitions-chlorinated aliphatic wastes
(a) Effective May 8, 2001, the wastes
specified in Section 261 of this Rule as EPA Hazardous Wastes Numbers K174, and
K175, soil and debris contaminated with these wastes, radioactive wastes mixed
with these wastes, and soil and debris contaminated with radioactive wastes
mixed with these wastes are prohibited from land disposal.
(b) The requirements of paragraph (a) of this
section do not apply if:
(1) The wastes meet
the applicable treatment standards specified in subsection D of this
section;
(2) Persons have been
granted an exemption from a prohibition pursuant to a petition under §
268.6, with respect to those wastes and units covered by the
petition;
(3) The wastes meet the
applicable treatment standards established pursuant to a petition granted under
§ 268.44;
(4) Hazardous debris
has met the treatment standards in § 268.40 or the alternative treatment
standards in § 268.45; or
(5)
Persons have been granted an extension to the effective date of a prohibition
pursuant to § 268.5, with respect to these wastes covered by the
extension.
(c) To
determine whether a hazardous waste identified in this section exceeds the
applicable treatment standards specified in § 268.40, the initial
generator must test a sample of the waste extract or the entire waste,
depending on whether the treatment standards are expressed as concentrations in
the waste extract or the waste, or the generator may use knowledge of the
waste. If the waste contains regulated constituents in excess of the applicable
levels of subsection D of this section, the waste is prohibited from land
disposal, and all requirements of Section 268 are applicable, except as
otherwise specified.
(d) Disposal
of K175 wastes that have complied with all applicable § 268.40 treatment
standards must also be macroencapsulated in accordance with § 268.45 Table
1 unless the waste is placed in:
(1) A
Subtitle C monofill containing only K175 wastes that meet all applicable §
268.40 treatment standards; or
(2)
A dedicated Subtitle C landfill cell in which all other wastes being
co-disposed are at pH < 6.0.
§ 268.34
Waste specific
prohibitions - toxicity characteristic metal wastes
(a) Effective August 24, 1998, the following
wastes are prohibited from land disposal: the wastes specified in Section 261
as EPA Hazardous Waste numbers D004-D011 that are newly identified (i.e.
wastes, soil, or debris identified as hazardous by the Toxic Characteristic
Leaching Procedure but not the Extraction Procedure), and waste, soil, or
debris from mineral processing operations that is identified as hazardous by
the specifications at Section 261.
(b) Effective November 26, 1998, the
following waste is prohibited from land disposal: Slag from secondary lead
smelting which exhibits the toxicity characteristic due to the presence of one
or more metals.
(c) Effective May
26, 2000, the following wastes are prohibited from land disposal: newly
identified characteristic wastes from elemental phosphorus processing;
radioactive wastes mixed with EPA Hazardous wastes D004-D011 that are newly
identified (i.e. wastes, soil, or debris identified as hazardous by the Toxic
Characteristic Leaching Procedure but not the Extraction Procedure); or mixed
with newly identified characteristic mineral processing wastes, soil, or
debris.
(d) Between May 26, 1998
and May 26, 2000, newly identified characteristic wastes from elemental
phosphorus processing, radioactive waste mixed with D004-D011 wastes that are
newly identified (i.e. wastes, soil, or debris identified as hazardous by the
Toxic Characteristic Leaching Procedure but not the Extraction Procedure), or
mixed with newly identified characteristic mineral processing wastes, soil, or
debris may be disposed in a landfill or surface impoundment only if such unit
is in compliance with the requirements specified in § 268.5(h)(2) of this
section.
(e) The requirements of
paragraphs (a) and (b) of this section do not apply if:
(1) The wastes meet the applicable treatment
standards specified in subsection D of this section;
(2) Persons have been granted an exemption
from a prohibition pursuant to a petition under § 268.6, with respect to
those wastes and units covered by the petition;
(3) The wastes meet the applicable alternate
treatment standards established pursuant to a petition granted under
§268.44; or
(4) Persons have
been granted an extension to the effective date of a prohibition pursuant to
§268.5, with respect to these wastes covered by the extension.
(f) To determine whether a
hazardous waste identified in this section exceeds the applicable treatment
standards specified in § 268.40, the initial generator must test a sample
of the waste extract or the entire waste, depending on whether the treatment
standards are expressed as concentrations in the waste extract or the waste, or
the generator may use knowledge of the waste. If the waste contains
constituents (including underlying hazardous constituents in characteristic
wastes) in excess of the applicable Universal Treatment Standard levels of
§ 268.48 of this section, the waste is prohibited from land disposal, and
all requirements of section 268 are applicable, except as otherwise
specified.
§ 268.35
Waste specific prohibitions - petroleum refining wastes
(a) Effective February 8, 1999, the wastes
specified in § 261 as EPA Hazardous Wastes Numbers K169, K170, K171, and
K172, soils and debris contaminated with these wastes, radioactive wastes mixed
with these hazardous wastes, and soils and debris contaminated with these
radioactive mixed wastes, are prohibited from land disposal.
(b) The requirements of paragraph (a) of this
section do not apply if:
(1) The wastes meet
the applicable treatment standards specified in Subsection D of this
section;
(2) Persons have been
granted an exemption from a prohibition pursuant to a petition under §
268.6, with respect to those wastes and units covered by the
petition;
(3) The wastes meet the
applicable treatment standards established pursuant to a petition granted under
§ 268.44;
(4) Hazardous debris
that have met treatment standards in § 268.40 or in the alternative
treatment standards in § 268.45; or
(5) Persons have been granted an extension to
the effective date of a prohibition pursuant to § 268.5, with respect to
these wastes covered by the extension.
(c) To determine whether a hazardous waste
identified in this section exceeds the applicable treatment standards specified
in § 268.40, the initial generator must test a sample of the waste extract
or the entire waste, depending on whether the treatment standards are expressed
as concentrations in the waste extract or the waste, or the generator may use
knowledge of the waste. If the waste contains constituents in excess of the
applicable Universal Treatment Standard levels of § 268.48, the waste is
prohibited from land disposal, and all requirements of this part are
applicable, except as otherwise specified.
§ 268.36
Waste specific
prohibitions- inorganic chemical wastes
(a) Effective May 20, 2002, the wastes
specified in 40 CFR part 261 as EPA Hazardous Wastes Numbers K176, K177, and
K178, and soil and debris contaminated with these wastes, radioactive wastes
mixed with these wastes, and soil and debris contaminated with radioactive
wastes mixed with these wastes are prohibited from land disposal.
(b) The requirements of paragraph (a) of this
section do not apply if:
(1) The wastes meet
the applicable treatment standards specified in subsection D of this
section;
(2) Persons have been
granted an exemption from a prohibition pursuant to a petition under §
268.6, with respect to those wastes and units covered by the
petition;
(3) The wastes meet the
applicable treatment standards established pursuant to a petition granted under
§ 268.44;
(4) Hazardous debris
has met the treatment standards in § 268.40 or the alternative treatment
standards in § 268.45; or
(5)
Persons have been granted an extension to the effective date of a prohibition
pursuant to § 268.5, with respect to these wastes covered by the
extension.
(c) To
determine whether a hazardous waste identified in this section exceeds the
applicable treatment standards specified in § 268.40, the initial
generator must test a sample of the waste extract or the entire waste,
depending on whether the treatment standards are expressed as concentrations in
the waste extract or the waste, or the generator may use knowledge of the
waste. If the waste contains regulated constituents in excess of the applicable
subsection D levels, the waste is prohibited from land disposal, and all
requirements of this part are applicable, except as otherwise
specified.
§ 268.37
Waste specific prohibitions-ignitable and corrosive characteristic wastes
whose treatment standards were vacated
(a) Effective August 9, 1993, the wastes
specified in § 261.21 as D001 (and is not in the High TOC Ignitable
Liquids Subcategory), and specified in § 261.22 as D002, that are managed
in systems other than those whose discharge is regulated under the Clean Water
Act (CWA), or that inject in Class I deep wells regulated under the Safe
Drinking Water Act (SDWA), or that are zero dischargers that engage in
CWA-equivalent treatment before ultimate land disposal, are prohibited from
land disposal. CWA-equivalent treatment means biological treatment for
organics, alkaline chlorination or ferrous sulfate precipitation for cyanide,
precipitation/sedimentation for metals, reduction of hexavalent chromium, or
other treatment technology that can be demonstrated to perform equally or
greater than these technologies.
(b) Effective February 10, 1994, the wastes
specified in 261.21 as D001 (and is not in the High TOC Ignitable Liquids
Subcategory), and specified in § 261.22 as D002, that are managed in
systems defined in
40 CFR
144.6(e) and
146.6(e)
as Class V injection wells, that do not engage in CWA-equivalent treatment
before injection, are prohibited from land disposal.
§ 268.38
Waste specific
prohibitions-newly identified organic toxicity characteristic wastes and newly
listed coke by-product and chlorotoluene production wastes
(a) Effective December 19, 1994, the wastes
specified in 261.32 as EPA Hazardous Waste numbers K141, K142, K143, K144,
K145, K147, K148, K149, K150, and K151 are prohibited from land disposal. In
addition, debris contaminated with EPA Hazardous Waste numbers F037, F038,
K107-K112, K117, K118, K123-K126, K131, K132, K136, U328, U353, U359, and soil
and debris contaminated with D012-D043, K141-K145, and K147-K151 are prohibited
from land disposal. The following wastes that are specified in 261.24, Table 1
as EPA Hazardous Waste numbers: D012, D013, D014, D015, D016, D017, D018, D019,
D020, D021, D022, D023, D024, D025, D026, D027, D028, D029, D030, D031, D032,
D033, D034, D035, D036, D037, D038, D039, D040, D041, D042, D043 that are not
radioactive, or that are managed in systems other than those whose discharge is
regulated under the Clean Water Act (CWA), or that are zero dischargers that do
not engage in CWA-equivalent treatment before ultimate land disposal, or that
are injected in Class I deep wells regulated under the Safe Drinking Water Act
(SDWA), are prohibited from land disposal. CWA-equivalent treatment means
biological treatment for organics, alkaline chlorination or ferrous sulfate
precipitation for cyanide, precipitation/ sedimentation for metals, reduction
of hexavalent chromium, or other treatment technology that can be demonstrated
to perform equally or better than these technologies.
(b) On September 19, 1996, radioactive wastes
that are mixed with D018-D043 that are managed in systems other than those
whose discharge is regulated under the Clean Water Act (CWA), or that inject in
Class I deep wells regulated under the Safe Drinking Water Act (SDWA), or that
are zero dischargers that engage in CWA-equivalent treatment before ultimate
land disposal, are prohibited from land disposal. CWA-equivalent treatment
means biological treatment for organics, alkaline chlorination or ferrous
sulfate precipitation for cyanide, precipitation/ sedimentation for metals,
reduction of hexavalent chromium, or other treatment technology that can be
demonstrated to perform equally or greater than these technologies. Radioactive
wastes mixed with K141-K145, and K147-K151 are also prohibited from land
disposal. In addition, soil and debris contaminated with these radioactive
mixed wastes are prohibited from land disposal.
(c) Between December 19, 1994 and September
19, 1996, the wastes included in paragraphs (b) of this section may be disposed
in a landfill or surface impoundment, only if such unit is in compliance with
the requirements specified in § 268.5(h)(2) of this section.
(d) The requirements of paragraphs (a), (b),
and (c) of this section do not apply if:
(1)
The wastes meet the applicable treatment standards specified in Subsection D of
this section;
(2) Persons have been
granted an exemption from a prohibition pursuant to a petition under §
268.6, with respect to those wastes and units covered by the
petition;
(3) The wastes meet the
applicable alternate treatment standards established pursuant to a petition
granted under § 268.44;
(4)
Persons have been granted an extension to the effective date of a prohibition
pursuant to § 268.5, with respect to these wastes covered by the
extension.
(e) To
determine whether a hazardous waste identified in this section exceeds the
applicable treatment standards specified in § 268.40, the initial
generator must test a sample of the waste extract or the entire waste,
depending on whether the treatment standards are expressed as concentrations in
the waste extract or the waste, or the generator may use knowledge of the
waste. If the waste contains constituents in excess of the applicable
Subsection D levels, the waste is prohibited from land disposal, and all
requirements of section 268 are applicable, except as otherwise
specified.
§ 268.39
Waste specific prohibitions -- spent aluminum potliners; reactive; and
carbamate wastes
(a) On July 8, 1996,
the wastes specified in § 261.32 as EPA Hazardous Waste numbers K156-K159,
and K161; and in § 261.33 as EPA Hazardous Waste numbers P127, P128, P185,
P188-P192, P194, P196-P199, P201-P205, U271, U278-U280, U364, U367, U372, U373,
U387, U389, U394, U395, U404, and U409-U411 are prohibited from land disposal.
In addition, soil and debris contaminated with these wastes are prohibited from
land disposal.
(b) On July 8, 1996,
the wastes identified in § 261.23 as D003 that are managed in systems
other than those whose discharge is regulated under the Clean Water Act (CWA),
or that inject in Class I deep wells regulated under the Safe Drinking Water
Act (SDWA), or that are zero dischargers that engage in CWA-equivalent
treatment before ultimate land disposal, are prohibited from land disposal.
This prohibition does not apply to unexploded ordnance and other explosive
devices which have been the subject of an emergency response. (Such D003 wastes
are prohibited unless they meet the treatment standard of DEACT before land
disposal (see § 268.40)).
(c)
On September 21, 1998, the wastes specified in § 261.32 as EPA Hazardous
Waste number K088 are prohibited from land disposal. In addition, soil and
debris contaminated with this waste are prohibited from land
disposal.
(d) On April 8, 1998,
radioactive wastes mixed with K088, K156-K159, K161, P127, P128, P185,
P188-P192, P194, P196-P199, P201-P205, U271, U278-U280, U364, U367, U372, U373,
U387, U389, U394, U395, U404, and U409-U411 are prohibited from land disposal.
In addition, soil and debris contaminated with these radioactive mixed wastes
are prohibited from land disposal.
(e) Between July 8, 1996, and April 8, 1998,
the wastes included in paragraphs (a), (c), and (d) of this section may be
disposed in a landfill or surface impoundment, only if such unit is in
compliance with the requirements specified in § 268.5(h)(2).
(f) The requirements of paragraphs (a), (b),
(c), and (d) of this section do not apply if:
(1) The wastes meet the applicable treatment
standards specified in Section 268, Subsection D of this rule;
(2) Persons have been granted an exemption
from a prohibition pursuant to a petition under § 268.6, with respect to
those wastes and units covered by the petition;
(3) The wastes meet the applicable alternate
treatment standards established pursuant to a petition granted under §
268.44;
(4) Persons have been
granted an extension to the effective date of a prohibition pursuant to §
268.5, with respect to these wastes covered by the extension.
(g) To determine whether a
hazardous waste identified in this section exceeds the applicable treatment
standards specified in § 268.40, the initial generator must test a sample
of the waste extract or the entire waste, depending on whether the treatment
standards are expressed as concentrations in the waste extract or the waste, or
the generator may use knowledge of the waste. If the waste contains
constituents in excess of the applicable Subsection D levels, the waste is
prohibited from land disposal, and all requirements of this Section 268 are
applicable, except as otherwise specified.
Subsection D
-- Treatment
Standards
§ 268.40
Applicability of Treatment Standards
(a) A prohibited waste identified in the
table "Treatment Standards for Hazardous Wastes" may be land disposed only if
it meets the requirements found in the table. For each waste, the table
identifies one of three types of treatment standard requirements:
(1) All hazardous constituents in the waste
or in the treatment residue must be at or below the values found in the table
for that waste ("total waste standards"); or
(2) The hazardous constituents in the extract
of the waste or in the extract of the treatment residue must be at or below the
values found in the table ("waste extract standards"); or
(3) The waste must be treated using the
technology specified in the table ("technology standard"), which are described
in detail in § 268.42, Table 1-Technology Codes and Description of
Technology-Based Standards.
(b) For wastewaters, compliance with
concentration level standards is based on maximums for any one day, except for
D004 through D011 wastes for which the previously promulgated treatment
standards based on grab samples remain in effect. For all nonwastewaters,
compliance with concentration level standards is based on grab sampling. For
wastes covered by the waste extract standards, the test Method 1311, the
Toxicity Characteristic Leaching Procedure found in "Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods", EPA Publication SW-846, as
incorporated by reference in § 260.11, must be used to measure compliance.
An exception is made for D004 and D008, for which either of two test methods
may be used: Method 1311, or Method 1310B, the Extraction Procedure Toxicity
Test. For wastes covered by a technology standard, the wastes may be land
disposed after being treated using that specified technology or an equivalent
treatment technology approved by the Administrator under the procedures set
forth in § 268.42(b).
(c) When
wastes with differing treatment standards for a constituent of concern are
combined for purposes of treatment, the treatment residue must meet the lowest
treatment standard for the constituent of concern.
(d) Notwithstanding the prohibitions
specified in paragraph (a) of this section, treatment and disposal facilities
may demonstrate (and certify pursuant to 268.7(b)(5)) compliance with the
treatment standards for organic constituents specified by a footnote in the
table "Treatment Standards for Hazardous Wastes" in this section, provided the
following conditions are satisfied:
(1) The
treatment standards for the organic constituents were established based on
incineration in units operated in accordance with the technical requirements of
Section 264, Subsection O, or based on combustion in fuel substitution units
operating in accordance with applicable technical requirements;
(2) The treatment or disposal facility has
used the methods referenced in paragraph (d)(1) of this section to treat the
organic constituents; and
(3) The
treatment or disposal facility may demonstrate compliance with organic
constituents if good-faith analytical efforts achieve detection limits for the
regulated organic constituents that do not exceed the treatment standards
specified in this section by an order of magnitude.
(e) For characteristic wastes (D001-D043)
that are subject to treatment standards in the following table "Treatment
Standards for Hazardous Wastes," and are not managed in a wastewater treatment
system that is regulated under the Clean Water Act (CWA), that is
CWA-equivalent, or that is injected into a Class I nonhazardous deep injection
well, all underlying hazardous constituents (as defined in § 268.2(i))
must meet Universal Treatment Standards, found in § 268.48, Table
Universal Treatment Standards, prior to land disposal as defined in §
268.2(c) of this rule.
(1) When these wastes
are managed in wastewater treatment systems regulated by the Clean Water Act
(CWA), compliance with the treatment standards must be achieved no later than
"end-of-pipe" as defined in § 268.2(k); or
(2) When these wastes are managed in
CWA-equivalent treatment systems and tank-based systems that discharge onto the
land, compliance with the treatment standards must be achieved no later than
the point the wastewater is released to the land (e.g., spray irrigation,
discharge to dry river beds, placed into evaporation ponds); or
(3) When these wastes are managed in Class I
nonhazardous injection wells, compliance with the treatment standards must be
achieved no later than the well head; or
(4) For all other, compliance with the
treatment standard must be met prior to land disposal as defined in §
268.2(c).
(f) The
treatment standards for F001-F005 nonwastewater constituents carbon disulfide,
cyclohexanone, and/or methanol apply to wastes which contain only one, two, or
three of these constituents. Compliance is measured for these constituents in
the waste extract from test Method 1311, the Toxicity Characteristic Leaching
Procedure found in "Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods", EPA Publication SW-846, as incorporated by reference in §
260.11. If the waste contains any of these three constituents along with any of
the other 25 constituents found in F001-F005, then compliance with treatment
standards for carbon disulfide, cyclohexanone, and/or methanol are not
required.
(g) Between August 26,
1996 and March 4, 1999 the treatment standards for the wastes specified in
§ 261.32 as EPA Hazardous Waste numbers K156-K161; and in § 261.33 as
EPA Hazardous Waste numbers P127, P128, P185, P188-P192, P194, P196-P199,
P201-P205, U271, U277-U280, U364-U367, U372, U373, U375-U379, U381-U387,
U389-U396, U400-U404, U407, and U409-U411; and soil contaminated with these
wastes; may be satisfied by either meeting the constituent concentrations
presented in the table "Treatment Standards for Hazardous Wastes" in this
section, or by treating the waste by the following technologies: combustion, as
defined by the technology code CMBST at §268.42 Table 1, for
non-wastewaters; and, biodegradation as defined by the technology code BIODG,
carbon adsorption as defined by the technology code CARBN, chemical oxidation
as defined by the technology code CHOXD, or combustion as defined as technology
code CMBST at §268.42 Table 1, for wastewaters.
(h) Prohibited D004-D011 mixed radioactive
wastes and mixed radioactive listed wastes containing metal constituents, that
were previously treated by stabilization to the treatment standards in effect
at that time and then put into storage, do not have to be re-treated to meet
treatment standards in this section prior to land disposal.
(i) Zinc-containing fertilizers that are
produced for the general public's use and that are produced from or contain
recycled characteristic hazardous wastes (D004-D011) are subject to the
applicable treatment standards in § 268.41 contained in the 40 CFR, parts
260-299, edtion revised as of July 1, 1990.
(j) Effective September 4, 1998, the
treatment standards for the wastes specified in § 261.33 as EPA hazardous
waste numbers P185, P191, P192, P197, U364, U394, and U395 may be satisfied by
either meeting the constituent concentrations presented in the table "Treatment
Standards for Hazardous Wastes" in this subsection, or by treating the waste by
the following technologies: combustion, as defined by the technology code CMBST
at § 268.42 Table 1 of this Section, for nonwastewaters; and
biodegradation, as defined by the technology code BIODG, carbon absorption as
defined by the technology code CARBN, chemical oxidation as defined by the
technology code of CHOXD, or combustion, as defined by the technology code
CMBST at § 268.42 Table 1 of this Section, for wastewaters.
Note: The treatment standards that heretofore appeared in tables in §§ 268.41, 268.42, and 268.43 of this section have been consolidated into the table "Treatment Standards for Hazardous Wastes" in this section.
§ 268.41
Treatment standards
expressed as concentrations in waste extract
For the requirements previously found in this section and for treatment standards in Table CCWE-Constituent Concentrations in Waste Extracts, refer to § 268.40.
§
268.42
Treatment standards expressed as specified
technologies
Note: For the requirements previously found in this section in Table 2-Technology-Based Standards By RCRA Waste Code, and Table 3-Technology-Based Standards for Specific Radioactive Hazardous Mixed Waste, refer to § 268.40.
(a) The
following wastes in the table in § 268.40 "Treatment Standards for
Hazardous Wastes," for which standards are expressed as a treatment method
rather than a concentration level, must be treated using the technology or
technologies specified in the table entitled "Technology Codes and Description
of Technology-Based Standards" in this section.
(1) Liquid hazardous wastes containing
polychlorinated biphenyls (PCBs) at concentrations greater than or equal to 50
ppm but less than 500 ppm must be incinerated in accordance with the technical
requirements of
40
CFR 761.70 or burned in high efficiency
boilers in accordance with the technical requirements of
40 CFR
761.60. Liquid hazardous wastes containing
polychlorinated biphenyls (PCBs) at concentrations greater than or equal to 500
ppm must be incinerated in accordance with the technical requirements of
40
CFR 761.70. Thermal treatment under this
section must also be in compliance with applicable rules in sections 264, 265,
and 266.
(2) Nonliquid hazardous
wastes containing halogenated organic compounds (HOCs) in total concentration
greater than or equal to 1,000 mg/kg and liquid HOC-containing wastes that are
prohibited under § 268.32(e)(1) of this section must be incinerated in
accordance with the requirements of section 264, Subsection O, or section 265,
Subsection O. These treatment standards do not apply where the waste is subject
to a section 268, Subsection D, treatment standard for specific HOC (such as a
hazardous waste chlorinated solvent for which a treatment standard is
established under § 26841(a)).
(3) A mixture consisting of wastewater, the
discharge of which is subject to regulation under either section 402 or section
307(b) of the Clean Water Act, and de minimis losses of materials from
manufacturing operations in which these materials are used as raw materials or
are produced as products in the manufacturing process, and that meet the
criteria of the D001 ignitable liquids containing greater than 10% total
organic constituents (TOC) subcategory, is subject to the DEACT treatment
standard described in Table 1 of this section. For purposes of this paragraph,
de minimis losses include those from normal material handling operations (eg,
spills from the unloading or transfer of materials from bins or other
containers, leaks from pipes, valves or other devices used to transfer
materials); minor leaks from process equipment, storage tanks, or containers;
leaks from well-maintained pump packings and seals; sample purgings; and relief
device discharges.
Table 1
Technology Codes and Description of Technology-Based Standards
Technology Description of technology-based standards Code
ADGAS: Venting of compressed gases into an absorbing or reacting media (ie, solid or liquid)-venting can be accomplished through physical release utilizing valves/piping; physical penetration of the container; and/or penetration through detonation
AMLGM: Amalgamation of liquid, elemental mercury contaminated with radioactive materials utilizing inorganic reagents such as copper, zinc, nickel, gold, and sulfur that result in a nonliquid, semi-solid amalgam and thereby reducing potential emissions of elemental mercury vapors to the air
BIODG: Biodegradation of organics or non-metallic inorganics (ie, degradable inorganics that contain the elements of phosphorus, nitrogen, and sulfur) in units operated under either aerobic or anaerobic conditions such that a surrogate compound or indicator parameter has been substantially reduced in concentration in the residuals (eg, Total Organic Carbon can often be used as an indicator parameter for the biodegradation of many organic constituents that cannot be directly analyzed in wastewater residues)
CARBN: Carbon adsorption (granulated or powdered) of non-metallic inorganics, organo-metallics, and/or organic constituents, operated such that a surrogate compound or indicator parameter has not undergone breakthrough (eg, Total Organic Carbon can often be used as an indicator parameter for the adsorption of many organic constituents that cannot be directly analyzed in wastewater residues) Breakthrough occurs when the carbon has become saturated with the constituent (or indicator parameter) and substantial change in adsorption rate associated with that constituent occurs
CHOXD: Chemical or electrolytic oxidation utilizing the following oxidation reagents (or waste reagents) or combinations of reagents:
(1) Hypochlorite (eg
bleach);
(2) chlorine;
(3) chlorine dioxide;
(4) ozone or UV (ultraviolet light) assisted
ozone;
(5) peroxides;
(6) persulfates;
(7) perchlorates;
(8) permangantes; and/or
(9) other oxidizing reagents of equivalent
efficiency, performed in units operated such that a surrogate compound or
indicator parameter has been substantially reduced in concentration in the
residuals (eg, Total Organic Carbon can often be used as an indicator parameter
for the oxidation of many organic constituents that cannot be directly analyzed
in wastewater residues) Chemical oxidation specifically includes what is
commonly referred to as alkaline chlorination
CHRED: Chemical reduction utilizing the following reducing reagents (or waste reagents) or combinations of reagents:
(1) Sulfur dioxide;
(2) sodium, potassium, or alkali salts or
sulfites, bisulfites, metabisulfites, and polyethylene glycols (eg, NaPEG and
KPEG);
(3) sodium hydrosulfide;
(4) ferrous salts; and/or
(5) other reducing reagents of
equivalent efficiency, performed in units operated such that a surrogate
compound or indicator parameter has been substantially reduced in concentration
in the residuals (eg, Total Organic Halogens can often be used as an indicator
parameter for the reduction of many halogenated organic constituents that
cannot be directly analyzed in wastewater residues) Chemical reduction is
commonly used for the reduction of hexavalent chromium to the trivalent state
CMBST: High temperature organic destruction technologies, such as combustion in incinerators, boilers, or industrial furnaces operated in accordance with the applicable requirements of 40 CFR part 264, subpart O, or Section 265, subsection O, or Section 266, subsection H, and in other units operated in accordance with applicable technical operating requirements; and certain non-combustive technologies, such as the Catalytic Extraction Process
DEACT: Deactivation to remove the hazardous characteristics of a waste due to its ignitability, corrosivity, and/or reactivity
FSUBS: Fuel substitution in units operated in accordance with applicable technical operating requirements
HLVIT: Vitrification of high level mixed radioactive wastes in units in compliance with all applicable radioactive protection requirements under control of the Nuclear Regulatory Commission
IMERC: Incineration of wastes containing organics and mercury in units operated in accordance with the technical operating requirements of Section 264 subsection 0 and Section 265 subsection 0 All wastewater and nonwastewater residues derived from this process must then comply with the corresponding treatment standards per waste code with consideration of any applicable subcategories (eg, High or Low Mercury Subcategories)
INCIN: Incineration in units operated in accordance with the technical operating requirements of Section 264 Subsection 0 and Section 265 Subsection 0
LLEXT: Liquid-liquid extraction (often referred to as solvent extraction) of organics from liquid wastes into an immiscible solvent for which the hazardous constituents have a greater solvent affinity, resulting in an extract high in organics that must undergo either incineration, reuse as a fuel, or other recovery/reuse and a raffinate (extracted liquid waste) proportionately low in organics that must undergo further treatment as specified in the standard
MACRO: Macroencapsulation with surface coating materials such as polymeric organics (eg resins and plastics) or with a jacket of inert inorganic materials to substantially reduce surface exposure to potential leaching media Macroencapsulation specifically does not include any material that would be classified as a tank or container according to §260.10
NEUTR: Neutralization with the following reagents (or waste reagents) or combinations of reagents:
(1) Acids;
(2) bases; or
(3) water (including wastewaters) resulting
in a pH greater than 2 but less than 125 as measured in the aqueous residuals
NLDBR: No land disposal based on recycling
PRECP: Chemical precipitation of metals and other inorganics as insoluble precipitates of oxides, hydroxides, carbonates, sulfides, sulfates, chlorides, flourides, or phosphates The following reagents (or waste reagents) are typically used alone or in combination:
(1) Lime (ie, containing oxides and/or
hydroxides of calcium and/or magnesium;
(2) caustic (ie, sodium and/or potassium
hydroxides;
(3) soda ash (ie,
sodium carbonate);
(4) sodium
sulfide;
(5) ferric sulfate or
ferric chloride;
(6) alum;
or
(7) sodium sulfate Additional
floculating, coagulation or similar reagents/processes that enhance sludge
dewatering characteristics are not precluded from use
POLYM: Formation of complex high-molecular weight solids through polymerization of monomers in high-TOC D001 non-wastewaters which are chemical components in the manufacture of plastics
RBERY: Thermal recovery of Beryllium
RCGAS: Recovery/reuse of compressed gases including techniques such as reprocessing of the gases for reuse/resale; filtering/adsorption of impurities; remixing for direct reuse or resale; and use of the gas as a fuel source
RCORR: Recovery of acids or bases utilizing one or more of the following recovery technologies:
(1) Distillation (ie, thermal concentration);
(2) ion exchange;
(3) resin or solid adsorption;
(4) reverse osmosis; and/or
(5) incineration for the recovery of
acid-Note: this does not preclude the use of other physical phase separation or
concentration techniques such as decantation, filtration (including
ultrafiltration), and centrifugation, when used in conjunction with the above
listed recovery technologies
RLEAD: Thermal recovery of lead in secondary lead smelters
RMERC: Retorting or roasting in a thermal processing unit capable of volatilizing mercury and subsequently condensing the volatilized mercury for recovery The retorting or roasting unit (or facility) must be subject to one or more of the following:
(a) a National Emissions Standard for
Hazardous Air Pollutants (NESHAP) for mercury;
(b) a Best Available Control Technology
(BACT) or a Lowest Achievable Emission Rate (LAER) standard for mercury imposed
pursuant to a Prevention of Significant Deterioration (PSD) permit; or
(c) a state permit that establishes
emission limitations (within meaning of section 302 of the Clean Air Act) for
mercury All wastewater and nonwastewater residues derived from this process
must then comply with the corresponding treatment standards per waste code with
consideration of any applicable subcategories (eg, High or Low Mercury
Subcategories)
RMETL: Recovery of metals or inorganics utilizing one or more of the following direct physical/removal technologies:
(1) Ion exchange;
(2) resin or solid (ie, zeolites) adsorption;
(3) reverse osmosis;
(4) chelation/solvent extraction;
(5) freeze crystalization;
(6) ultrafiltration and/or
(7) simple precipitation (ie, crystalization)
- Note: This does not preclude the use of other physical phase separation or
concentration techniques such as decantation, filtration (including
ultrafiltration), and centrifugation, when used in conjunction with the above
listed recovery technologies
RORGS: Recovery of organics utilizing one or more of the following technologies:
(1)
Distillation;
(2) thin film
evaporation;
(3) steam stripping;
(4) carbon adsorption;
(5) critical fluid extraction;
(6) liquid-liquid extraction;
(7) precipitation/crystalization (including
freeze crystallization); or
(8)
chemical phase separation techniques (ie, addition of acids, bases,
demulsifiers, or similar chemicals); - Note: this does not preclude the use of
other physical phase separation techniques such as a decantation, filtration
(including ultrafiltration), and centrifugation, when used in conjunction with
the above listed recovery technologies
RTHRM: Thermal recovery of metals or inorganics from nonwastewaters in units identified as industrial furnaces according to 26010 (1), (6), (7), (11), and (12) under the definition of "industrial furnaces"
RZINC: Resmelting in high temperature metal recovery units for the purpose of recovery of zinc
STABL: Stabilization with the following reagents (or waste reagents) or combinations of reagents:
(1) Portland cement; or
(2) lime/pozzolans (eg, fly ash and cement
kiln dust) - this does not preclude the addition of reagents (eg, iron salts,
silicates, and clays) designed to enhance the set/cure time and/or compressive
strength, or to overall reduce the leachability of the metal or inorganic
SSTRP: Steam stripping of organics from liquid wastes utilizing direct application of steam to the wastes operated such that liquid and vapor flow rates, as well as temperature and pressure ranges, have been optimized, monitored, and maintained These operating parameters are dependent upon the design parameters of the unit, such as the number of separation stages and the internal column design, thus resulting in a condensed extract high in organics that must undergo either incineration, reuse as a fuel, or other recovery/reuse and an extracted wastewater that must undergo further treatment as specified in the standard
WETOX: Wet air oxidation performed in units operated such that a surrogate compound or indicator parameter has been substantially reduced in concentration in the residuals (eg, Total Organic Carbon can often be used as an indicator parameter for the oxidation of many organic constituents that cannot be directly analyzed in wastewater residues)
WTRRX: Controlled reaction with water for highly reactive inorganic or organic chemicals with precautionary controls for protection of workers from potential violent reactions as well as precautionary controls for potential emissions of toxic/ignitable levels of gases released during the reaction
Note 1: When a combination of these technologies (ie, a treatment train) is specified as a single treatment standard, the order of application is specified in § 26842, Table 2 by indicating the five letter technology code that must be applied first, then the designation "fb" (an abbreviation for "followed by"), then the five letter technology code for the technology that must be applied next, and so on
Note 2: When more than one technology (or treatment train) are specified as alternative treatment standards, the five letter technology codes (or the treatment trains) are separated by a semicolon (;) with the last technology preceded by the word "OR" This indicates that any one of these BDAT technologies or treatment trains can be used for compliance with the standard
(b) Any
person may submit an application to the EPA Administrator demonstrating that an
alternative treatment method can achieve a measure of performance equivalent to
that achieved by methods specified in paragraphs (a), (c), and (d) of this
section for wastes or specified in Table 1 of § 268.45 for hazardous
debris. The applicant must submit information demonstrating that his treatment
method is in compliance with federal, state, and local requirements and is
protective of human health and the environment. On the basis of such
information and any other available information, the Administrator may approve
the use of the alternative treatment method if he finds that the alternative
treatment method provides a measure of performance equivalent to that achieved
by methods specified in paragraphs (a), (c), and (d) of this section for wastes
or in Table 1 of § 268.45 for hazardous debris. Any approval must be
stated in writing and may contain such provisions and conditions as the
Administrator deems appropriate. The person to whom such approval is issued
must comply with all limitations contained in such a determination.
(c) As an alternative to the otherwise
applicable Subsection D treatment standards, lab packs are eligible for land
disposal provided the following requirements are met:
(1) The lab packs comply with the applicable
provisions of § 264.316 and § 265.316;
(2) The lab pack does not contain any of the
wastes listed in Appendix IV to Section 268;
(3) The lab packs are incinerated in
accordance with the requirements of Section 264, subsection O or Section 265,
subsection O; and
(4) Any
incinerator residues from lab packs containing D004, D005, D006, D007, D008,
D010, and D011 are treated in compliance with the applicable treatment
standards specified for such wastes in Subsection D of this section.
(d) Radioactive hazardous mixed
wastes are subject to the treatment standards in § 268.40. Where treatment
standards are specified for radioactive mixed wastes in the Table of Treatment
Standards, those treatment standards will govern. Where there is no specific
treatment standard for radioactive mixed waste, the treatment standard for the
hazardous waste (as designated by EPA waste code) applies. Hazardous debris
containing radioactive waste is subject to the treatment standards specified in
§ 268.45.*
§
268.43
Treatment standards expressed as waste
concentrations
For the requirements previously found in this section and for treatment standards in Table CCW-Constituent Concentrations in Wastes, refer to § 268.40.
§ 268.44
Variance from a treatment standard
(a) Based on a petition filed by a generator
or treater of hazardous waste, the Administrator may approve a variance from an
applicable treatment standard if:
(1) It is
not physically possible to treat the waste to the level specified in the
treatment standard, or by the method specified as the treatment standard. To
show that this is the case, the petitioner must demonstrate that because the
physical or chemical properties of the waste differ significantly from waste
analyzed in developing the treatment standard, the waste cannot be treated to
the specified level or by the specified method; or
(2) It is inappropriate to require the waste
to be treated to the level specified in the treatment standard or by the method
specified as the treatment standard, even though such treatment is technically
possible. To show that this is the case, the petitioner must either demonstrate
that:
(i) Treatment to the specified level or
by the specified method is technically inappropriate (for example, resulting in
combustion of large amounts of mildly contaminated environmental media);
or
(ii) For remediation waste only,
treatment to the specified level or by the specified method is environmentally
inappropriate because it would likely discourage aggressive
remediation.
(b) Each petition must be submitted in
accordance with the procedures in § 260.20.
(c) Each petition must include the following
statement signed by the petitioner or an authorized representative:
"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this petition and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment"
(d) After receiving a petition for variance
from a treatment standard, the Administrator may request any additional
information or samples which he may require to evaluate the petition.
Additional copies of the complete petition may be requested as needed to send
to affected states and Regional Offices.
(e) The Administrator will give public notice
in the Federal Register of the intent to approve or deny a petition and provide
an opportunity for public comment. The final decision on a variance from a
treatment standard will be published in the Federal Register.
(f) A generator, treatment facility, or
disposal facility that is managing a waste covered by a variance from the
treatment standards must comply with the waste analysis requirements for
restricted wastes found under § 268.7.
(g) During the petition review process, the
applicant is required to comply with all restrictions on land disposal under
this section once the effective date for the waste has been reached.
(h) Based on a petition filed by a generator
or treater of hazardous waste, the EPA Administrator or his or her delegated
representative may approve a site-specific variance from an applicable
treatment standard if:
(1) It is not
physically possible to treat the waste to the level specified in the treatment
standard, or by the method specified as the treatment standard. To show that
this is the case, the petitioner must demonstrate that because the physical or
chemical properties of the waste differ significantly from waste analyzed in
developing the treatment standard, the waste cannot be treated to the specified
level or by the specified method; or
(2) It is inappropriate to require the waste
to be treated to the level specified in the treatment standard or by the method
specified as the treatment standard, even though such treatment is technically
possible. To show that this is the case, the petitioner must either demonstrate
that:
(i) Treatment to the specified level or
by the specified method is technically inappropriate (for example, resulting in
combustion of large amounts of mildly contaminated environmental media where
the treatment standard is not based on combustion of such media); or
(ii) For remediation waste only, treatment to
the specified level or by the specified method is environmentally inappropriate
because it would likely discourage aggressive remediation.
(3) For contaminated soil only, treatment to
the level or by the method specified in the soil treatment standards would
result in concentrations of hazardous constituents that are below (ie, lower
than) the concentrations necessary to minimize short- and long-term threats to
human health and the environment. Treatment variances approved under this
paragraph must:
(i) At a minimum, impose
alternative land disposal restriction treatment using a reasonable maximum
exposure scenario.
(A) For carcinogens,
achieve constituent concentrations that result in the total excess risk to an
individual exposed over a lifetime generally falling within a range from
10-4 to 10-6;
and
(B) For constituents with
non-carcinogenic effects, achieve constituent concentrations that an individual
could be exposed to on a daily basis without appreciable risk of deleterious
effect during a lifetime.
(ii) Not consider post-land-disposal
controls.
(4) For
contaminated soil only, treatment to the level or by the method specified in
the soil treatment standards would result in concentrations of hazardous
constituents that are below (ie, lower than) natural background concentrations
at the site where the contaminated soil will be land disposed.
(5) Public notice and a reasonable
opportunity for public comment must be provided before granting or denying a
petition.
(i) Each
application for a site-specific variance from a treatment standard must include
the information in § 260.20(b)(1)-(4);
(j) After receiving an application for a
site-specific variance from a treatment standard, the Assistant Administrator,
or his delegated representative, may request any additional information or
samples which may be required to evaluate the application.
(k) A generator, treatment facility, or
disposal facility that is managing a waste covered by a site-specific variance
from a treatment standard must comply with the waste analysis requirements for
restricted wastes found under § 268.7.
(l) During the application review process,
the applicant for a site-specific variance must comply with all restrictions on
land disposal under this section once the effective date for the waste has been
reached.
(m) For all variances, the
petitioner must also demonstrate that compliance with any given treatment
variance is sufficient to minimize threats to human health and the environment
posed by land disposal of the waste. In evaluating this demonstration, EPA may
take into account whether a treatment variance should be approved if the
subject waste is to be used in a manner constituting disposal pursuant to
§§ 266.20 through 266.23.
(n) [Reserved]
(o) The following facilities are excluded
from the treatment standard under § 268.43(a), Table CCW, and are subject
to the following constituent concentrations:
NONE LISTED
§ 268.45
Treatment standards for
hazardous debris
(a) Treatment
standards: Hazardous debris must be treated prior to land disposal as follows
unless the Division or EPA determines under §261.3(f)(2) of this rule that
the debris is no longer contaminated with hazardous waste or the debris is
treated to the waste-specific treatment standard provided in this subsection
for the waste contaminating the debris:
(1)
General. Hazardous debris must be treated for each "contaminant subject to
treatment" defined by paragraph (b) of this section using the technology or
technologies identified in Table 1 of this section.
(2) Characteristic debris. Hazardous debris
that exhibits the characteristic of ignitability, corrosivity, or reactivity
identified under §§ 261.21, 261.22, and 261.23 of this chapter,
respectively, must be deactivated by treatment using one of the technologies
identified in Table 1 of this section.
(3) Mixtures of debris types The treatment
standards of Table 1 in this section must be achieved for each type of debris
contained in a mixture of debris types If an immobilization technology is used
in a treatment train, it must be the last treatment technology used.
(4) Mixtures of contaminant types. Debris
that is contaminated with two or more contaminants subject to treatment
identified under paragraph (b) of this section must be treated for each
contaminant using one or more treatment technologies identified in Table 1 of
this section. If an immobilization technology is used in a treatment train, it
must be the last treatment technology used.
(5) Waste PCBs. Hazardous debris that is also
a waste PCB under 40 CFR Part 761 is subject to the requirements of either 40
CFR Part 761 or the requirements of this section, whichever are more
stringent.
(b)
Contaminants subject to treatment. Hazardous debris must be treated for each
"contaminant subject to treatment." The contaminants subject to treatment must
be determined as follows:
(1) Toxicity
characteristic debris. The contaminants subject to treatment for debris that
exhibits the Toxicity Characteristic (TC) by § 261.24 of this chapter are
those EP constituents for which the debris exhibits the TC toxicity
characteristic.
(2) Debris
contaminated with listed waste. The contaminants subject to treatment for
debris that is contaminated with a prohibited listed hazardous waste are those
constituents or wastes for which treatment standards are established for the
waste under § 268.40.
(3)
Cyanide-reactive debris. Hazardous debris that is reactive because of cyanide
must be treated for cyanide.
(c) Conditioned exclusion of treated debris.
Hazardous debris that has been treated using one of the specified extraction or
destruction technologies in Table 1 of this section and that does not exhibit a
characteristic of hazardous waste identified under Subsection C, section 261,
of this chapter after treatment is not a hazardous waste and need not be
managed in a subtitle C facility. Hazardous debris contaminated with a listed
waste that is treated by an immobilization technology specified in Table 1 is a
hazardous waste and must be managed in a subtitle C facility.
(d) Treatment residuals-
(1) General requirements. Except as provided
by paragraphs (d)(2) and (d)(4) of this section:
(i) Residue from the treatment of hazardous
debris must be separated from the treated debris using simple physical or
mechanical means; and
(ii) Residue
from the treatment of hazardous debris is subject to the waste-specific
treatment standards provided by Subsection D of this section for the waste
contaminating the debris.
(2) Nontoxic debris. Residue from the
deactivation of ignitable, corrosive, or reactive characteristic hazardous
debris (other than cyanide-reactive) that is not contaminated with a
contaminant subject to treatment defined by paragraph (b) of this section, must
be deactivated prior to land disposal and is not subject to the waste-specific
treatment standards of Subsection D of this section.
Table 1. Alternative Treatment Standards for Hazardous Debris1
|
Technology description |
Performance and/or design and operating standard |
Contaminant restrictions2 |
|
A. Extraction Technologies |
||
|
1. Physical Extraction |
||
|
a. Abrasive Blasting Removal of contaminated debris surface layers using water and/or air pressure to propel a solid media(e.g., steel shot, aluminum oxide grit, plastic beads). |
Glass, Metal, Plastic, Rubber: Treatment to a clean debris surface.3 Brick, Cloth, Concrete, Paper, Pavement, Rock, Wood: Removal of at least 0.6 cm of the surface layer; treatment to a clean debris surface.3 |
All debris: None. |
|
b. Scarification, Grinding, and Planing: Process utilizing striking piston heads, saws, or rotating grinding wheels such that contaminated debris surface layers are removed. |
Same as above. |
Same as above. |
|
c. Spalling: Drilling or chipping holes at appropriate locations and depth in the contaminated debris surface and applying a tool which exerts a force on the sides of those holes such that the surface layer is removed. The surface layer removed remains hazardous debris subject to the debris treatment standards. |
Same as above. |
Same as above. |
|
d. Vibratory Finishing: Process utilizing scrubbing media, flushing fluid, and oscillating energy such that hazardous contaminants or contaminated debris surface layers are removed.4 |
Same as above. |
Same as above. |
|
e. High Pressure Steam and Water Sprays: Application of water or steam sprays of sufficient temperature, pressure, residence time, agitation, surfactants, and detergents to remove hazardous contaminants from debris surfaces or to remove contaminated debris surface layers. |
Same as above. |
Same as above. |
|
2. Chemical Extraction |
||
|
a. Water Washing and Spraying: Application of water sprays or water baths of sufficient temperature, pressure, residence time, agitation, surfactants, acids, bases, and detergents to remove hazardous contaminants from debris surfaces and surface pores or to remove contaminated debris surface layers. |
All Debris: Treatment to a clean debris surface 3; Brick, Cloth, Concrete, Paper, Pavement, Rock, Debris must be no more than 1.2 cm (1/2 inch) in one dimension (i.e., thickness limit,5 except that this thickness limit may be waived under an "Equivalent Technology" approval under §268.42(b);8 debris surfaces must be in contact with water solution for at least 15 minutes. |
Brick, Cloth, Concrete, Wood: Paper, Pavement, Wood: Contaminant must be soluble to at least 5% by weight in water solution or by weight in emulsion; if debris is contaminated with a dioxin-listed waste,6 an "Equivalent Technology" approval under §268.42(b) must be ontained.8 |
|
b. Liquid Phase Solvent Extraction: Removal of hazardous contaminant from debris surfaces and surface pores by applying a nonaqueous liquid or liquid solution which causes the hazardous contaminants to enter the liquid phase and be flushed away from the debris along with the liquid solution while using appropriate agitation, temperature, and residence time. |
Same as above. |
Brick, Cloth, Concrete, Paper, Pavement, Rock, Wood: same as above, except that contaminant must be soluble to at least 5% by weight in the solvent. |
|
c. Vapor Phase Solvent Extraction: Application of an organic vapor using sufficient agitation, residence time, and temperature to cause hazardous contaminants on contaminated debris surfaces and surface pores to enter the vapor phase and be flushed away with the organic vapor.4 |
Same as above, except that brick, cloth, concrete, paper, pavement, rock and wood surfaces must be in contact with the organic vapor for at least 60 minutes. |
Same as above. |
|
3. Thermal Extraction |
||
|
a. High Temperature Metals Recovery: Application of sufficient heat, residence time, mixing, fluxing agents, and/or carbon in a smelting, melting, or refining furnace to separate metals from debris. |
For refining furnaces, treated debris must be separated from treatment residuals using simple physical or mechanical means,9 and, prior to further treatment, such residuals must meet the waste-specific treatment standards for organic compounds in the waste contaminating the debris. |
Debris contaminated with a dioxin listed waste:5 Obtain an "Equivalent Technology" approval under §268.42(b).8 |
|
b. Thermal Desorption: Heating in an enclosed chamber under either oxidizing or nonoxidizing atmospheres at sufficient temperature and residence time to vaporize hazardous contaminants from contaminated surfaces and surface pores ant to remove the contaminants from the heating chamber in a gaseous exhaust gas.7 |
All Debris: 5 Obtain an "Equivalent Technology" approval under §268.42(b);8 treated debris must be separated from treatment residuals using simple physical or mechanical means,9 and, prior to further treatment, such residue must meet the waste-specific treatment standards for organic compounds in the waste contaminating the debris. Brick, Cloth, Concrete, Paper, Pavement, Rock, Wood: Debris must be no more than 10 cm (4 inches) in one dimension (i.e., thickness limit),5 except that this thickness limit may be waived under the "Equivalent Technology" approval. |
All Debris: Metals other than mercury. |
|
B. Destruction Technologies: |
||
|
1. Biological Destruction (Biodegradation): Removal of hazardous contaminants from debris surfaces and surface pores in an aqueous solution and biodegradation of organic or nonmetallic inorganic compounds (i.e., inorganics that contain phosphorus, nitrogen, or sulfur) in units operated under either aerobic or anaerobic conditions. |
All Debris: 5 Obtain an "Equivalent Technology" approval under §268.42(b);8 treated debris must be separated from treatment residuals using simple physical or mechanical means,9 and, prior to further treatment, such residue must meet the waste-specific treatment standards for organic compounds in the waste contaminating the debris. Brick, Cloth, Concrete, Paper, Pavement, Rock, Wood: Debris must be no more than 1.2 cm (1/2 inches) in one dimension (i.e., thickness limit),5 except that this thickness limit may be waived under the "Equivalent Technology" approval. |
All Debris: Metal contaminants |
|
2. Chemical Destruction |
||
|
a. Chemical Oxidation: Chemical or electrolytic oxidation utilizing the following oxidation reagents ( or waste reagents) or combination of reagents -(1) hypochlorite (e.g., bleach); (2) chlorine; (3) chlorine dioxide; (4) ozone or UV (Ultraviolet light) assisted ozone; (5) peroxides; (6) persulfates; (7) perchlorates; (8) permanganates; and/or (9) other oxidizing reagents of equivalent destruction efficiency.4 Chemical oxidation specifically Wood: includes what is referred to as alkaline chlorination. |
All Debris: 5 Obtain an "Equivalent Technology" approval under §268.42(b);8 treated debris must be separated from treatment residuals using simple physical or mechanical means,9 and, prior to further treatment, such residue must meet the waste-specific treatment standards for organic compounds in the waste contaminating the debris. Brick, Cloth, Concrete, Paper, Pavement, Rock, Wood: Debris must be no more than 1.2 cm (1/2 inches) in one dimension (i.e., thickness limit),5 except that this thickness limit may be waived under the "Equivalent Technology" approval. |
All Debris: Metal contaminants |
|
b. Chemical Reduction: Chemical reaction utilizing the following reducing reagents (or waste reagents) or combination of reagents: (1) Sulfur dioxide; (2) sodium, potassium, or alkali salts of sulfites, bisulfites, and metabisulfites, and polyethylene glycols (e.g., NaPEG and KPEG); (3) sodium hydrosulfide; (4) ferrous salts; and/or 5) other reducing reagents of equivalent efficiency.4 |
Same as above. |
Same as above. |
|
3. Thermal Destruction: Treatment in an incinerator operating in accordance with Subpart O of Sections 264 or 265 of this chapter; a boiler or industrial furnace operating in accordance with Subsection H of §266 of this chapter, or Subsection P, §265 of this chapter, but excluding for purposes of these debris treatment standards Thermal Desorption units. |
Treated debris must be separated from treatment residuals using simple physical or mechanical means,9 and, prior to further treatment, such residue must meet the waste-specific treatment standards for organic compounds in the waste contaminating the debris. |
Brick, Concrete, Glass, Metal, Pavement, Rock: Metals other than mercury, except that there are no metal restrictions for vitrification. Debris contaminated with a dioxin listed waste:5 Obtain an "Equivalent Technology" approval under §268.42(b),8 except that this requirement does not apply to vitrification. |
|
C. Immobilization Technologies: |
||
|
1. Macroencapsulation: Application of surface coating materials such as polymeric organics (e.g., resins and plastics) or use of a jacket of inert debris & inorganic material to substantially reduce surface exposure to potential leaching media. |
Encapsulating material must completely encapsulate debris and be resistant to degradation by the contaminants and material in which it may come into contact after placement (leachate, other waste, microbes). |
None. |
|
2. Microencapsulation: Stabilization of the debris with the following reagents (or waste reagents) such that the leachability of the hazardous contaminants is reduced: (1) Portland cement; or (2) lime/pozzolans (e.g., fly ash and cement kiln dust). Reagents (e.g., iron salts, silicates, and clays) may be added to enhance the set/cure time and/or compressive strength, or to reduce the leachability of the hazardous constituents.5 |
Leachability of the hazardous contaminants must be reduced. |
None. |
|
3. Sealing: Application of an appropriate material which adheres tightly to the debris surface to avoid exposure of the surface to potential leaching media. When necessary to effectively seal the surface, sealing entails pretreatment of the debris surface to remove foreign matter and to clean and roughen the surface. Sealing materials include epoxy, silicone, and urethane compounds, but paint may not be used as a sealant. |
Sealing must avoid exposure of the debris surface to potential leaching media and sealant must be resistant to degradation by the debris and its contaminants and materials into which it may come into contact after placement (leachate, other waste, microbes). |
None. |
|
FOOTNOTE: 1Hazardous debris must be treated by either these standards or the waste-specific treatment standards for the waste contaminating the debris. The treatment standards must be met for each type of debris contained in a mixture of debris types, unless the debris is converted into treatment residue as a result of the treatment process. Debris treatment residuals are subject to the waste-specific treatment standards for the waste contaminating the debris. FOOTNOTE: 2Contaminant restriction means that the technology is not BDAT for that contaminant. If debris containing a restricted contaminant is treated by the technology, the contaminant must be subsequently treated by a technology for which it is not restricted in order to be land disposed (and excluded from Subtitle C rule). FOOTNOTE: 3"Clean debris surface" means the surface, when viewed without magnification, shall be free of all visible contaminated soil and hazardous waste except that residual staining from soil and waste consisting of light shadows, slight streaks, or minor discolorations, and soil and waste in cracks, crevices, and pits may be present provided that such staining and waste and soil in cracks, crevices, and pits shall be limited to no more than 5% of each square inch of surface area. FOOTNOTE: 4Acids, solvents, and chemical reagents may react with some debris and contaminants to form hazardous compounds. For example, acid washing of cyanide-contaminated debris could result in the formation of hydrogen cyanide. Some acids may also react violently with some debris and contaminants, depending on the concentration of the acid and the type of debris and contaminants. Debris treaters should refer to the safety precautions specified in Material Safety Data Sheets for various acids to avoid applying an incompatible acid to a particular debris/contaminant combination. For example, concentrated sulfuric acid may react violently with certain organic compounds, such as acrylonitrile. FOOTNOTE: 5If reducing the particle size of debris to meet the treatment standards results in material that no longer meets the 60 mm minimum particle size limit for debris, such material is subject to the waste-specific treatment standards for the waste contaminating the material, unless the debris has been cleaned and separated from contaminated soil and waste prior to size reduction. At a minimum, simple physical or mechanical means must be used to provide such cleaning and separation of nondebris materials to ensure that the debris surface is free of caked soil, waste, or other nondebris material. FOOTNOTE: 6Dioxin-listed wastes are EPA Hazardous Waste numbers FO20, FO21, FO22, FO23, FO26, and FO27. FOOTNOTE: 7Thermal desorption is distinguished from Thermal Destruction in that the primary purpose of Thermal Desorption is to volatilize contaminants and to remove them from the treatment chamber for subsequent destruction or other treatment. FOOTNOTE: 8The demonstration "Equivalent Technology" under §268.42(b) must document that the technology treats contaminants subject to treatment to a level equivalent to that required by the performance and design and operating standards for other technologies in this table such that residual levels of hazardous contaminants will not pose a hazard to human health and the environment absent management controls. FOOTNOTE: 9Any soil, waste, and other nondebris material that remains on the debris surface (or remains mixed with the debris) after treatment is considered a treatment residual that must be separated from the debris using, at a minimum, simple physical or mechanical means. Examples of simple physical or mechanical means are vibratory or trommel screening or water washing. The debris surface need not be cleaned to a "clean debris surface" as defined in note 3 when separating treated debris from residue; rather, the surface must be free of caked soil, waste, or other nondebris material. Treatment residuals are subject to the waste-specific treatment standards for the waste contaminating the debris. |
||
(3)
Cyanide-reactive debris. Residue from the treatment of debris that is reactive
because of cyanide must meet the treatment standards for D003 in "Treatment
Standards for Hazardous Wastes" at §268.40
(4) Ignitable nonwastewater residue.
Ignitable nonwastewater residue containing equal to or greater than 10% total
organic carbon is subject to the technology specified in the treatment standard
for D001: Ignitable Liquids section.
(5) Residue from spalling. Layers of debris
removed by spalling are hazardous debris that remain subject to the treatment
standards of this section.
§ 268.46
Alternative treatment
standards based on HTMR
For the treatment standards previously found in this section, refer to § 268.40
§
268.47
[Reserved]
§ 268.48
Universal Treatment
Standards
(a) Table UTS identifies the
hazardous constituents, along with the nonwastewater and wastewater treatment
standard levels, that are used to regulate most prohibited hazardous wastes
with numerical limits. For determining compliance with treatment standards for
underlying hazardous constituents as defined in § 2682(i), these treatment
standards may not be exceeded. Compliance with these treatment standards is
measured by an analysis of grab samples, unless otherwise noted in the
following Table UTS.
§ 268.48 Table UTS - Universal Treatment Standards
TABLE UTS - UNIVERSAL TREATMENT STANDARDS
NOTE: NA means not applicable
|
Regulated constituent common name |
CAS1 number |
Wastewater standard |
Nonwastewater standard |
|
Concentration2 in mg/l |
Concentration3 in mg/kgunless noted as "mg/l TCLP" |
||
|
Organic Constituents |
|||
|
Acenaphthylene |
208-96-8 |
0.059 |
3.4 |
|
Acenaphthene |
83-32-9 |
0.059 |
3.4 |
|
Acetone |
67-64-1 |
0.28 |
160 |
|
Acetonitrile |
75-05-8 |
5.6 |
38 |
|
Acetophenone |
96-86-2 |
0.010 |
9.7 |
|
2-Acetylaminofluorene |
53-96-3 |
0.059 |
140 |
|
Acrolein |
107-02-8 |
0.29 |
NA |
|
Acrylamide |
79-06-1 |
19 |
23 |
|
Acrylonitrile |
107-13-1 |
0.24 |
84 |
|
Aldrin |
309-00-2 |
0.021 |
0.066 |
|
4-Aminobiphenyl |
92-67-1 |
0.13 |
NA |
|
Aniline |
62-53-3 |
0.81 |
14 |
|
o-Anisidine (2-methoxyaniline) |
90-04-0 |
0.010 |
0.66 |
|
Anthracene |
120-12-7 |
0.059 |
3.4 |
|
Aramite |
140-57-8 |
0.36 |
NA |
|
alpha-BHC |
319-84-6 |
0.00014 |
0.066 |
|
beta-BHC |
319-85-7 |
0.00014 |
0.066 |
|
delta-BHC |
319-86-8 |
0.023 |
0.066 |
|
gamma-BHC |
58-89-9 |
0.0017 |
0.066 |
|
Benzene |
71-43-2 |
0.14 |
10 |
|
Benz(a)anthracene |
56-55-3 |
0.059 |
3.4 |
|
Benzal chloride |
98-87-3 |
0.055 |
6.0 |
|
Benzo(b)fluoranthene (difficult to distinguish from benzo(k)fluoranthene) |
205-99-2 |
0.11 |
6.8 |
|
Benzo(k)fluoranthene (difficult to distinguish from benzo(b)fluoranthene) |
207-08-9 |
0.11 |
6.8 |
|
Benzo(g,h,i)perylene |
191-24-2 |
0.0055 |
1.8 |
|
Benzo(a)pyrene |
50-32-8 |
0.061 |
3.4 |
|
Bromodichloromethane |
75-27-4 |
0.35 |
15 |
|
Bromomethane/Methyl bromide |
74-83-9 |
0.11 |
15 |
|
4-Bromophenyl phenyl ether |
101-55-3 |
0.055 |
15 |
|
n-Butyl alcohol |
71-36-3 |
5.6 |
2.6 |
|
Butyl benzyl phthalate |
85-68-7 |
0.017 |
28 |
|
2-sec-Butyl-4,6-dinitrophenol/Dinoseb |
88-85-7 |
0.066 |
2.5 |
|
Carbon disulfide |
75-15-0 |
3.8 |
4.8 mg/l TCLP |
|
Carbon tetrachloride |
56-23-5 |
0.057 |
6.0 |
|
Chlordane (alpha and gamma isomers) |
57-74-9 |
0.0033 |
0.26 |
|
p-Chloroaniline |
106-47-8 |
0.46 |
16 |
|
Chlorobenzene |
108-90-7 |
0.057 |
6.0 |
|
Chlorobenzilate |
510-15-6 |
0.10 |
NA |
|
2-Chloro-1,3-butadiene |
126-99-8 |
0.057 |
0.28 |
|
Chlorodibromomethane |
124-48-1 |
0.057 |
15 |
|
Chloroethane |
75-00-3 |
0.27 |
6.0 |
|
bis(2-Chloroethoxy)methane |
111-91-1 |
0.036 |
7.2 |
|
bis(2-Chloroethyl)ether |
111-44-4 |
0.033 |
6.0 |
|
Chloroform |
67-66-3 |
0.046 |
6.0 |
|
bis(2-Chloroisopropyl)ether |
39638-32-9 |
0.055 |
7.2 |
|
p-Chloro-m-cresol |
59-50-7 |
0.018 |
14 |
|
2-Chloroethyl vinyl ether |
110-75-8 |
0.062 |
NA |
|
Chloromethane/Methyl chloride |
74-87-3 |
0.19 |
30 |
|
2-Chloronaphthalene |
91-58-7 |
0.055 |
5.6 |
|
2-Chloropchenol |
95-57-8 |
0.044 |
5.7 |
|
3-Chloropropylene |
107-05-1 |
0.036 |
30 |
|
Chrysene |
218-01-9 |
0.059 |
3.4 |
|
p-Cresidine |
120-71-8 |
0.010 |
0.66 |
|
o-Cresol |
95-48-7 |
0.11 |
5.6 |
|
m-Cresol (difficult to distinguish from p-cresol) |
108-39-4 |
0.77 |
5.6 |
|
p-Cresol (difficult to distinguish from m-cresol) |
106-44-5 |
0.77 |
5.6 |
|
Cyclohexanone |
108-94-1 |
0.36 |
0.75 mg/l TCLP |
|
o,p'-DDD |
53-19-0 |
0.023 |
0.087 |
|
p,p'-DDD |
72-54-8 |
0.023 |
0.087 |
|
o,p'-DDE |
3424-82-6 |
0.031 |
0.087 |
|
p,p'-DDE |
72-55-9 |
0.031 |
0.087 |
|
o,p'-DDT |
789-02-6 |
0.0039 |
0.087 |
|
p,p'-DDT |
50-29-3 |
0.0039 |
0.087 |
|
Dibenz(a,h)anthracene |
53-70-3 |
0.055 |
8.2 |
|
Dibenz(a,e)pyrene |
192-65-4 |
0.061 |
NA |
|
1,2-Dibromo-3-chloropropane |
96-12-8 |
0.11 |
15 |
|
1,2-Dibromoethane/Ethylene dibromide |
106-93-4 |
0.028 |
15 |
|
Dibromomethane |
74-95-3 |
0.11 |
15 |
|
m-Dichlorobenzene |
541-73-1 |
0.036 |
6.0 |
|
o-Dichlorobenzene |
95-50-1 |
0.088 |
6.0 |
|
p-Dichlorobenzene |
106-46-7 |
0.090 |
6.0 |
|
Dichlorodifluoromethane |
75-71-8 |
0.23 |
7.2 |
|
1,1-Dichloroethane |
75-34-3 |
0.059 |
6.0 |
|
1,2-Dichloroethane |
107-06-2 |
0.21 |
6.0 |
|
1,1-Dichloroethylene |
75-35-4 |
0.025 |
6.0 |
|
trans-1,2-Dichloroethylene |
156-60-5 |
0.054 |
30 |
|
2,4-Dichlorophenol |
120-83-2 |
0.044 |
14 |
|
2,6-Dichlorophenol |
87-65-0 |
0.044 |
14 |
|
2,4-Dichlorophenoxyacetic acid/2,4-D |
94-75-7 |
0.72 |
10 |
|
1,2-Dichloropropane |
78-87-5 |
0.85 |
18 |
|
cis-1,3-Dichloropropylene |
10061-01-5 |
0.036 |
18 |
|
trans-1,3-Dichloropropylene |
10061-02-6 |
0.036 |
18 |
|
Dieldrin |
60-57-1 |
0.017 |
0.13 |
|
Diethyl phthalate |
84-66-2 |
0.20 |
28 |
|
p-Dimethylaminoazobenzene |
60-11-7 |
0.13 |
NA |
|
2,4-Dimethylaniline (2,4-xylidine) |
95-68-1 |
0.010 |
0.66 |
|
2,4-Dimethyl phenol |
105-67-9 |
0.036 |
14 |
|
Dimethyl phthalate |
131-11-3 |
0.047 |
28 |
|
Di-n-butyl phthalate |
84-74-2 |
0.057 |
28 |
|
1,4-Dinitrobenzene |
100-25-4 |
0.32 |
2.3 |
|
4,6-Dinitro-o-cresol |
534-52-1 |
0.28 |
160 |
|
2,4-Dinitrophenol |
51-28-5 |
0.12 |
160 |
|
2,4-Dinitrotoluene |
121-14-2 |
0.32 |
140 |
|
2,6-Dinitrotoluene |
606-20-2 |
0.55 |
28 |
|
Di-n-octyl phthalate |
117-84-0 |
0.017 |
28 |
|
Di-n-propylnitrosamine |
621-64-7 |
0.40 |
14 |
|
1,4-Dioxane |
123-91-1 |
12.0 |
170 |
|
Diphenylamine (difficult to distinguish from diphenylnitrosamine) |
122-39-4 |
0.92 |
13 |
|
Diphenylnitrosamine (difficult to distinguish from diphenylamine) |
86-30-6 |
0.92 |
13 |
|
1,2-Diphenylhydrazine |
122-66-7 |
0.087 |
NA |
|
Disulfoton |
298-04-4 |
0.017 |
6.2 |
|
Endosulfan I |
959-98-8 |
0.023 |
0.066 |
|
Endosulfan II |
33213-65-9 |
0.029 |
0.13 |
|
Endosulfan sulfate |
1031-07-8 |
0.029 |
0.13 |
|
Endrin |
72-20-8 |
0.0028 |
0.13 |
|
Endrin aldehyde |
7421-93- |
0.025 |
0.13 |
|
4 |
|||
|
Ethyl acetate |
141-78-6 |
0.34 |
33 |
|
Ethyl benzene |
100-41-4 |
0.057 |
10 |
|
Ethyl cyanide/Propanenitrile |
107-12-0 |
0.24 |
360 |
|
Ethyl ether |
60-29-7 |
0.12 |
160 |
|
bis(2-Ethylhexyl)phthalate |
117-81-7 |
0.28 |
28 |
|
Ethyl methacrylate |
97-63-2 |
0.14 |
160 |
|
Ethylene oxide |
75-21-8 |
0.12 |
NA |
|
Famphur |
52-85-7 |
0.017 |
15 |
|
Fluoranthene |
206-44-0 |
0.068 |
3.4 |
|
Fluorene |
86-73-7 |
0.059 |
3.4 |
|
Heptachlor |
76-44-8 |
0.0012 |
0.066 |
|
1,2,3,4,6,7,8-Heptachlorodibenzo-p-dioxin (1,2,3,4,6,7,8-HpCDD) |
35822-46-9 |
0.000035 |
.0025 |
|
1,2,3,4,6,7,8-Heptachlorodibenzofluran (1,2,3,4,6,7,8-HpCDF) |
67562-39-4 |
0.000035 |
.0025 |
|
1,2,3,4,7,8,9-Heptachlorodibenzofluran (1,2,3,4,7,8,9-HpCDF) |
55673-89-7 |
0.000035 |
.0025 |
|
Heptachlor epoxide |
1024-57-3 |
0.016 |
0.066 |
|
Hexachlorobenzene |
118-74-1 |
0.055 |
10 |
|
Hexachlorobutadiene |
87-68-3 |
0.055 |
5.6 |
|
Hexachlorocyclopentadiene |
77-47-4 |
0.057 |
2.4 |
|
HxCDDs (All Hexachlorodibenzo-p-dioxins) |
NA |
0.000063 |
0.001 |
|
HxCDFs (All Hexachlorodibenzofurans) |
NA |
0.000063 |
0.001 |
|
Hexachloroethane |
67-72-1 |
0.055 |
30 |
|
Hexachloropropylene |
1888-71-7 |
0.035 |
30 |
|
Indeno(1,2,3-c,d) pyrene |
193-39-5 |
0.0055 |
3.4 |
|
Iodomethane |
74-88-4 |
0.19 |
65 |
|
Isobutyl alcohol |
78-83-1 |
5.6 |
170 |
|
Isodrin |
465-73-6 |
0.021 |
0.066 |
|
Isosafrole |
120-58-1 |
0.081 |
2.6 |
|
Kepone |
143-50-0 |
0.0011 |
0.13 |
|
Methacrylonitrile |
126-98-7 |
0.24 |
84 |
|
Methanol |
67-56-1 |
5.6 |
0.75 mg/l TCLP |
|
Methapyrilene |
91-80-5 |
0.081 |
1.5 |
|
Methoxychlor |
72-43-5 |
0.25 |
0.18 |
|
3-Methylcholanthrene |
56-49-5 |
0.0055 |
15 |
|
4,4-Methylene bis(2-chloroaniline) |
101-14-4 |
0.50 |
30 |
|
Methylene chloride |
75-09-2 |
0.089 |
30 |
|
Methyl ethyl ketone |
78-93-3 |
0.28 |
36 |
|
Methyl isobutyl ketone |
108-10-1 |
0.14 |
33 |
|
Methyl methacrylate |
80-62-6 |
0.14 |
160 |
|
Methyl methanesulfonate |
66-27-3 |
0.018 |
NA |
|
Methyl parathion |
298-00-0 |
0.014 |
4.6 |
|
Naphthalene |
91-20-3 |
0.059 |
5.6 |
|
2-Naphthylamine |
91-59-8 |
0.52 |
NA |
|
o-Nitroaniline |
88-74-4 |
0.27 |
14 |
|
p-Nitroaniline |
100-01-6 |
0.028 |
28 |
|
Nitrobenzene |
98-95-3 |
0.068 |
14 |
|
5-Nitro-o-toluidine |
99-55-8 |
0.32 |
28 |
|
o-Nitrophenol |
88-75-5 |
0.028 |
13 |
|
p-Nitrophenol |
100-02-7 |
0.12 |
29 |
|
N-Nitrosodiethylamine |
55-18-5 |
0.40 |
28 |
|
N-Nitrosodimethylamine |
62-75-9 |
0.40 |
2.3 |
|
N-Nitroso-di-n-butylamine |
924-16-3 |
0.40 |
17 |
|
N-Nitrosomethylethylamine |
10595-95-6 |
0.40 |
2.3 |
|
N-Nitrosomorpholine |
59-89-2 |
0.40 |
2.3 |
|
N-Nitrosopiperidine |
100-75-4 |
0.013 |
35 |
|
N-Nitrosopyrrolidine |
930-55-2 |
0.013 |
35 |
|
1,2,3,4,6,7,8,9-Octachlorodibenzo-p-dioxin (OCDD) |
3268-87-9 |
0.000063 |
0.005 |
|
1,2,3,4,6,7,8,9-Octachlorodibenzofluran (OCDF) |
39001-02-0 |
0.000063 |
0.005 |
|
Parathion |
56-38-2 |
0.014 |
4.6 |
|
Total PCBs (sum of all PCB isomers, or all Aroclors)8 |
1336-36-3 |
0.10 |
10 |
|
Pentachlorobenzene |
608-93-5 |
0.055 |
10 |
|
PeCDDs (All Pentachlorodibenzo-p-dioxins) |
NA |
0.000063 |
0.001 |
|
PeCDFs (All Pentachlorodibenzofurans) |
NA |
0.000035 |
0.001 |
|
Pentachloroethane |
76-01-7 |
0.055 |
6.0 |
|
Pentachloronitrobenzene |
82-68-8 |
0.055 |
4.8 |
|
Pentachlorophenol |
87-86-5 |
0.089 |
7.4 |
|
Phenacetin |
62-44-2 |
0.081 |
16 |
|
Phenanthrene |
85-01-8 |
0.059 |
5.6 |
|
Phenol |
108-95-2 |
0.039 |
6.2 |
|
1,3-Phenylenediamine |
108-45-2 |
0.010 |
0.66 |
|
Phorate |
298-02-2 |
0.021 |
4.6 |
|
Phthalic acid |
100-21-0 |
0.055 |
28 |
|
Phthalic anhydride |
85-44-9 |
0.055 |
28 |
|
Pronamide |
23950-58-5 |
0.093 |
1.5 |
|
Pyrene |
129-00-0 |
0.067 |
8.2 |
|
Pyridine |
110-86-1 |
0.014 |
16 |
|
Safrole |
94-59-7 |
0.081 |
22 |
|
Silvex/2,4,5-TP |
93-72-1 |
0.72 |
7.9 |
|
1,2,4,5-Tetrachlorobenzene |
95-94-3 |
0.055 |
14 |
|
TCDDs (All Tetrachlorodibenzo-p-dioxins) |
NA |
0.000063 |
0.001 |
|
TCDFs (All Tetrachlorodibenzofurans) |
NA |
0.000063 |
0.001 |
|
1,1,1,2-Tetrachloroethane |
630-20-6 |
0.057 |
6.0 |
|
1,1,2,2-Tetrachloroethane |
79-34-5 |
0.057 |
6.0 |
|
Tetrachloroethylene |
127-18-4 |
0.056 |
6.0 |
|
2,3,4,6-Tetrachlorophenol |
58-90-2 |
0.030 |
7.4 |
|
Toluene |
108-88-3 |
0.080 |
10 |
|
Toxaphene |
8001-35-2 |
0.0095 |
2.6 |
|
Tribromomethane/Bromoform |
75-25-2 |
0.63 |
15 |
|
1,2,4-Trichlorobenzene |
120-82-1 |
0.055 |
19 |
|
1,1,1-Trichloroethane |
71-55-6 |
0.054 |
6.0 |
|
1,1,2-Trichloroethane |
79-00-5 |
0.054 |
6.0 |
|
Trichloroethylene |
79-01-6 |
0.054 |
6.0 |
|
Trichlorofluoromethane |
75-69-4 |
0.020 |
30 |
|
2,4,5-Trichlorophenol |
95-95-4 |
0.18 |
7.4 |
|
2,4,6-Trichlorophenol |
88-06-2 |
0.035 |
7.4 |
|
2,4,5-Trichlorophenoxyacetic acid/2,4,5-T |
93-76-5 |
0.72 |
7.9 |
|
1,2,3-Trichloropropane |
96-18-4 |
0.85 |
30 |
|
1,1,2-Trichloro-1,2,2-trifluoroethane |
76-13-1 |
0.057 |
30 |
|
tris-(2,3-Dibromopropyl) phosphate |
126-72-7 |
0.11 |
0.10 |
|
Vinyl chloride |
75-01-4 |
0.27 |
6.0 |
|
Xylenes-mixed isomers (sum of o-, m-, and p-xylene concentrations) |
1330-20-7 |
0.32 |
30 |
|
Inorganic Constituents |
|||
|
Antimony |
7440-36-0 |
1.9 |
1.15 mg/l TCLP |
|
Arsenic |
7440-38-2 |
1.4 |
5.0 mg/l TCLP |
|
Barium |
7440-39-3 |
1.2 |
21 mg/l TCLP |
|
Beryllium |
7440-41-7 |
0.82 |
1.22 mg/l TCLP |
|
Cadmium |
7440-43-9 |
0.69 |
0.11 mg/l TCLP |
|
Chromium (Total) |
7440-47-3 |
2.77 |
0.60 mg/l TCLP |
|
Cyanides (Total)4 |
57-12-5 |
1.2 |
590 |
|
Cyanides (Amenable)4 |
57-12-5 |
0.86 |
30 |
|
Fluoride5 |
16984-48-8 |
35 |
NA |
|
Lead |
7439-92-1 |
0.69 |
0.75 mg/l TCLP |
|
Mercury-Nonwastewater from Retort |
7439-97-6 |
NA |
0.20 mg/l TCLP |
|
Mercury-All Others |
7439-97-6 |
0.15 |
0.025 mg/l TCLP |
|
Nickel |
7440-02-0 |
3.98 |
11 mg/l TCLP |
|
Selenium7 |
7782-49-2 |
0.82 |
5.7 mg/l TCLP |
|
Silver |
7440-22-4 |
0.43 |
0.14 mg/l TCLP |
|
Sulfide5 |
18496-25-8 |
14 |
NA |
|
Thallium |
7440-28-0 |
1.4 |
0.20 mg/l TCLP |
|
Vanadium5 |
7440-62-2 |
4.3 |
1.6 mg/l TCLP |
|
Zinc5 |
7440-66-6 |
2.61 |
4.3 mg/l TCLP |
|
FOOTNOTES TO TABLE UTS 1. CAS means Chemical Abstract Services When the waste code and/or regulated constituents are described as a combination of a chemical with its salts and/or esters, the CAS number is given for the parent compound only 2. Concentration standards for wastewaters are expressed in mg/L and are based on analysis of composite samples 3. Except for Metals (EP or TCLP) and Cyanides (Total and Amenable) the nonwastewater treatment standards expressed as a concentration were established, in part, based upon incineration in units operated in accordance with the technical requirements of Section 264, Subsection O or Section 265, Subsection O, or based upon combustion in fuel substitution units operating in accordance with applicable technical requirements A facility may comply with these treatment standards according to provisions in § 268.40(d) All concentration standards for nonwastewaters are based on analysis of grab samples 4. Both Cyanides (Total) and Cyanides (Amenable) for nonwastewaters are to be analyzed using Method 9010C or 9012B, found in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by reference in § 260.11, with a sample size of 10 grams and a distillation time of one hour and 15 minutes 5. These constituents are not "underlying hazardous constituents" in characteristic wastes, according to the definition at §268.2(i) 6. (Reserved) 7. This constituent is not an underlying hazardous constituent as defined at § 268.2(i) of this Section because its UTS level is greater than its TC level, thus a treated selenium waste would always be characteristically hazardous, unless it is treated to below its characteristic level 8. Measured in mg/L, TCLP. 9. This standard is temporarily deferred for soil exhibiting a hazardous characteristic due to D004-D011 only. |
|||
§ 268.49
Alternative LDR treatment standards for contaminated soil
(a) Applicability. You must comply with LDRs
prior to placing soil that exhibits a characteristic of hazardous waste, or
exhibited a characteristic of hazardous waste at the time it was generated,
into a land disposal unit. The following chart describes whether you must
comply with LDRs prior to placing soil contaminated by listed hazardous waste
into a land disposal unit:
*For dates of LDR applicability, see Section 268 Appendix VII. To determine the date any given listed hazardous waste contaminated any given volume of soil, use the last date any given listed hazardous waste was placed into any given land disposal unit or, in the case of an accidental spill, the date of the spill.
(b) Prior
to land disposal, contaminated soil identified by paragraph (a) of this section
as needing to comply with LDRs must be treated according to the applicable
treatment standards specified in paragraph (c) of this section or according to
the Universal Treatment Standards specified in § 268.48 applicable to the
contaminating listed hazardous waste and/or the applicable characteristic of
hazardous waste if the soil is characteristic. The treatment standards
specified in paragraph (c) of this section and the Universal Treatment
Standards may be modified through a treatment variance approved in accordance
with § 268.44.
(c) Treatment
standards for contaminated soils. Prior to land disposal, contaminated soil
identified by paragraph (a) of this section as needing to comply with LDRs must
be treated according to all the standards specified in this paragraph or
according to the Universal Treatment Standards specified in
40 CFR
268.48.
(1)
All soils. Prior to land disposal, all constituents subject to treatment must
be treated as follows:
(A) For non-metals
except carbon disulfide, cyclohexanone, and methanol, treatment must achieve 90
percent reduction in total constituent concentrations, except as provided by
paragraph (c)(1)(C) of this section.
(B) For metals and carbon disulfide,
cyclohexanone, and methanol, treatment must achieve 90 percent reduction in
constituent concentrations as measured in leachate from the treated media
(tested according to the TCLP) or 90 percent reduction in total constituent
concentrations (when a metal removal treatment technology is used), except as
provided by paragraph (c)(1)(C)of this section.
(C) When treatment of any constituent subject
to treatment to a 90 percent reduction standard would result in a concentration
less than 10 times the Universal Treatment Standard for that constituent,
treatment to achieve constituent concentrations less than 10 times the
universal treatment standard is not required Universal Treatment Standards are
identified in § 268.48 - Table UTS.
(2) Soils that exhibit the characteristic of
ignitability, corrosivity or reactivity. In addition to the treatment required
by paragraph (c)(1) of this section, prior to land disposal, soils that exhibit
the characteristic of ignitability, corrosivity, or reactivity must be treated
so as to eliminate these characteristics.
|
If LDRs |
And if LDRs |
And if |
Then you |
|
Applied to the listed waste when it contaminated the soil* |
Apply to the listed waste now |
Must comply with LDRs |
|
|
Didn't apply to the listed waste when it contaminated the soil* |
Apply to the listed waste now |
The soil is determined to contain the listed waste when the soil is first generated |
Must comply with LDRs. |
|
Didn't apply to the listed waste when it contaminated the soil* |
Apply to the listed waste now |
The soil is determined not to contain the listed waste when the soil is first generated |
Needn't comply with LDRs. |
|
Didn't apply to the listed waste when it contaminated the soil* |
Don't apply to the listed waste now |
Needn't comply with LDRs. |
(3)
Soils that contain nonanalyzable constituents. In addition to the treatment
requirements of paragraphs (c)(1) and (2) of this section, prior to land
disposal, the following treatment is required for soils that contain
nonanalyzable constituents:
(A) For soil that
contains only analyzable and nonanalyzable organic constituents, treatment of
the analyzable organic constituents to the levels specified in paragraphs
(c)(1) and (2) of this section; or,
(B) For soil that contains only nonanalyzable
constituents, treatment by the method(s) specified in § 268.42 for the
waste contained in the soil.
(d) Constituents subject to treatment. When
applying the soil treatment standards in paragraph (c) of this section,
constituents subject to treatment are any constituents listed in §268.48
Table UTS-Universal Treatment Standards that are reasonably expected to be
present in any given volume of contaminated soil, except fluoride, selenium,
sulfides, vanadium, zinc, and that are present at concentrations greater than
ten times the universal treatment standard. PCBs are not a constituent subject
to treatment in any given volume of soil which exhibits the toxicity
characteristic solely because of the presence of metals.
(e) Management of treatment residuals.
Treatment residuals from treating contaminated soil identified by paragraph (a)
of this section as needing to comply with LDRs must be managed as follows:
(1) Soil residuals are subject to the
treatment standards of this section;
(2) Non-soil residuals are subject to:
(A) For soils contaminated by listed
hazardous waste, the RCRA Subtitle C standards applicable to the listed
hazardous waste; and
(B) For soils
that exhibit a characteristic of hazardous waste, if the non-soil residual also
exhibits a characteristic of hazardous waste, the treatment standards
applicable to the characteristic hazardous waste.
Subsection E
-- Prohibitions on Storage
§
268.50
Prohibitions on storage of restricted wastes
(a) Except as provided in this section, the
storage of hazardous wastes restricted from land disposal under Subsection C of
this section of RCRA section 3004 is prohibited, unless the following
conditions are met:
(1) A generator stores
such wastes in tanks, containers, or containment buildings on-site solely for
the purpose of the accumulation of such quantities of hazardous waste as
necessary to facilitate proper recovery, treatment, or disposal and the
generator complies with the requirements in §§ 262.16, 262.17, and
sections 264 and 265 of this rule.
(2) An owner/operator of a hazardous waste
treatment, storage, or disposal facility stores such wastes in tanks,
containers, or containment buildings solely for the purpose of the accumulation
of such quantities of hazardous waste as necessary to facilitate proper
recovery, treatment, or disposal and:
(i) Each
container is clearly marked to identify its contents and with:
(A) The words "Hazardous Waste";
(B) The applicable EPA hazardous waste
number(s) (EPA hazardous waste codes) in subsections C and D of section 261 of
this rule; or use a nationally recognized electronic system, such as bar
coding, to identify the EPA hazardous waste number(s);
(C) An indication of the hazards of the
contents (examples include, but are not limited to, the applicable hazardous
waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard
communication consistent with the Department of Transportation requirements at
49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard
statement or pictogram consistent with the Occupational Safety and Health
Administration Hazard Communication Standard at
29 CFR
1910.1200; or a chemical hazard label
consistent with the National Fire Protection Association code 704);
and
(D) The date each period of
accumulation begins.
(ii)
Each tank is clearly marked with a description of its contents, the quantity of
each hazardous waste received, and the date each period of accumulation begins,
or such information for each tank is recorded and maintained in the operating
record at that facility. Regardless of whether the tank itself is marked, an
owner/operator must comply with the operating record requirements specified in
§ 264.73 or § 265.73.
(3) A transporter stores manifested shipments
of such wastes at a transfer facility for 10 days or less.
(b) An owner/operator of a treatment, storage
or disposal facility may store such wastes for up to one year unless the Agency
can demonstrate that such storage was not solely for the purpose of
accumulation of such quantities of hazardous waste as are necessary to
facilitate proper recovery, treatment, or disposal.
(c) An owner/operator of a treatment, storage
or disposal facility may store such wastes beyond one year; however, the
owner/operator bears the burden of proving that such storage was solely for the
purpose of accumulation of such quantities of hazardous waste as are necessary
to facilitate proper recovery, treatment, or disposal.
(d) If a generator's waste is exempt from a
prohibition on the type of land disposal utilized for the waste (for example,
because of an approved case-by-case extension under § 268.5, an approved
§ 268.6 petition, or a national capacity variance under Subsection C), the
prohibition in paragraph (a) of this section does not apply during the period
of such exemption.
(e) The
prohibition in paragraph (a) of this section does not apply to hazardous wastes
that meet the treatment standards specified under §§ 268.41, 268.42,
and 268.43 or the treatment standards specified under the variance in §
268.44, or, where treatment standards have not been specified, is in compliance
with the applicable prohibitions specified in § 268.32 or RCRA section
3004.
(f) Liquid hazardous wastes
containing polychlorinated biphenyls (PCBs) at concentrations greater than or
equal to 50 ppm must be stored at a facility that meets the requirements of
40 CFR
761.65(b) and must be
removed from storage and treated or disposed as required by this section within
one year of the date when such wastes are first placed into storage. The
provisions of paragraph (c) of this section do not apply to such PCB wastes
prohibited under § 268.32 of this section.
(g) The prohibition and requirements in this
Section do not apply to hazardous remediation wastes stored in a staging pile
approved pursuant to § 264.554 of this rule.
Appendix I to Section 268 -- [Reserved]
Appendix II to Section 268 -- [Reserved]
Appendix III to Section 268-List of Halogenated Organic Compounds Regulated Under § 268.32
In determining the concentration of HOCs in a hazardous waste for purposes of the § 26832 land disposal prohibition, EPA has defined the HOCs that must be included in a calculation as any compounds having a carbon-halogen bond which are listed in this Appendix (see § 268.2). Appendix III to Part 268 consists of the following compounds:
I
Volatiles
1. Bromodichloromethane
2. Bromomethane
3. Carbon Tetrachloride
4. Chlorobenzene
5. 2-Chloro-1,3-butadiene
6. Chlorodibromomethane
7. Chloroethane
8. 2-Chloroethyl vinyl ether
9. Chloroform
10. Chloromethane
11. 3-Chloropropene
12. 1,2-Dibromo-3-chloropropane
13. 1,2-Dibromomethane
14. Dibromomethane
15. Trans-1,4-Dichloro-2-butene
16. Dichlorodifluoromethane
17. 1,1-Dichloroethane
18. 1,2-Dichloroethane
19. 1,1-Dichloroethylene
20. Trans-1,2-Dichloroethene
21. 1,2-Dichloropropane
22. Trans-1,3-Dichloropropene
23. cis-1,3-Dichloropropene
24. Iodomethane
25. Methylene chloride
26. 1,1,1,2-Tetrachloroethane
27. 1,1,2,2-Tetrachloroethane
28. Tetrachloroethene
29. Tribromomethane
30. 1,1,1-Trichloroethane
31. 1,1,2-Trichloroethane
32. Trichlorothene
33. Trichloromonofluoromethane
34. 1,2,3-Thrichloropropane
35. Vinyl Chloride
II.
Semivolatiles
1. Bis(2-chloroethoxy)ethane
2. Bis(2-chloroethyl)ether
3. Bis(2-chloroisopropyl)ether
4. p-Chloroaniline
5. Chlorobenzilate
6. p-Chloro-m-cresol
7. 2-Chloronaphthalene
8. 2-Chlorphenol
9 3-Chloropropionitrile
10. m-Dichlorobenzene
11. o-Dichlorobenzene
12. p-Dichlorobenzene
13. 3,3'-Dichlorobenzidine
14. 2,4-Dichlorophenol
15. 2,6-Dichlorophenol
16. Hexachlorobenzene
17. Hexachlorobutadiene
18. Hexachlorocyclopentadiene
19. Hexachloroethane
20. Hexachloroprophene
21. Hexachlorpropene
22.
4,4'-Methylenebis(2-chloroanaline)
23. Pentachlorobenzene
24. Pentachloroethane
25. Pentachloronitrobenzene
26. Pentachlorophenol
27. Pronamide
28. 1,2,4,5-Tetrachlorobenzene
29. 2,3,4,6-Tetrachlorophenol
30. 1,2,4-Trichlorobenzene
31. 2,4,5-Trichlorophenol
32. 2,4,6-Trichlorophenol
33.
Tris(2,3-dibromopropyl)phosphate
III.
Organochlorine Pesticides
1. Aldrin
2. alpha-BHC
3. beta-BHC
4. delta-BHC
5. gamma-BHC
6. Chlorodane
7. DDD
8. DDE
9. DDT
10. Dieldrin
11. Endosulfan I
12. Endosulfan II
13. Endrin
14. Endrin aldehyde
15. Heptachlor
16. Heptachlor epoxide
17. Isodrin
18. Kepone
19. Methoxyclor
20. Toxaphene
IV.
Phenoxyacetic Acid
Herbicides
1.
2,4-Dichlorophenoxyacetic acid
2.
Silvex
3.
2,4,5-T
V.
PCBs
1. Aroclor 1016
2. Aroclor 1221
3. Aroclor 1232
4. Aroclor 1242
5. Aroclor 1248
6. Aroclor 1254
7. Aroclor 1260
8. PCBs not otherwise specified
VI .
Dioxins and
Furans
1.
Hexachlorodibenzo-p-dioxins
2.
Hexachlorodibenzofuran
3.
Pentachlorodibenzo-p-dioxins
4.
Pentachlorodibenzofuran
5.
Tetrachlorodibenzo-p-dioxins
6.
Tetrachlorodibenzofuran
7.
2,3,7,8-Tetrachlorodibenzo-p-dioxin
Appendix IV to Section 268-Wastes Excluded From Lab Packs Under the Alternative Treatment Standards of § 268.42(c)
Hazardous waste with the following EPA Hazardous Waste Codes may not be placed in lab packs under the alternative lab pack treatment standards of § 268.42(c): D009, F019, K003, K004, K005, K006, K062, K071, K100, K106, P010, P011, P012, P076, P078, U134, U151.
Appendix V to Section 268 -- [Reserved]
Appendix VI to Section 268 - Recommended Technologies to Achieve Deactivation of Characteristics in Section 268.42
The treatment standard for many characteristic wastes is stated in the § 268.40 Table of Treatment Standards as "Deactivation and meev UTS." EPA has determined that many technologies, when used alone or in combination, can achieve the deactivation portion of the treatment standard. Characteristic wastes that are not managed in a facility regulated by the Clean Water Act (CWA) or in a CWA-equivalent facility, and that also contain underlying hazardous constituents (see § 268.2(i)) must be treated not only by a "deactivating" technology to remove the characteristic, but also to achieve the universal treatment standards (UTS) for underlying hazardous constituents. The following appendix presents a partial list of technologies, utilizing the five letter technology codes established in § 268.42 Table 1, that may be useful in meeting the treatment standard. Use of these specific technologies is not mandatory and does not preclude direct reuse, recovery, and/or the use of other pretreatment technologies, provided deactivation is achieved and underlying hazardous constituents are treated to achieve the UTS.
|
Waste code/subcategory |
Nonwastewaters |
Wastewaters |
|
D001 Ignitable Liquids based on 261.21(a)(1)-Low TOC Nonwastewater Subcategory (containing 1% to <10% TOC) |
RORGS INCIN WETOX CHOXD BIODG |
n.a. |
|
D001 Ignitable Liquids based on 261.21(a)(1)-Ignitable Wastewater Subcategory (containing <1% TOC) |
n.a. |
RORGS INCIN WETOX CHOXD BIODG |
|
D001 Compressed Gases based on 261.21(A)(3) |
RCGAS INCIN FSUBS ADGAS fb. INCIN ADGAS fb. (CHOXD; or CHRED) |
n.a. |
|
D001 Ignitable Reactives based on 261.21(a)(2) |
WTRRX CHOXD CHRED STABL INCIN |
n.a. |
|
D001 Ignitable Oxidizers based on 261.21(a)(4) |
CHRED INCIN |
CHRED INCIN |
|
D002 Acid Subcategory based on 261.22(a)(1) with pH less than or equal to 2 |
RCORR NEUTR INCIN |
NEUTR INCIN |
|
D002 Alkaline Subcategory based on 261.22(a)(1) with pH greater than or equal to 12.5 |
NEUTR INCIN |
NEUTR INCIN |
|
D002 Other Corrosives based on 261.22(a)(2) |
CHOXD CHRED INCIN STABL |
CHOXD CHRED INCIN |
|
D003 Water Reactives based on 261.23(a) (2), (3), and (4) |
INCIN WTRRX CHOXD CHRED |
n.a. |
|
D003 Reactive Sulfides based on 261.23(a)(5) |
CHOXD CHRED INCIN STABL |
CHOXD CHRED BIODG INCIN |
|
D003 Explosives based on 261.23(a) (6), (7), and (8) |
INCIN CHOXD CHRED |
INCIN CHOXD CHRED BIODG CARBN |
|
D003 Other Reactives based on 261.23(a)(1) |
INCIN CHOXD CHRED |
INCIN CHOXD CHRED BIODG CARBN |
|
K044 Wastewater treatment sludges from the manufacturing and processing of explosives |
CHOXD CHRED INCIN |
CHOXD CHRED BIODG CARBN INCIN |
|
K045 Spent carbon from the treatment of wastewaters containing explosives |
CHOXD CHRED INCIN |
CHOXD CHRED BIODG CARBN INCIN |
|
K047 Pink/red water from TNT operations |
CHOXD CHRED INCIN |
CHOXD CHRED BIODG CARBN INCIN |
Note: "N/A" stands for "not applicable"; "fb" stands for "followed by"
Appendix VII to Section 268
Table 1
Effective Dates of Surface Disposed Wastes (Non-Soil and Debris) Regulated in the LDRSa- Comprehensive List
|
Waste code |
Waste category |
Effective date |
|
D001c |
All (except High TOC Ignitable Liquids) |
Aug. 9, 1993. |
|
D001 |
High TOC Ignitable Liquids |
Aug. 8, 1990. |
|
D002c |
All |
Aug. 9, 1993. |
|
D003 |
Newly identified surface-disposed elemental phosphorus processing wastes |
May 26, 2000. |
|
D004 |
Newly identified D004 and mineral processing wastes |
Aug. 24, 1998. |
|
D004 |
Mixed radioactive/newly identified D004 or mineral processing wastes |
May 26, 2000 |
|
D005 |
Newly identified D005 and mineral processing wastes |
Aug. 24, 1998. |
|
D005 |
Mixed radioactive/newly identified D005 or mineral processing wastes |
May 26, 2000. |
|
D006 |
Newly identified D006 and mineral processing wastes |
Aug. 24, 1998. |
|
D006 |
Mixed radioactive/newly identified D006 or mineral processing wastes |
May 26, 2000. |
|
D007 |
Newly identified D007 and mineral processing wastes |
Aug. 24, 1998. |
|
D007 |
Mixed radioactive/newly identified D007 or mineral processing wastes |
May 26, 2000. |
|
D008 |
Newly identified D008 and mineral processing waste |
Aug. 24, 1998. |
|
D008 |
Mixed radioactive/newly identified D008 or mineral processing wastes |
May 26, 2000. |
|
D009 |
Newly identified D009 and mineral processing waste |
Aug. 24, 1998. |
|
D009 |
Mixed radioactive/newly identified D009 or mineral processing wastes |
May 26, 2000. |
|
D010 |
Newly identified D010 and mineral processing wastes |
Aug. 24, 1998. |
|
D010 |
Mixed radioactive/newly identified D010 or mineral processing wastes |
May 26, 2000. |
|
D011 |
Newly identified D011 and mineral processing wastes |
Aug. 24, 1998. |
|
D011 |
Mixed radioactive/newly identified D011 or mineral processing wastes |
May 26, 2000. |
|
D012 (that exhibit the toxicity characteristic based on the TCLP)d |
All |
Dec. 14, 1994. |
|
D013 (that exhibit the toxicity characteristic based on the TCLP)d |
All |
Dec. 14, 1994. |
|
D014 (that exhibit the toxicity characteristic based on the TCLP)d |
All |
Dec. 14, 1994. |
|
D015 (that exhibit the toxicity characteristic based on the TCLP)d |
All |
Dec. 14, 1994. |
|
D016 (that exhibit the toxicity characteristic based on the TCLP)d |
All |
Dec. 14, 1994. |
|
D017 (that exhibit the toxicity characteristic based on the TCLP)d |
All |
Dec. 14, 1994. |
|
D018 |
Mixed with radioactive wastes |
Sept. 19, 1996. |
|
D018 |
All others |
Dec. 19, 1994. |
|
D019 |
Mixed with radioactive wastes |
Sept. 19, 1996. |
|
D019 |
All others |
Dec. 19, 1994. |
|
D020 |
Mixed with radioactive wastes |
Sept. 19, 1996. |
|
D020 |
All others |
Dec. 19, 1994. |
|
D021 |
Mixed with radioactive wastes |
Sept. 19, 1996. |
|
D021 |
All others |
Dec. 19, 1994. |
|
D022 |
Mixed with radioactive wastes |
Sept. 19, 1996. |
|
D022 |
All others |
Dec. 19, 1994. |
|
D023 |
Mixed with radioactive wastes |
Sept. 19, 1996. |
|
D023 |
All others |
Dec. 19, 1994. |
|
D024 |
Mixed with radioactive wastes |
Sept. 19, 1996. |
|
D024 |
All others |
Dec. 19, 1994. |
|
D025 |
Mixed with radioactive wastes |
Sept. 19, 1996. |
|
D025 |
All others |
Dec. 19, 1994. |
|
D026 |
Mixed with radioactive wastes |
Sept. 19, 1996. |
|
D026 |
All others |
Dec. 19, 1994. |
|
D027 |
Mixed with radioactive wastes |
Sept. 19, 1996. |
|
D027 |
All others |
Dec. 19, 1994. |
|
D028 |
Mixed with radioactive wastes |
Sept. 19, 1996. |
|
D028 |
All others |
Dec. 19, 1994. |
|
D029 |
Mixed with radioactive wastes |
Sept. 19, 1996. |
|
D029 |
All others |
Dec. 19, 1994. |
|
D030 |
Mixed with radioactive wastes |
Sept. 19. 1996. |
|
D030 |
All others |
Dec. 19, 1994. |
|
D031 |
Mixed with radioactive wastes |
Sept. 19, 1996. |
|
D031 |
All others |
Dec. 19, 1994. |
|
D032 |
Mixed with radioactive wastes |
Sept. 19, 1996. |
|
D032 |
All others |
Dec. 19, 1994. |
|
D033 |
Mixed with radioactive wastes |
Sept. 19, 1996. |
|
D033 |
All others |
Dec. 19, 1994. |
|
D034 |
Mixed with radioactive wastes |
Sept. 19, 1996. |
|
D034 |
All others |
Dec. 19, 1994. |
|
D035 |
Mixed with radioactive wastes |
Sept. 19, 1996. |
|
D035 |
All others |
Dec. 19, 1994. |
|
D036 |
Mixed with radioactive wastes |
Sept. 19, 1996. |
|
D036 |
All others |
Dec. 19, 1994. |
|
D037 |
Mixed with radioactive wastes |
Sept. 19, 1996. |
|
D037 |
All others |
Dec. 19, 1994. |
|
D038 |
Mixed with radioactive wastes |
Sept. 19, 1996. |
|
D038 |
All others |
Dec. 19, 1994. |
|
D039 |
Mixed with radioactive wastes |
Sept. 19, 1996. |
|
D039 |
All others |
Dec. 19, 1994. |
|
D040 |
Mixed with radioactive wastes |
Sept. 19, 1996. |
|
D040 |
All others |
Dec. 19, 1994. |
|
D041 |
Mixed with radioactive wastes |
Sept. 19, 1996. |
|
D041 |
All others |
Dec. 19, 1994. |
|
D042 |
Mixed with radioactive wastes |
Sept. 19, 1996. |
|
D042 |
All others |
Dec. 19, 1994. |
|
D043 |
Mixed with radioactive wastes |
Sept. 19, 1996. |
|
D043 |
All others |
Dec. 19, 1994. |
|
F001 |
Small quantity generators, CERCLA response/RCRA corrective action, initial generator's solvent-water mixtures, solvent-containing sludges and solids |
Nov. 8, 1988. |
|
F001 |
All others |
Nov. 8, 1986. |
|
F002 (1,1,2-trichloroethane) |
Wastewater and Nonwastewater |
Aug. 8, 1990. |
|
F002 |
Small quantity generators, CERCLA response/RCRA corrective action, initial generator's solvent-water mixtures, solvent-containing sludges and solids |
Nov. 8, 1988. |
|
F002 |
All others |
Nov. 8, 1986. |
|
F003 |
Small quantity generators, CERCLA response/RCRA corrective action, initial generator's solvent-water mixtures, solvent-containing sludges and solids |
Nov. 8, 1988. |
|
F003 |
All others |
Nov. 8, 1986. |
|
F004 |
Small quantity generators, CERCLA response/RCRA corrective action, initial generator's solvent-water mixtures, solvent-containing sludges and solids |
Nov. 8, 1988. |
|
F004 |
All others |
Nov. 8, 1986. |
|
F005 (benzene, 2-ethoxy ethanol, 2-nitropropane) |
Wastewater and Nonwastewater |
Aug. 8, 1990. |
|
F005 |
Small quantity generators, CERCLA response/RCRA corrective action, initial generator's solvent-water mixtures, solvent-containing sludges and solids |
Nov. 8, 1988. |
|
F005 |
All others |
Nov. 8, 1986. |
|
F006 |
Wastewater |
Aug. 8, 1990. |
|
F006 |
Nonwastewater |
Aug. 8, 1988. |
|
F006 (cyanides) |
Nonwastewater |
July 8, 1989. |
|
F007 |
All |
July 8, 1989. |
|
F008 |
All |
July 8, 1989. |
|
F009 |
All |
July 8, 1989. |
|
F010 |
All |
June 8, 1989. |
|
F011 (cyanides) |
Nonwastewater |
Dec. 8, 1989. |
|
F011 |
All others |
July 8, 1989. |
|
F012 (cyanides) |
Nonwastewater |
Dec. 8, 1989. |
|
F012 |
All others |
July 8, 1989. |
|
F019 |
All |
Aug. 8, 1990. |
|
F020 |
All |
Nov. 8, 1988. |
|
F021 |
All |
Nov. 8, 1988. |
|
F025 |
All |
Aug. 8, 1990. |
|
F026 |
All |
Nov. 8, 1988. |
|
F027 |
All |
Nov. 8, 1988. |
|
F028 |
All |
Nov. 8, 1988. |
|
F032 |
Mixed with radioactive wastes |
May 12, 1999 |
|
F032 |
All others |
Aug. 12, 1997. |
|
F034 |
Mixed with radioactive wastes |
May 12, 1999 |
|
F034 |
All others |
Aug. 12, 1997. |
|
F035 |
Mixed with radioactive wastes |
May 12, 1999. |
|
F035 |
All others |
Aug. 12, 1997. |
|
F037 |
Not generated from surface impoundment cleanouts or closures |
June 30, 1993. |
|
F037 |
Generated from surface impoundment cleanouts or closures |
June 30, 1994. |
|
F037 |
Mixed with radioactive wastes |
June 30, 1994. |
|
F038 |
Not generated from surface impoundment cleanouts or closures |
June 30, 1993. |
|
F038 |
Generated from surface impoundment cleanouts or closures |
June 30, 1994. |
|
F038 |
Mixed with radioactive wastes |
June 30, 1994. |
|
F039 |
Wastewater |
Aug. 8, 1990. |
|
F039 |
Nonwastewater |
May 8, 1992. |
|
K001 (organics)b |
All |
Aug. 8, 1988. |
|
K001 |
All others |
Aug. 8, 1988. |
|
K002 |
All |
Aug. 8, 1990. |
|
K003 |
All |
Aug. 8, 1990. |
|
K004 |
Wastewater |
Aug. 8, 1990. |
|
K004 |
Nonwastewater |
Aug. 8, 1988. |
|
K005 |
Wastewater |
Aug. 8, 1990. |
|
K005 |
Nonwastewater |
June 8, 1989. |
|
K006 |
All |
Aug. 8, 1990. |
|
K007 |
Wastewater |
Aug. 8, 1990. |
|
K007 |
Nonwastewater |
June 8, 1989. |
|
K008 |
Wastewater |
Aug. 8, 1990. |
|
K008 |
Nonwastewater |
Aug. 8, 1988. |
|
K009 |
All |
June 8, 1989. |
|
K010 |
All |
June 8, 1989. |
|
K011 |
Wastewater |
Aug. 8, 1990. |
|
K011 |
Nonwastewater |
June 8, 1989. |
|
K013 |
Wastewater |
Aug. 8, 1990. |
|
K013 |
Nonwastewater |
June 8, 1989. |
|
K014 |
Wastewater |
Aug. 8, 1990. |
|
K014 |
Nonwastewater |
June 8, 1989. |
|
K015 |
Wastewater |
Aug. 8, 1988. |
|
K015 |
Nonwastewater |
Aug. 8, 1990. |
|
K016 |
All |
Aug. 8, 1988. |
|
K017 |
All |
Aug. 8, 1990. |
|
K018 |
All |
Aug. 8, 1988. |
|
K019 |
All |
Aug. 8, 1988. |
|
K020 |
All |
Aug. 8, 1988. |
|
K021 |
Wastewater |
Aug. 8, 1990. |
|
K021 |
Nonwastewater |
Aug. 8, 1988. |
|
K022 |
Wastewater |
Aug. 8, 1990. |
|
K022 |
Nonwastewater |
Aug. 8, 1988. |
|
K023 |
All |
June 8, 1989. |
|
K024 |
All |
Aug. 8, 1988. |
|
K025 |
Wastewater |
Aug. 8, 1990. |
|
K025 |
Nonwastewater |
Aug. 8, 1988. |
|
K026 |
All |
Aug. 8, 1990. |
|
K027 |
All |
June 8, 1989. |
|
K028 (metals) |
Nonwastewater |
Aug. 8, 1990. |
|
K028 |
All others |
June 8, 1989. |
|
K029 |
Wastewater |
Aug. 8, 1990. |
|
K029 |
Nonwastewater |
June 8, 1989. |
|
K030 |
All |
Aug. 8, 1988. |
|
K031 |
Wastewater |
Aug. 8, 1990. |
|
K031 |
Nonwastewater |
May 8, 1992. |
|
K032 |
All |
Aug. 8, 1990. |
|
K033 |
All |
Aug. 8, 1990. |
|
K034 |
All |
Aug. 8, 1990. |
|
K035 |
All |
Aug. 8, 1990. |
|
K036 |
Wastewater |
June 8, 1989. |
|
K036 |
Nonwastewater |
Aug. 8, 1988. |
|
K037b |
Wastewater |
Aug. 8, 1988. |
|
K037 |
Nonwastewater |
Aug. 8, 1988. |
|
K038 |
All |
June 8, 1989. |
|
K039 |
All |
June 8, 1989. |
|
K040 |
All |
June 8, 1989. |
|
K041 |
All |
Aug. 8, 1990. |
|
K042 |
All |
Aug. 8, 1990. |
|
K043 |
All |
June 8, 1989. |
|
K044 |
All |
Aug. 8, 1988. |
|
K045 |
All |
Aug. 8, 1988. |
|
K046 (Nonreactive) |
Nonwastewater |
Aug. 8, 1988. |
|
K046 |
All others |
Aug. 8, 1990. |
|
K047 |
All |
Aug. 8, 1988. |
|
K048 |
Wastewater |
Aug. 8, 1990. |
|
K048 |
Nonwastewater |
Nov. 8, 1990. |
|
K049 |
Wastewater |
Aug. 8, 1990. |
|
K049 |
Nonwastewater |
Nov. 8, 1990. |
|
K050 |
Wastewater |
Aug. 8, 1990. |
|
K050 |
Nonwastewater |
Nov. 8, 1990. |
|
K051 |
Wastewater |
Aug. 8, 1990. |
|
K051 |
Nonwastewater |
Nov. 8, 1990. |
|
K052 |
Wastewater |
Aug. 8, 1990. |
|
K052 |
Nonwastewater |
Nov. 8, 1990. |
|
K060 |
Wastewater |
Aug. 8, 1990. |
|
K060 |
Nonwastewater |
Aug. 8, 1988. |
|
K061 |
Wastewater |
Aug. 8, 1990. |
|
K061 |
Nonwastewater |
June 30, 1992. |
|
K062 |
All |
Aug. 8, 1988. |
|
K069 (Non-Calcium Sulfate) |
Nonwastewater |
Aug. 8, 1988. |
|
K069 |
All others |
Aug. 8, 1990. |
|
K071 |
All |
Aug. 8, 1990. |
|
K073 |
All |
Aug. 8, 1990. |
|
K083 |
All |
Aug. 8, 1990. |
|
K084 |
Wastewater |
Aug. 8, 1990. |
|
K084 |
Nonwastewater |
May 8, 1992. |
|
K085 |
All |
Aug. 8, 1990. |
|
K086 (organics)b |
All |
Aug. 8, 1988. |
|
K086 |
All others |
Aug. 8, 1988. |
|
K087 |
All |
Aug. 8, 1988. |
|
K088 |
All others |
Oct. 8, 1997. |
|
K088 |
All others |
Jan. 8, 1997. |
|
K093 |
All |
June 8, 1989. |
|
K094 |
All |
June 8, 1989. |
|
K095 |
Wastewater |
Aug. 8, 1990. |
|
K095 |
Nonwastewater |
June 8, 1989. |
|
K096 |
Wastewater |
Aug. 8, 1990. |
|
K096 |
Nonwastewater |
June 8, 1989. |
|
K097 |
All |
Aug. 8, 1990. |
|
K098 |
All |
Aug. 8, 1990. |
|
K099 |
All |
Aug. 8, 1988. |
|
K100 |
Wastewater |
Aug. 8, 1990. |
|
K100 |
Nonwastewater |
Aug. 8, 1988. |
|
K101 (organics) |
Wastewater |
Aug. 8, 1988. |
|
K101 (metals) |
Wastewater |
Aug. 8, 1990. |
|
K101 (organics) |
Nonwastewater |
Aug. 8, 1988. |
|
K101 (metals) |
Nonwastewater |
May 8, 1992. |
|
K102 (organics) |
Wastewater |
Aug. 8, 1988. |
|
K102 (metals) |
Wastewater |
Aug. 8, 1990. |
|
K102 (organics) |
Nonwastewater |
Aug. 8, 1988. |
|
K102 (metals) |
Nonwastewater |
May 8, 1992. |
|
K103 |
All |
Aug. 8, 1988. |
|
K104 |
All |
Aug. 8, 1988. |
|
K105 |
All |
Aug. 8, 1990. |
|
K106 |
Wastewater |
Aug. 8, 1990. |
|
K106 |
Nonwastewater |
May 8, 1992. |
|
K107 |
Mixed with radioactive wastes |
June 30, 1994. |
|
K107 |
All others |
Nov. 9, 1992. |
|
K108 |
Mixed with radioactive wastes |
June 30, 1994. |
|
K108 |
All others |
Nov. 9, 1992. |
|
K109 |
Mixed with radioactive wastes |
June 30, 1994. |
|
K109 |
All others |
Nov. 9, 1992. |
|
K110 |
Mixed with radioactive wastes |
June 30, 1994. |
|
K110 |
All others |
Nov. 9, 1992. |
|
K111 |
Mixed with radioactive wastes |
June 30, 1994. |
|
K111 |
All others |
Nov. 9, 1992. |
|
K112 |
Mixed with radioactive wastes |
June 30, 1994. |
|
K112 |
All others |
Nov. 9, 1992. |
|
K113 |
All |
June 8, 1989. |
|
K114 |
All |
June 8, 1989. |
|
K115 |
All |
June 8, 1989. |
|
K116 |
All |
June 8, 1989. |
|
K117 |
Mixed with radioactive wastes |
June 30, 1994. |
|
K117 |
All others |
Nov. 9, 1992. |
|
K118 |
Mixed with radioactive wastes |
June 30, 1994. |
|
K118 |
All others |
Nov. 9, 1992. |
|
K123 |
Mixed with radioactive wastes |
June 30, 1994. |
|
K123 |
All others |
Nov. 9, 1992. |
|
K124 |
Mixed with radioactive wastes |
June 30, 1994. |
|
K124 |
All others |
Nov. 9, 1992. |
|
K125 |
Mixed with radioactive wastes |
June 30, 1994. |
|
K125 |
All others |
Nov. 9, 1992. |
|
K126 |
Mixed with radioactive wastes |
June 30, 1994. |
|
K126 |
All others |
Nov. 9, 1992. |
|
K131 |
Mixed with radioactive wastes |
June 30, 1994. |
|
K131 |
All others |
Nov. 9, 1992. |
|
K132 |
Mixed with radioactive wastes |
June 30, 1994. |
|
K132 |
All others |
Nov. 9, 1992. |
|
K136 |
Mixed with radioactive wastes |
June 30, 1994. |
|
K136 |
All others |
Nov. 9, 1992. |
|
K141 |
Mixed with radioactive wastes |
Sep. 19, 1996. |
|
K141 |
All others |
Dec. 19, 1994. |
|
K142 |
Mixed with radioactive wastes |
Sep. 19, 1996. |
|
K142 |
All others |
Dec. 19, 1994. |
|
K143 |
Mixed with radioactive wastes |
Sep. 19, 1996. |
|
K143 |
All others |
Dec. 19, 1994. |
|
K144 |
Mixed with radioactive wastes |
Sep. 19, 1996. |
|
K144 |
All others |
Dec. 19, 1994. |
|
K145 |
Mixed with radioactive wastes |
Sep. 19, 1996. |
|
K145 |
All others |
Dec. 19, 1994. |
|
K147 |
Mixed with radioactive wastes |
Sep. 19, 1996. |
|
K147 |
All others |
Dec. 19, 1994. |
|
K148 |
Mixed with radioactive wastes |
Sep. 19, 1996. |
|
K148 |
All others |
Dec. 19, 1994. |
|
K149 |
Mixed with radioactive wastes |
Sep. 19, 1996. |
|
K149 |
All others |
Dec. 19, 1994. |
|
K150 |
Mixed with radioactive wastes |
Sep. 19, 1996. |
|
K150 |
All others |
Dec. 19, 1994. |
|
K151 |
Mixed with radioactive wastes |
Sep. 19, 1996. |
|
K151 |
All others |
Dec. 19, 1994. |
|
K156 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
K156 |
All others |
July 8, 1996. |
|
K157 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
K157 |
All others |
July 8, 1996. |
|
K158 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
K158 |
All others |
July 8, 1996. |
|
K159 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
K159 |
All others |
July 8, 1996. |
|
K160 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
K160 |
All others |
July 8, 1996. |
|
K161 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
K161 |
All others |
July 8, 1996. |
|
P001 |
All |
Aug. 8, 1990. |
|
P002 |
All |
Aug. 8, 1990. |
|
P003 |
All |
Aug. 8, 1990. |
|
P004 |
All |
Aug. 8, 1990. |
|
P005 |
All |
Aug. 8, 1990. |
|
P006 |
All |
Aug. 8, 1990. |
|
P007 |
All |
Aug. 8, 1990. |
|
P008 |
All |
Aug. 8, 1990. |
|
P009 |
All |
Aug. 8, 1990. |
|
P010 |
Wastewater |
Aug. 8, 1990. |
|
P010 |
Nonwastewater |
May 8, 1992. |
|
P011 |
Wastewater |
Aug. 8, 1990. |
|
P011 |
Nonwastewater |
May 8, 1992. |
|
P012 |
Wastewater |
Aug. 8, 1990. |
|
P012 |
Nonwastewater |
May 8, 1992. |
|
P013 (barium) |
Nonwastewater |
Aug. 8, 1990. |
|
P013 |
All others |
June 8, 1989. |
|
P014 |
All |
Aug. 8, 1990. |
|
P015 |
All |
Aug. 8, 1990. |
|
P016 |
All |
Aug. 8, 1990. |
|
P017 |
All |
Aug. 8, 1990. |
|
P018 |
All |
Aug. 8, 1990. |
|
P020 |
All |
Aug. 8, 1990. |
|
P021 |
All |
June 8, 1989. |
|
P022 |
All |
Aug. 8, 1990. |
|
P023 |
All |
Aug. 8, 1990. |
|
P024 |
All |
Aug. 8, 1990. |
|
P026 |
All |
Aug. 8, 1990. |
|
P027 |
All |
Aug. 8, 1990. |
|
P028 |
All |
Aug. 8, 1990. |
|
P029 |
All |
June 8, 1989. |
|
P030 |
All |
June 8, 1989. |
|
P031 |
All |
Aug. 8, 1990. |
|
P033 |
All |
Aug. 8, 1990. |
|
P034 |
All |
Aug. 8, 1990. |
|
P036 |
Wastewater |
Aug. 8, 1990. |
|
P036 |
Nonwastewater |
May 8, 1992. |
|
P037 |
All |
Aug. 8, 1990. |
|
P038 |
Wastewater |
Aug. 8, 1990. |
|
P038 |
Nonwastewater |
May 8, 1992. |
|
P039 |
All |
June 8, 1989. |
|
P040 |
All |
June 8, 1989. |
|
P041 |
All |
June 8, 1989. |
|
P042 |
All |
Aug. 8, 1990. |
|
P043 |
All |
June 8, 1989. |
|
P044 |
All |
June 8, 1989. |
|
P045 |
All |
Aug. 8, 1990. |
|
P046 |
All |
Aug. 8, 1990. |
|
P047 |
All |
Aug. 8, 1990. |
|
P048 |
All |
Aug. 8, 1990. |
|
P049 |
All |
Aug. 8, 1990. |
|
P050 |
All |
Aug. 8, 1990. |
|
P051 |
All |
Aug. 8, 1990. |
|
P054 |
All |
Aug. 8, 1990. |
|
P056 |
All |
Aug. 8, 1990. |
|
P057 |
All |
Aug. 8, 1990. |
|
P058 |
All |
Aug. 8, 1990. |
|
P059 |
All |
Aug. 8, 1990. |
|
P060 |
All |
Aug. 8, 1990. |
|
P062 |
All |
June 8, 1989. |
|
P063 |
All |
June 8, 1989. |
|
P064 |
All |
Aug. 8, 1990. |
|
P065 |
Wastewater |
Aug. 8, 1990. |
|
P065 |
Nonwastewater |
May 8, 1992. |
|
P066 |
All |
Aug. 8, 1990. |
|
P067 |
All |
Aug. 8, 1990. |
|
P068 |
All |
Aug. 8, 1990. |
|
P069 |
All |
Aug. 8, 1990. |
|
P070 |
All |
Aug. 8, 1990. |
|
P071 |
All |
June 8, 1989. |
|
P072 |
All |
Aug. 8, 1990. |
|
P073 |
All |
Aug. 8, 1990. |
|
P074 |
All |
June 8, 1989. |
|
P075 |
All |
Aug. 8, 1990. |
|
P076 |
All |
Aug. 8, 1990. |
|
P077 |
All |
Aug. 8, 1990. |
|
P078 |
All |
Aug. 8, 1990. |
|
P081 |
All |
Aug. 8, 1990. |
|
P082 |
All |
Aug. 8, 1990. |
|
P084 |
All |
Aug. 8, 1990. |
|
P085 |
All |
June 8, 1989. |
|
P087 |
All |
May 8, 1992. |
|
P088 |
All |
Aug. 8, 1990. |
|
P089 |
All |
June 8, 1989. |
|
P092 |
Wastewater |
Aug. 8, 1990. |
|
P092 |
Nonwastewater |
May 8, 1992. |
|
P093 |
All |
Aug. 8, 1990. |
|
P094 |
All |
June 8, 1989. |
|
P095 |
All |
Aug. 8, 1990. |
|
P096 |
All |
Aug. 8, 1990. |
|
P097 |
All |
June 8, 1989. |
|
P098 |
All |
June 8, 1989. |
|
P099 (silver) |
Wastewater |
Aug. 8, 1990. |
|
P099 |
All others |
June 8, 1989. |
|
P101 |
All |
Aug. 8, 1990. |
|
P102 |
All |
Aug. 8, 1990. |
|
P103 |
All |
Aug. 8, 1990. |
|
P104 (silver) |
Wastewater |
Aug. 8, 1990. |
|
P104 |
All others |
June 8, 1989. |
|
P105 |
All |
Aug. 8, 1990. |
|
P106 |
All |
June 8, 1989. |
|
P108 |
All |
Aug. 8, 1990. |
|
P109 |
All |
June 8, 1989. |
|
P110 |
All |
Aug. 8, 1990. |
|
P111 |
All |
June 8, 1989. |
|
P112 |
All |
Aug. 8, 1990. |
|
P113 |
All |
Aug. 8, 1990. |
|
P114 |
All |
Aug. 8, 1990. |
|
P115 |
All |
Aug. 8, 1990. |
|
P116 |
All |
Aug. 8, 1990. |
|
P118 |
All |
Aug. 8, 1990. |
|
P119 |
All |
Aug. 8, 1990. |
|
P120 |
All |
Aug. 8, 1990. |
|
P121 |
All |
June 8, 1989. |
|
P122 |
All |
Aug. 8, 1990. |
|
P123 |
All |
Aug. 8, 1990. |
|
P127 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
P127 |
All others |
July 8, 1996. |
|
P128 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
P128 |
All others |
July 8, 1996. |
|
P185 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
P185 |
All others |
July 8, 1996. |
|
P188 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
P188 |
All others |
July 8, 1996. |
|
P189 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
P189 |
All others |
July 8, 1996. |
|
P190 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
P190 |
All others |
July 8, 1996. |
|
P191 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
P191 |
All others |
July 8, 1996. |
|
P192 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
P192 |
All others |
July 8, 1996. |
|
P194 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
P194 |
All others |
July 8, 1996. |
|
P196 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
P196 |
All others |
July 8, 1996. |
|
P197 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
P197 |
All others |
July 8, 1996. |
|
P198 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
P198 |
All others |
July 8, 1996. |
|
P199 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
P199 |
All others |
July 8, 1996. |
|
P201 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
P201 |
All others |
July 8, 1996. |
|
P202 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
P202 |
All others |
July 8, 1996. |
|
P203 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
P203 |
All others |
July 8, 1996. |
|
P204 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
P204 |
All others |
July 8, 1996. |
|
P205 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
P205 |
All others |
July 8, 1996. |
|
U001 |
All |
Aug. 8, 1990. |
|
U002 |
All |
Aug. 8, 1990. |
|
U003 |
All |
Aug. 8, 1990. |
|
U004 |
All |
Aug. 8, 1990. |
|
U005 |
All |
Aug. 8, 1990. |
|
U006 |
All |
Aug. 8, 1990. |
|
U007 |
All |
Aug. 8, 1990. |
|
U008 |
All |
Aug. 8, 1990. |
|
U009 |
All |
Aug. 8, 1990. |
|
U010 |
All |
Aug. 8, 1990. |
|
U011 |
All |
Aug. 8, 1990. |
|
U012 |
All |
Aug. 8, 1990. |
|
U014 |
All |
Aug. 8, 1990. |
|
U015 |
All |
Aug. 8, 1990. |
|
U016 |
All |
Aug. 8, 1990. |
|
U017 |
All |
Aug. 8, 1990. |
|
U018 |
All |
Aug. 8, 1990. |
|
U019 |
All |
Aug. 8, 1990. |
|
U020 |
All |
Aug. 8, 1990. |
|
U021 |
All |
Aug. 8, 1990. |
|
U022 |
All |
Aug. 8, 1990. |
|
U023 |
All |
Aug. 8, 1990. |
|
U024 |
All |
Aug. 8, 1990. |
|
U025 |
All |
Aug. 8, 1990. |
|
U026 |
All |
Aug. 8, 1990. |
|
U027 |
All |
Aug. 8, 1990. |
|
U028 |
All |
June 8, 1989. |
|
U029 |
All |
Aug. 8, 1990. |
|
U030 |
All |
Aug. 8, 1990. |
|
U031 |
All |
Aug. 8, 1990. |
|
U032 |
All |
Aug. 8, 1990. |
|
U033 |
All |
Aug. 8, 1990. |
|
U034 |
All |
Aug. 8, 1990. |
|
U035 |
All |
Aug. 8, 1990. |
|
U036 |
All |
Aug. 8, 1990. |
|
U037 |
All |
Aug. 8, 1990. |
|
U038 |
All |
Aug. 8, 1990. |
|
U039 |
All |
Aug. 8, 1990. |
|
U041 |
All |
Aug. 8, 1990. |
|
U042 |
All |
Aug. 8, 1990. |
|
U043 |
All |
Aug. 8, 1990. |
|
U044 |
All |
Aug. 8, 1990. |
|
U045 |
All |
Aug. 8, 1990. |
|
U046 |
All |
Aug. 8, 1990. |
|
U047 |
All |
Aug. 8, 1990. |
|
U048 |
All |
Aug. 8, 1990. |
|
U049 |
All |
Aug. 8, 1990. |
|
U050 |
All |
Aug. 8, 1990. |
|
U051 |
All |
Aug. 8, 1990. |
|
U052 |
All |
Aug. 8, 1990. |
|
U053 |
All |
Aug. 8, 1990. |
|
U055 |
All |
Aug. 8, 1990. |
|
U056 |
All |
Aug. 8, 1990. |
|
U057 |
All |
Aug. 8, 1990. |
|
U058 |
All |
June 8, 1989. |
|
U059 |
All |
Aug. 8, 1990. |
|
U060 |
All |
Aug. 8, 1990. |
|
U061 |
All |
Aug. 8, 1990. |
|
U062 |
All |
Aug. 8, 1990. |
|
U063 |
All |
Aug. 8, 1990. |
|
U064 |
All |
Aug. 8, 1990. |
|
U066 |
All |
Aug. 8, 1990. |
|
U067 |
All |
Aug. 8, 1990. |
|
U068 |
All |
Aug. 8, 1990. |
|
U069 |
All |
June 30, 1992. |
|
U070 |
All |
Aug. 8, 1990. |
|
U071 |
All |
Aug. 8, 1990. |
|
U072 |
All |
Aug. 8, 1990. |
|
U073 |
All |
Aug. 8, 1990. |
|
U074 |
All |
Aug. 8, 1990. |
|
U075 |
All |
Aug. 8, 1990. |
|
U076 |
All |
Aug. 8, 1990. |
|
U077 |
All |
Aug. 8, 1990. |
|
U078 |
All |
Aug. 8, 1990. |
|
U079 |
All |
Aug. 8, 1990. |
|
U080 |
All |
Aug. 8, 1990. |
|
U081 |
All |
Aug. 8, 1990. |
|
U082 |
All |
Aug. 8, 1990. |
|
U083 |
All |
Aug. 8, 1990. |
|
U084 |
All |
Aug. 8, 1990. |
|
U085 |
All |
Aug. 8, 1990. |
|
U086 |
All |
Aug. 8, 1990. |
|
U087 |
All |
June 8, 1989. |
|
U088 |
All |
June 8, 1989. |
|
U089 |
All |
Aug. 8, 1990. |
|
U090 |
All |
Aug. 8, 1990. |
|
U091 |
All |
Aug. 8, 1990. |
|
U092 |
All |
Aug. 8, 1990. |
|
U093 |
All |
Aug. 8, 1990. |
|
U094 |
All |
Aug. 8, 1990. |
|
U095 |
All |
Aug. 8, 1990. |
|
U096 |
All |
Aug. 8, 1990. |
|
U097 |
All |
Aug. 8, 1990. |
|
U098 |
All |
Aug. 8, 1990. |
|
U099 |
All |
Aug. 8, 1990. |
|
UlOl |
All |
Aug. 8, 1990. |
|
U102 |
All |
June 8, 1989. |
|
U103 |
All |
Aug. 8, 1990. |
|
U105 |
All |
Aug. 8, 1990. |
|
U106 |
All |
Aug. 8, 1990. |
|
U107 |
All |
June 8, 1989. |
|
U108 |
All |
Aug. 8, 1990. |
|
U109 |
All |
Aug. 8, 1990. |
|
U110 |
All |
Aug. 8, 1990. |
|
U111 |
All |
Aug. 8, 1990. |
|
U112 |
All |
Aug. 8, 1990. |
|
U113 |
All |
Aug. 8, 1990. |
|
U114 |
All |
Aug. 8, 1990. |
|
U115 |
All |
Aug. 8, 1990. |
|
U116 |
All |
Aug. 8, 1990. |
|
U117 |
All |
Aug. 8, 1990. |
|
U118 |
All |
Aug. 8, 1990. |
|
U119 |
All |
Aug. 8, 1990. |
|
U120 |
All |
Aug. 8, 1990. |
|
U121 |
All |
Aug. 8, 1990. |
|
U122 |
All |
Aug. 8, 1990. |
|
U123 |
All |
Aug. 8, 1990. |
|
U124 |
All |
Aug. 8, 1990. |
|
U125 |
All |
Aug. 8, 1990. |
|
U126 |
All |
Aug. 8, 1990. |
|
U127 |
All |
Aug. 8, 1990. |
|
U128 |
All |
Aug. 8, 1990. |
|
U129 |
All |
Aug. 8, 1990. |
|
U130 |
All |
Aug. 8, 1990. |
|
U131 |
All |
Aug. 8, 1990. |
|
U132 |
All |
Aug. 8, 1990. |
|
U133 |
All |
Aug. 8, 1990. |
|
U134 |
All |
Aug. 8, 1990. |
|
U135 |
All |
Aug. 8, 1990. |
|
U136 |
Wastewater |
Aug. 8, 1990. |
|
U136 |
Nonwastewater |
May 8, 1992. |
|
U137 |
All |
Aug. 8, 1990. |
|
U138 |
All |
Aug. 8, 1990. |
|
U140 |
All |
Aug. 8, 1990. |
|
U141 |
All |
Aug. 8, 1990. |
|
U142 |
All |
Aug. 8, 1990. |
|
U143 |
All |
Aug. 8, 1990. |
|
U144 |
All |
Aug. 8, 1990. |
|
U145 |
All |
Aug. 8, 1990. |
|
U146 |
All |
Aug. 8, 1990. |
|
U147 |
All |
Aug. 8, 1990. |
|
U148 |
All |
Aug. 8, 1990. |
|
U149 |
All |
Aug. 8, 1990. |
|
U150 |
All |
Aug. 8, 1990. |
|
U151 |
Wastewater |
Aug. 8, 1990. |
|
U151 |
Nonwastewater |
May 8, 1992. |
|
U152 |
All |
Aug. 8, 1990. |
|
U153 |
All |
Aug. 8, 1990. |
|
U154 |
All |
Aug. 8, 1990. |
|
U155 |
All |
Aug. 8, 1990. |
|
U156 |
All |
Aug. 8, 1990. |
|
U157 |
All |
Aug. 8, 1990. |
|
U158 |
All |
Aug. 8, 1990. |
|
U159 |
All |
Aug. 8, 1990. |
|
U160 |
All |
Aug. 8, 1990. |
|
U161 |
All |
Aug. 8, 1990. |
|
U162 |
All |
Aug. 8, 1990. |
|
U163 |
All |
Aug. 8, 1990. |
|
U164 |
All |
Aug. 8, 1990. |
|
U165 |
All |
Aug. 8, 1990. |
|
U166 |
All |
Aug. 8, 1990. |
|
U167 |
All |
Aug. 8, 1990. |
|
U168 |
All |
Aug. 8, 1990. |
|
U169 |
All |
Aug. 8, 1990. |
|
U170 |
All |
Aug. 8, 1990. |
|
U171 |
All |
Aug. 8, 1990. |
|
U172 |
All |
Aug. 8, 1990. |
|
U173 |
All |
Aug. 8, 1990. |
|
U174 |
All |
Aug. 8, 1990. |
|
U176 |
All |
Aug. 8, 1990. |
|
U177 |
All |
Aug. 8, 1990. |
|
U178 |
All |
Aug. 8, 1990. |
|
U179 |
All |
Aug. 8, 1990. |
|
U180 |
All |
Aug. 8, 1990. |
|
U181 |
All |
Aug. 8, 1990. |
|
U182 |
All |
Aug. 8, 1990. |
|
U183 |
All |
Aug. 8, 1990. |
|
U184 |
All |
Aug. 8, 1990. |
|
U185 |
All |
Aug. 8, 1990. |
|
U186 |
All |
Aug. 8, 1990. |
|
U187 |
All |
Aug. 8, 1990. |
|
U188 |
All |
Aug. 8, 1990. |
|
U189 |
All |
Aug. 8, 1990. |
|
U190 |
All |
June 8, 1989. |
|
U191 |
All |
Aug. 8, 1990. |
|
U192 |
All |
Aug. 8, 1990. |
|
U193 |
All |
Aug. 8, 1990. |
|
U194 |
All |
June 8, 1989. |
|
U196 |
All |
Aug. 8, 1990. |
|
U197 |
All |
Aug. 8, 1990. |
|
U200 |
All |
Aug. 8, 1990. |
|
U201 |
All |
Aug. 8, 1990. |
|
U203 |
All |
Aug. 8, 1990. |
|
U204 |
All |
Aug. 8, 1990. |
|
U205 |
All |
Aug. 8, 1990. |
|
U206 |
All |
Aug. 8, 1990. |
|
U207 |
All |
Aug. 8, 1990. |
|
U208 |
All |
Aug. 8, 1990. |
|
U209 |
All |
Aug. 8, 1990. |
|
U210 |
All |
Aug. 8, 1990. |
|
U211 |
All |
Aug. 8, 1990. |
|
U213 |
All |
Aug. 8, 1990. |
|
U214 |
All |
Aug. 8, 1990. |
|
U215 |
All |
Aug. 8, 1990. |
|
U216 |
All |
Aug. 8, 1990. |
|
U217 |
All |
Aug. 8, 1990. |
|
U218 |
All |
Aug. 8, 1990. |
|
U219 |
All |
Aug. 8, 1990. |
|
U220 |
All |
Aug. 8, 1990. |
|
U221 |
All |
June 8, 1989. |
|
U222 |
All |
Aug. 8, 1990. |
|
U223 |
All |
June 8, 1989. |
|
U225 |
All |
Aug. 8, 1990. |
|
U226 |
All |
Aug. 8, 1990. |
|
U227 |
All |
Aug. 8, 1990. |
|
U228 |
All |
Aug. 8, 1990. |
|
U234 |
All |
Aug. 8, 1990. |
|
U235 |
All |
June 8, 1989. |
|
U236 |
All |
Aug. 8, 1990. |
|
U237 |
All |
Aug. 8, 1990. |
|
U238 |
All |
Aug. 8, 1990. |
|
U239 |
All |
Aug. 8, 1990. |
|
U240 |
All |
Aug. 8, 1990. |
|
U243 |
All |
Aug. 8, 1990. |
|
U244 |
All |
Aug. 8, 1990. |
|
U246 |
All |
Aug. 8, 1990. |
|
U247 |
All |
Aug. 8, 1990. |
|
U248 |
All |
Aug. 8, 1990. |
|
U249 |
All |
Aug. 8, 1990. |
|
U271 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U271 |
All others |
July 8, 1996. |
|
U277 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U277 |
All others |
July 8, 1996. |
|
U278 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U278 |
All others |
July 8, 1996. |
|
U279 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U279 |
All others |
July 8, 1996. |
|
U280 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U280 |
All others |
July 8, 1996. |
|
U328 |
Mixed with radioactive wastes |
June 30, 1994. |
|
U328 |
All others |
Nov. 9, 1992. |
|
U353 |
Mixed with radioactive wastes |
June 30, 1994. |
|
U353 |
All others |
Nov. 9, 1992. |
|
U359 |
Mixed with radioactive wastes |
June 30, 1994. |
|
U359 |
All others |
Nov. 9, 1992. |
|
U364 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U364 |
All others |
July 8, 1996. |
|
U365 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U365 |
All others |
July 8, 1996. |
|
U366 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U366 |
All others |
July 8, 1996. |
|
U367 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U367 |
All others |
July 8, 1996. |
|
U372 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U372 |
All others |
July 8, 1996. |
|
U373 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U373 |
All others |
July 8, 1996. |
|
U375 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U375 |
All others |
July 8, 1996. |
|
U376 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U376 |
All others |
July 8, 1996. |
|
U377 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U377 |
All others |
July 8, 1996. |
|
U378 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U378 |
All others |
July 8, 1996. |
|
U379 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U379 |
All others |
July 8, 1996. |
|
U381 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U381 |
All others |
July 8, 1996. |
|
U382 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U382 |
All others |
July 8, 1996. |
|
U383 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U383 |
All others |
July 8, 1996. |
|
U384 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U384 |
All others |
July 8, 1996. |
|
U385 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U385 |
All others |
July 8, 1996. |
|
U386 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U386 |
All others |
July 8, 1996. |
|
U387 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U387 |
All others |
July 8, 1996. |
|
U389 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U389 |
All others |
July 8, 1996. |
|
U390 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U390 |
All others |
July 8, 1996. |
|
U391 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U391 |
All others |
July 8, 1996. |
|
U392 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U392 |
All others |
July 8, 1996. |
|
U393 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U393 |
All others |
July 8, 1996. |
|
U394 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U394 |
All others |
July 8, 1996. |
|
U395 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U395 |
All others |
July 8, 1996. |
|
U396 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U396 |
All others |
July 8, 1996. |
|
U400 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U400 |
All others |
July 8, 1996. |
|
U401 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U401 |
All others |
July 8, 1996. |
|
U402 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U402 |
All others |
July 8, 1996. |
|
U403 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U403 |
All others |
July 8, 1996. |
|
U404 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U404 |
All others |
July 8, 1996. |
|
U407 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U407 |
All others |
July 8, 1996. |
|
U409 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U409 |
All others |
July 8, 1996. |
|
U410 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U410 |
All others |
July 8, 1996. |
|
U411 |
Mixed with radioactive wastes |
Apr. 8, 1998. |
|
U411 |
All others |
July 8, 1996. |
aThis table does not include mixed radioactive wastes (from the First, Second, and Third Third rules) which received national capacity variance until May 8, 1992 This table also does not include contaminated soil and debris wastes
bThe standard was revised in the Third Third Final Rule (55 FR 22520, June 1, 1990)
cThe standard was revised in the Third Third Emergency Rule (58 FR 29860, May 24, 1993); the original effective date was August 8, 1990
d The standard was revised in the Phase II Final Rule (59 FR 47982, Sept 19, 1994); the original effective date was August 8, 1990
eThe standards for selected reactive wastes was revised in the Phase III Final Rule (61 FR 15566, Apr 8, 1996); the original effective date was August 8, 1990
Table 2
Summary of Effective Dates of Land Disposal Restrictions for Contaminated Soil and
Debris (CSD)
|
Restricted hazardous waste in CSD |
Effective date |
|
1. Solvent-(F001-F005) and dioxin-(F020-F023 and F026-F028) containing soil and debris from CERCLA response or RCRA corrective actions |
Nov. 8, 1990. |
|
2. Soil and debris not from CERCLA response or RCRA corrective actions contaminated with less than 1% total solvents (F001-F005) or dioxins (F020-F023 and F026-F028) |
Nov. 8, 1988. |
|
3 All soil and debris contaminated with First Third wastes for which treatment standards are based on incineration |
Aug. 8, 1990. |
|
4. All soil and debris contaminated with Second Third wastes for which treatment standards are based on incineration |
June 8, 1991. |
|
5. All soil and debris contaminated with Third Third wastes or, First or Second Third "soft hammer" wastes which had treatment standards promulgated in the Third Third rule, for which treatment standards are based on incineration, vitrification, or mercury retorting, acid leaching followed by chemical precipitation, or thermal recovery of metals; as well as all inorganic solids debris contaminated with D004-D011 wastes, and all soil and debris contaminated with mixed RCRA/radioactive wastes |
May 8, 1992. |
|
6. Soil and debris contaminated with D012-D043, K141-K145, and K147-151 wastes |
Dec. 19, 1994. |
|
7. Debris (only) contaminated with F037, F038, K107-K112, K117, K118, K123-K126, K131, K132, K136, U328, U353, U359 |
Dec. 19,1994 |
|
8. Soil and debris contaminated with K156-K161, P127, P128, P188-P192, P194, P196-P199, P201-P205, U271, U277-U280, U364-U367, U372, U373, U375-U379, U381-U387, U389-U396, U400-U404, U407, and U409-U411 wastes |
July 8, 1996. |
|
9. Soil and debris contaminated with K088 wastes |
Oct. 8, 1997. |
|
10. Soil and debris contaminated with radioactive wastes mixed with K088, K156-K161, P127, P128, P188-P192, P194, P196-P199, P201-P205, U271, U277-U280, U364-U367, U372, U373, U375-U379, U381-U387, U389-U396, U400-U404, U407, and U409-U411 wastes |
April 8, 1998. |
|
11. Soil and debris contaminated with F032, F034, and F035 |
May 12, 1997. |
|
12. Soil and debris contaminated with newly identified D004-D011 toxicity characteristic wastes and mineral processing wastes. |
Aug. 24, 1998. |
|
13. Soil and debris contaminated with mixed radioactive newly identified D004-D011 characteristic wastes and mineral processing wastes. |
May 26, 2000. |
Note: Appendix VII is provided for the convenience of the reader
Appendix VIII to Section 268 - LDR Effective Dates of Injected Prohibited Hazardous Wastes
National Capacity LDR Variances for UIC Wastesa
|
Waste code |
Waste category |
Effective date |
|
F001-F005 |
All spent F001-F005 solvent containing less than 1 percent total F001-F005 solvent constituents |
Aug. 8, 1990. |
|
D001 (except High TOC Ignitable Liquids Subcategory)c |
All |
Feb. 10, 1994. |
|
D001 (High TOC Ignitable Characteristic Liquids Subcategory) |
Nonwastewater |
Sept. 19, 1995. |
|
D002b |
All |
May 8, 1992. |
|
D002c |
All |
Feb. 10, 1994. |
|
D003 (cyanides) |
All |
May 8, 1992. |
|
D003 (sulfides) |
All |
May 8, 1992. |
|
D003 (explosives, reactives) |
All |
May 8, 1992. |
|
D007 |
All |
May 8, 1992. |
|
D009 |
Nonwastewater |
May 8, 1992. |
|
D012 |
All |
Sept. 19, 1995. |
|
D013 |
All |
Sept. 19, 1995. |
|
D014 |
All |
Sept. 19, 1995. |
|
D015 |
All |
Sept. 19, 1995. |
|
D016 |
All |
Sept. 19, 1995. |
|
D017 |
All |
Sept. 19, 1995. |
|
D018 |
All, including mixed with radioactive wastes |
Apr. 8, 1998. |
|
D019 |
All, including mixed with radioactive wastes |
Apr. 8, 1998. |
|
D020 |
All, including mixed with radioactive wastes |
Apr. 8, 1998. |
|
D021 |
All, including mixed with radioactive wastes |
Apr. 8, 1998. |
|
D022 |
All, including mixed with radioactive wastes |
Apr. 8, 1998. |
|
D023 |
All, including mixed radioactive wastes |
Apr. 8, 1998. |
|
D024 |
All, including mixed radioactive wastes |
Apr. 8, 1998. |
|
D025 |
All, including mixed radioactive wastes |
Apr. 8, 1998. |
|
D026 |
All, including mixed radioactive wastes |
Apr. 8, 1998. |
|
D027 |
All, including mixed radioactive wastes |
Apr. 8, 1998. |
|
D028 |
All, including mixed radioactive wastes |
Apr. 8, 1998. |
|
D029 |
All, including mixed radioactive wastes |
Apr. 8, 1998. |
|
D030 |
All, including mixed radioactive wastes |
Apr. 8, 1998. |
|
D031 |
All, including mixed radioactive wastes |
Apr. 8, 1998. |
|
D032 |
All, including mixed radioactive wastes |
Apr. 8, 1998. |
|
D033 |
All, including mixed radioactive wastes |
Apr. 8, 1998. |
|
D034 |
All, including mixed radioactive wastes |
Apr. 8, 1998. |
|
D035 |
All, including mixed radioactive wastes |
Apr. 8, 1998. |
|
D036 |
All, including mixed radioactive wastes |
Apr. 8, 1998. |
|
D037 |
All, including mixed radioactive wastes |
Apr. 8, 1998. |
|
D038 |
All, including mixed radioactive wastes |
Apr. 8, 1998. |
|
D039 |
All, including mixed radioactive wastes |
Apr. 8, 1998. |
|
D040 |
All, including mixed radioactive wastes |
Apr. 8, 1998. |
|
D041 |
All, including mixed radioactive wastes |
Apr. 8, 1998. |
|
D042 |
All, including mixed radioactive wastes |
Apr. 8, 1998. |
|
D043 |
All, including mixed radioactive wastes |
Apr. 8, 1998. |
|
F007 |
All |
June 8, 1991. |
|
F032 |
All, including mixed radioactive wastes |
May 12, 1999. |
|
F034 |
All, including mixed radioactive wastes |
May 12, 1999. |
|
F035 |
All, including mixed radioactive wastes |
May 12, 1999. |
|
F037 |
All |
Nov. 8, 1992. |
|
F038 |
All |
Nov. 8, 1992. |
|
F039 |
Wastewater |
May 8, 1992. |
|
K009 |
Wastewater |
June 8, 1991. |
|
K011 |
Nonwastewater |
June 8, 1991. |
|
K011 |
Wastewater |
May 8, 1992. |
|
K013 |
Nonwastewater |
June 8, 1991. |
|
K013 |
Wastewater |
May 8, 1992. |
|
K014 |
All |
May 8, 1992. |
|
K016 (dilute) |
All |
June 8, 1991. |
|
K049 |
All |
Aug. 8, 1990. |
|
K050 |
All |
Aug. 8, 1990. |
|
K051 |
All |
Aug. 8, 1990. |
|
K052 |
All |
Aug. 8, 1990. |
|
K062 |
All |
Aug. 8, 1990. |
|
K071 |
All |
Aug. 8, 1990. |
|
K088 |
All |
Jan. 8, 1997. |
|
K104 |
All |
Aug. 8, 1990. |
|
K107 |
All |
Nov. 8, 1992. |
|
K108 |
All |
Nov. 9, 1992. |
|
K109 |
All |
Nov. 9, 1992. |
|
K110 |
All |
Nov. 9, 1992. |
|
K111 |
All |
Nov. 9, 1992. |
|
K112 |
All |
Nov. 9, 1992. |
|
K117 |
All |
June 30, 1995. |
|
K118 |
All |
June 30, 1995. |
|
K123 |
All |
Nov. 9, 1992. |
|
K124 |
All |
Nov. 9, 1992. |
|
K125 |
All |
Nov. 9, 1992. |
|
K126 |
All |
Nov. 9, 1992. |
|
K131 |
All |
June 30, 1995. |
|
K132 |
All |
June 30, 1995. |
|
K136 |
All |
Nov. 9, 1992. |
|
K141 |
All |
Dec. 19, 1994. |
|
K142 |
All |
Dec. 19, 1994. |
|
K143 |
All |
Dec. 19, 1994. |
|
K144 |
All |
Dec. 19, 1994. |
|
K145 |
All |
Dec. 19, 1994. |
|
K147 |
All |
Dec. 19, 1994. |
|
K148 |
All |
Dec. 19, 1994. |
|
K149 |
All |
Dec. 19, 1994. |
|
K150 |
All |
Dec. 19, 1994. |
|
K151 |
All |
Dec. 19, 1994. |
|
K156 |
All |
July 8, 1996. |
|
K157 |
All |
July 8, 1996. |
|
K158 |
All |
July 8, 1996. |
|
K159 |
All |
July 8, 1996. |
|
K160 |
All |
July 8, 1996. |
|
K161 |
All |
July 8, 1996. |
|
NA |
Newly identified mineral processing wastes from titanium dioxide production and mixed radioactive/newly identified D004-D011 characteristic wastes and mineral processing wastes. |
May 26, 2000. |
|
P127 |
All |
July 8, 1996. |
|
P128 |
All |
July 8, 1996. |
|
P185 |
All |
July 8, 1996. |
|
P188 |
All |
July 8, 1996. |
|
P189 |
All |
July 8, 1996. |
|
P190 |
All |
July 8, 1996. |
|
P191 |
All |
July 8, 1996. |
|
P192 |
All |
July 8, 1996. |
|
P194 |
All |
July 8, 1996. |
|
P196 |
All |
July 8, 1996. |
|
P197 |
All |
July 8, 1996. |
|
P198 |
All |
July 8, 1996. |
|
P199 |
All |
July 8, 1996. |
|
P201 |
All |
July 8, 1996. |
|
P202 |
All |
July 8, 1996. |
|
P203 |
All |
July 8, 1996. |
|
P204 |
All |
July 8, 1996. |
|
P205 |
All |
July 8, 1996. |
|
U271 |
All |
July 8, 1996. |
|
U277 |
All |
July 8, 1996. |
|
U278 |
All |
July 8, 1996. |
|
U279 |
All |
July 8, 1996. |
|
U280 |
All |
July 8, 1996. |
|
U328 |
All |
Nov. 9, 1992. |
|
U353 |
All |
Nov. 9, 1992. |
|
U359 |
All |
Nov. 9, 1992. |
|
U364 |
All |
July 8, 1996. |
|
U365 |
All |
July 8, 1996. |
|
U366 |
All |
July 8, 1996. |
|
U367 |
All |
July 8, 1996. |
|
U372 |
All |
July 8, 1996. |
|
U373 |
All |
July 8, 1996. |
|
U375 |
All |
July 8, 1996. |
|
U376 |
All |
July 8, 1996. |
|
U377 |
All |
July 8, 1996. |
|
U378 |
All |
July 8, 1996. |
|
U379 |
All |
July 8, 1996. |
|
U381 |
All |
July 8, 1996. |
|
U382 |
All |
July 8, 1996. |
|
U383 |
All |
July 8, 1996. |
|
U384 |
All |
July 8, 1996. |
|
U385 |
All |
July 8, 1996. |
|
U386 |
All |
July 8, 1996. |
|
U387 |
All |
July 8, 1996. |
|
U389 |
All |
July 8, 1996. |
|
U390 |
All |
July 8, 1996. |
|
U391 |
All |
July 8, 1996. |
|
U392 |
All |
July 8, 1996. |
|
U395 |
All |
July 8, 1996. |
|
U396 |
All |
July 8, 1996. |
|
U400 |
All |
July 8, 1996. |
|
U401 |
All |
July 8, 1996. |
|
U402 |
All |
July 8, 1996. |
|
U403 |
All |
July 8, 1996. |
|
U404 |
All |
July 8, 1996. |
|
U407 |
All |
July 8, 1996. |
|
U409 |
All |
July 8, 1996. |
|
U410 |
All |
July 8, 1996. |
|
U411 |
All |
July 8, 1996. |
a Wastes that are deep well disposed on-site receive a six-month variance, with restrictions effective in November 1990.
b Deepwell injected D002 liquids with a pH less than 2 must meet the California List treatment standards on August 8, 1990
c Managed in systems defined in 40 CFR 1446(e) and 146(e) as Class V injection wells, that do not engage in CWA-equivalent treatment before injection. Note: This table is provided for the convenience of the reader
Appendix IX to Section 268
See 40 CFR 268, Appendix IX
Appendix XI to Part 268 - Metal Bearing Wastes Prohibited From Dilution in a Combustion Unit According to 40 CFR 268.3(c) 1
|
Waste code |
Waste description |
|
D004 |
Toxicity Characteristic for Arsenic. |
|
D005 |
Toxicity Characteristic for Barium. |
|
D006 |
Toxicity Characteristic for Cadmium. |
|
D007 |
Toxicity Characteristic for Chromium. |
|
D008 |
Toxicity Characteristic for Lead. |
|
D009 |
Toxicity Characteristic for Mercury. |
|
D010 |
Toxicity Characteristic for Selenium. |
|
D011 |
Toxicity Characteristic for Silver. |
|
F006 |
Wastewater treatment sludges from electroplating operations except from the following processes: (1) sulfuric acid anodizing of aluminum; (2) tin plating carbon steel; (3) zinc plating (segregated basis) on carbon steel; (4) aluminum or zinc-plating on carbon steel; (5) cleaning/stripping associated with tin, zinc and aluminum plating on carbon steel; and (6) chemical etching and milling of aluminum. |
|
F007 |
Spent cyanide plating bath solutions from electroplating operations. |
|
F008 |
Plating bath residues from the bottom of plating baths from electroplating operations where cyanides are used in the process. |
|
F009 |
Spent stripping and cleaning bath solutions from electroplating operations where cyanides are used in the process. |
|
F010 |
Quenching bath residues from oil baths from metal treating operations where cyanides are used in the process. |
|
F011 |
Spent cyanide solutions from salt bath pot cleaning from metal heat treating operations. |
|
F012 |
Quenching waste water treatment sludges from metal heat treating operations where cyanides are used in the process. |
|
F019 |
Wastewater treatment sludges from the chemical conversion coating of aluminum except from zirconium phosphating in aluminum car washing when such phosphating is an exclusive conversion coating process. |
|
K002 |
Wastewater treatment sludge from the production of chrome yellow and orange pigments. |
|
K003 |
Wastewater treatment sludge from the production of molybdate orange pigments. |
|
K004 |
Wastewater treatment sludge from the production of zinc yellow pigments. |
|
K005 |
Wastewater treatment sludge from the production of chrome green pigments. |
|
K006 |
Wastewater treatment sludge from the production of chrome oxide green pigments (anhydrous and hydrated). |
|
K007 |
Wastewater treatment sludge from the production of iron blue pigments. |
|
K008 |
Oven residue from the production of chrome oxide green pigments. |
|
K061 |
Emission control dust/sludge from the primary production of steel in electric furnaces. |
|
K069 |
Emission control dust/sludge from secondary lead smelting. |
|
K071 |
Brine purification muds from the mercury cell processes in chlorine production, where separately prepurified brine is not used. |
|
K100 |
Waste leaching solution from acid leaching of emission control dust/sludge from secondary lead smelting. |
|
K106 |
Sludges from the mercury cell processes for making chlorine. |
|
P010 |
Arsenic acid H3 AsO4 |
|
P011 |
Arsenic oxide As2 O5 |
|
P012 |
Arsenic trioxide |
|
P013 |
Barium cyanide |
|
P015 |
Beryllium |
|
P029 |
Copper cyanide Cu(CN) |
|
P074 |
Nickel cyanide Ni(CN)2 |
|
P087 |
Osmium tetroxide |
|
P099 |
Potassium silver cyanide |
|
P104 |
Silver cyanide |
|
P113 |
Thallic oxide |
|
P114 |
Thallium (l) selenite |
|
P115 |
Thallium (l) sulfate |
|
P119 |
Ammonium vanadate |
|
P120 |
Vanadium oxide V2 O5 |
|
P121 |
Zinc cyanide. |
|
U032 |
Calcium chromate. |
|
U145 |
Lead phosphate. |
|
U151 |
Mercury. |
|
U204 |
Selenious acid. |
|
U205 |
Selenium disulfide. |
|
U216 |
Thallium (I) chloride. |
|
U217 |
Thallium (I) nitrate. |
1 A combustion unit is defined as any thermal technology subject to Section 264, subsection part O; Section 265, subsection O; and/or 266, subsection H
Section 270.
- ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM
Subsection A
-- General
Information
§ 270.1
Purpose
and scope of these rules
(a) Coverage.
(1) These permit rules establish provisions
for the Hazardous Waste Permit Program under Subtitle C of the federal Solid
Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of
1976, as amended (RCRA), ( Pub. L. 94-580, as amended by Pub. L. 95-609 and by
Pub. L. 96-482; 42 U.S.C. 6091 et seq.). They apply to EPA and to approved
States to the extent provided in 40 CFR part 271 .
(2) The rules in this Section cover basic
State and federal permitting requirements, such as application requirements,
standard permit conditions, and monitoring and reporting requirements. These
rules are part of a regulatory scheme implementing the Arkansas Hazardous Waste
Management Act and the federal RCRA set forth in different parts of this
document and the Code of Federal Regulations. The following chart indicates
where the rules implementing RCRA appear in the CFR and this Rule.
|
Section of RCRA |
Coverage |
Final regulation |
Final rule |
|
Subtitle C |
Overview and definitions |
40 CFR part 260 |
Rule 23 § 260 |
|
3001 |
Identification and listing of hazardous waste |
40 CFR part 261 |
Rule 23 § 261 |
|
3002 |
Generators of hazardous waste |
40 CFR part 262 |
Rule 23 § 262 |
|
3003 |
Transporters of hazardous waste |
40 CFR part 263 |
Rule 23 § 263 |
|
3004 |
Standards for HWM facilities |
40 CFR parts 264, 265, 266, and 267 |
Rule 23 §§ 264, 265, and 266 |
|
3005 |
Permit requirements for HWM facilities |
40 CFR parts 270 and 124 |
Rule 23 §270, and Rule No. 8 |
|
3006 |
Guidelines for State programs |
40 CFR part 271 |
|
|
3010 |
Preliminary notification (public notice) 45 FR of HWM activity 12746 February 26, 1980 |
Rule 23 § 262 |
|
(3)
Technical rules. The Hazardous Waste Management (hereafter HWM) permit program
has separate additional Rules that contain technical requirements. These
separate rules are used by permit issuing authorities to determine what
requirements must be placed in permits if they are issued. These separate rules
are located in Sections 264, 266, 267, and 268 of this rule.
(b) Overview of the HWM Permit
Program. Not later than 90 days after the promulgation or revision of rules in
Section 261 of this rule (identifying and listing hazardous wastes) generators
and transporters of hazardous waste, and owners or operators of hazardous waste
treatment, storage, or disposal facilities may be required to file a
notification of that activity under RCRA section 3010. Treatment, storage, and
disposal facilities (TSDs) that are otherwise subject to permitting under RCRA
and that meet the criteria in paragraph (b)(1), or paragraph (b)(2) of this
section, may be eligible for a standardized permit under Subsection J of this
Section. Six months after the initial promulgation of the Section 261 rules,
treatment, storage, or disposal of hazardous waste by any person who has not
applied for or received an HWM permit is prohibited. An HWM permit application
consists of two parts, Part A (see § 270.13) and
Part B (see § 270.14 and applicable sections in
§§ 270.15 through 270.29). For "existing HWM facilities," the
requirement to submit an application is satisfied by submitting only Part A of
the permit application until the date the Director sets for submitting Part B
of the application. (Part A consists of Forms 1 and 3 of the Consolidated
Permit Application Forms.) Timely submission of both notification under section
3010 and Part A qualifies owners and operators of existing HWM facilities (who
are required to have a permit) for interim status under the Arkansas Hazardous
Waste Management Act (A.C.A. §§
8-7-201
et seq.)
Facility owners and operators with interim status are treated as having been
issued a permit until EPA or a State with either interim authorization for
Phase II or final authorization under 40 CFR part 271 makes a final
determination on the permit application. Facility owners and operators with
interim status must comply with interim status standards set forth at 40 CFR
part 265 and 266 or with the analogous provisions at Sections 265 and 266 of
this Rule. Facility owners and operators with interim status are not relieved
from complying with other State requirements. For existing HWM facilities, the
Director shall set a date, giving at least six months notice, for submission of
Part B of the application. There is no form for Part B of the application;
rather, Part B must be submitted in narrative form and contain the information
set forth in the applicable sections of §§ 270.14 through 270.29.
Owners or operators of new HWM facilities must submit parts A and B of the
permit application at least 180 days before physical construction is expected
to commence.
(1) The facility generates
hazardous waste and then non-thermally treats or stores hazardous waste on-site
in tanks, containers, or containment buildings; or
(2) The facility receives hazardous waste
generated off-site by a generator under the same ownership as the receiving
facility, and then stores or non-thermally treats the hazardous waste in
containers, tanks, or containment buildings.
(c) Scope of the RCRA permit requirement.
RCRA requires a permit for the "treatment," "storage," and "disposal" of any
"hazardous waste'' as identified or listed in § 261of this rule. The terms
"treatment," "storage," "disposal," and "hazardous waste" are defined in §
270.2. Owners and operators of hazardous waste management units must have
permits during the active life (including the closure period) of the unit.
Owners and operators of surface impoundments, landfills, land treatment units,
and waste pile units that received waste after July 26, 1982, or that certified
closure (according to § 265.115 of this rule) after January 26, 1983, must
have post-closure permits, unless they demonstrate closure by removal or
decontamination as provided under § 270.1(c)(5) and (6), or obtain an
enforceable document in lieu of a post-closure permit, as provided under
paragraph (c)(7) of this section. If a post-closure permit is required, the
permit must address applicable Section 264 groundwater monitoring, unsaturated
zone monitoring, corrective action, and post-closure care requirements of this
chapter. The denial of a permit for the active life of a hazardous waste
management facility or unit does not affect the requirement to obtain a
post-closure permit under this section.
(1)
Specific inclusions. Owners and operators of certain facilities require HWM
permits as well as permits under other programs for certain aspects of the
facility operation. HWM permits are required for:
(i) Injection wells that dispose of hazardous
waste, and associated surface facilities that treat, store or dispose of
hazardous waste, (See § 270.64). However, the owner and operator with a
UIC permit in a State with an approved or promulgated UIC program, will be
deemed to have an HWM permit for the injection well itself if they comply with
the requirements of § 270.60(b) (permit-by-rule for injection
wells).
(ii) Treatment, storage, or
disposal of hazardous waste at facilities requiring an NPDES permit. However,
the owner and operator of a publicly owned treatment works receiving hazardous
waste will be deemed to have an HWM permit for that waste if they comply with
the requirements of § 270.60(c) (permit-by-rule for POTWs).
(iii) Barges or vessels that dispose of
hazardous waste by ocean disposal and onshore hazardous waste treatment or
storage facilities associated with an ocean disposal operation. However, the
owner and operator will be deemed to have an HWM permit for ocean disposal from
the barge or vessel itself if they comply with the requirements of §
270.60(a) (permit-by-rule for ocean disposal barges and vessels).
(2) Specific exclusions and
exemptions. The following persons are among those who are not required to
obtain an HWM permit:
(i) Generators who
accumulate hazardous waste on-site in compliance with all of the conditions for
exemption provided in § 262.14, § 262.15, § 262.16, and §
262.17. Generators must be in full compliance with all time frames and
technical requirements provided in § 262.34 of this Rule in order to
utilize the on-site treatment exemption for generators.
(ii) Farmers who dispose of hazardous waste
pesticides from their own use as provided in § 262.70 of this
rule;
(iii) Persons who own or
operate facilities solely for the treatment, storage or disposal of hazardous
waste excluded from rules under this section by § 261.4 or 262.14 (very
small quantity generator exemption).
(iv) Owners or operators of totally enclosed
treatment facilities as defined in § 260.10. (v) Owners and operators of
elementary neutralization units or wastewater treatment units as defined in
§ 260.10.
(vi) Transporters
storing manifested shipments of hazardous waste in containers meeting the
requirements of § 262.30 at a transfer facility for a period of ten days
or less.
(vii) Persons adding
absorbent material to waste in a container (as defined in § 260.10 of this
rule) and persons adding waste to absorbent material in a container, provided
that these actions occur at the time waste is first placed in the container;
and §§ 264.17(b), 264.171, and 264.172 of this rule are complied
with.
(viii) Universal waste
handlers and universal waste transporters (as defined in § 260.10)
managing the wastes listed below. These handlers are subject to regulation
under § 273.
(A) Batteries as described
in § 273.2;
(B) Pesticides as
described in § 273.3 of this rule;
(C) Mercury-containing devices as described
in § 273.4 of this rule;
(D)
Lamps as described in § 273.5 of this rule; and
(E)
Consumer electronic items as
described in § 273.6 of this rule.
(3) Further exclusions.
(i) A person is not required to obtain a HWM
permit for treatment or containment activities taken during immediate response
to any of the following situations:
(A) A
discharge of a hazardous waste;
(B)
An imminent and substantial threat of a discharge of hazardous waste;
(C) A discharge of a material which, when
discharged, becomes a hazardous waste.
(D) An immediate threat to human health,
public safety, property, or the environment from the known or suspected
presence of military munitions, other explosive material, or an explosive
device, as determined by an explosive or munitions emergency response
specialist as defined in § 260.10.
(ii) Any person who continues or initiates
hazardous waste treatment or containment activities after the immediate
response is over is subject to all applicable requirements of this part for
those activities.
(iii) In the case
of emergency responses involving military munitions, the responding military
emergency response specialist's organizational unit must retain records for
three years identifying the dates of the response, the responsible persons
responding, the type and description of material addressed, and its
disposition.
(4) Permits
for less than an entire facility. DEQ may issue or deny a permit for one or
more units at a facility without simultaneously issuing or denying a permit to
all of the units at the facility. The interim status of any unit for which a
permit has not been issued or denied is not affected by the issuance or denial
of a permit to any other unit at the facility.
(5) Closure by removal. Owners/operators of
surface impoundments, land treatment units, and waste piles closing by removal
or decontamination under Section 265 standards must obtain a post-closure
permit unless they can demonstrate to the Director that the closure met the
standards for closure by removal or decontamination in § 264.228, §
264.280(e), or § 264.258, respectively. The demonstration may be made in
the following ways:
(i) If the owner/operator
has submitted a Part B application for a post-closure permit, the
owner/operator may request a determination, based on information contained in
the application, that Section 264 closure by removal standards were met. If the
Director believes that Section 264 standards were met, he/she will notify the
public of this proposed decision, allow for public comment, and reach a final
determination according to the procedures in paragraph (c)(6) of this
section.
(ii) If the owner/operator
has not submitted a Part B application for a post-closure permit, the
owner/operator may petition the Director for a determination that a
post-closure permit is not required because the closure met the applicable
Section 264 closure standards.
(A) The
petition must include data demonstrating that closure by removal or
decontamination standards were met, or it must demonstrate that the unit closed
under State requirements that met or exceeded the applicable Section 264
closure-by-removal standard.
(B)
The Director shall approve or deny the petition according to the procedures
outlined in paragraph (c)(6) of this section.
(6) Procedures for closure equivalency
determination.
(i) If a facility
owner/operator seeks an equivalency demonstration under § 270.1(c)(5), the
Director will provide the public, through a newspaper notice, the opportunity
to submit written comments on the information submitted by the owner/operator
within 30 days from the date of the notice. The Director will also, in response
to a request or at his/her own discretion, hold a public hearing whenever such
a hearing might clarify one or more issues concerning the equivalence of the
Section 265 closure to a Section 264 closure. The Director will give public
notice of the hearing at least 30 days before it occurs. (Public notice of the
hearing may be given at the same time as notice of the opportunity for the
public to submit written comments, and the two notices may be
combined.)
(ii) The Director will
determine whether the Section 264 closure met Section 264 closure by removal or
decontamination requirements within 90 days of its receipt. If the Director
finds that the closure did not meet the applicable Section 264 standards,
he/she will provide the owner/operator with a written statement of the reasons
why the closure failed to meet these standards. The owner/operator may submit
additional information in support of an equivalency demonstration within 30
days after receiving such written statement. The Director will review any
additional information submitted and make a final determination within 60
days.
(iii) If the Director
determines that the facility did not close in accordance with Section 264
closure by removal standards, the facility is subject to post-closure
permitting require-ments.
(7) Enforceable documents for post-closure
care. At the discretion of the Director, an owner or operator may obtain, in
lieu of a post-closure permit, an enforceable document imposing the
requirements of § 265.121. "Enforceable document" means an order, a plan,
or other document issued by EPA or by the Division under an authority that
meets the requirements of
40 CFR
271.16(e) including, but not
limited to, a corrective action order issued by EPA under section 3008(h), a
CERCLA remedial action, or a closure or post-closure
plan.
§
270.2
Definitions
The following definitions apply to Section 270. Terms not defined in this section have the meaning given by Section 260.10.
"Administrator" means the Administrator of the United States Environmental Protection Agency, or an authorized representative.
"Application" means the EPA standard national forms for applying for a permit, including any additions, revisions or modifications to the forms; or forms approved by EPA for use in approved States, including any approved modifications or revisions. Application also includes the information required by the Director under §§ 270.14 through 270.29 (contents of Part B of the hazardous waste permit application).
"Approved program or approved State" means a State which has been approved or authorized by EPA under 40 CFR part 271.
"Aquifer" means a geological formation, group of formations, or part of a formation that is capable of yielding a significant amount of water to a well or spring.
"Closure" means the act of securing a Hazardous Waste Management facility pursuant to the requirements of Section 264 of this rule.
"Component" means any constituent part of a unit or any group of constituent parts of a unit which are assembled to perform a specific function (e.g., a pump seal, pump, kiln liner, kiln thermocouple).
"Corrective Action Management Unit" or "CAMU" means an area within a facility that is desigated by the Director under § 264 Subsection S for the purpose of implementing corrective action requirements under § 264.101, or the Arkansas Remedial Action Trust Fund Act. A CAMU shall only be used for the management of remediation wastes pursuant to implementing such corrective action requirements at the facility.
"CWA" means the federal Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act amendments of 1972) Pub. L. 92-500, as amended by Pub. L. 92-217 and Pub. L. 95-576; 33 U.S.C. 1251 et seq.
"Director" means the Director of the Division of Environmental Quality, or an authorized representative. When the Division has not yet received federal authorization for a particular rule and there is an EPA administered program, "Director" means the Regional Administrator. When there is an approved State program, "Director" normally means the State Director. In some circumstances, however, EPA retains the authority to take certain actions even when there is an approved State program. In such cases, the term "Director" means the Regional Administrator and not the State Director.
"Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land or water so that such hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground water.
"Disposal facility" means a facility or part of a facility at which hazardous waste is intentionally placed into or on the land or water, and at which hazardous waste will remain after closure. The term disposal facility does not include a corrective action management unit into which remediation wastes are placed.
"Draft permit" means a document prepared under 40 CFR 124.6 indicating the Director's tentative decision to issue or deny, modify, revoke and reissue, terminate, or reissue a permit. A notice of intent to terminate a permit, and a notice of intent to deny a permit, as discussed in § 124.5, are types of draft permits. A denial of a request for modification, revocation and reissuance, or termination, as discussed in § 124.5 is not a "draft permit." A proposed permit is not a draft permit.
"Elementary neutralization unit" means a device which:
(a) Is used for neutralizing
wastes only because they exhibit the corrosivity characteristic defined in
§ 261.22 of this rule, or are listed in Subsection D of Section 261 of
this rule only for this reason; and
(b) Meets the definition of tank, tank
system, container, transport vehicle, or vessel in § 260.10 of this rule.
"Emergency permit" means an HWM permit issued in accordance with § 270.61.
"Environmental Protection Agency (EPA)" means the United States Environmental Protection Agency.
"EPA" means the United States Environmental Protection Agency.
"Facility mailing list" means the mailing list for a facility maintained by the Division in accordance with 40 CFR 124.10(c)(1)(ix) and § 270.7 of this rule.
"Facility or activity" means any HWM facility or any other facility or activity (including land or appurtenances thereto) that is subject to regulation under the RCRA program.
"Federal, State and local approvals or permits necessary to begin physical construction" means permits and approvals required under Federal, State or local hazardous waste control statutes, regulations, rules or ordinances.
"Final authorization" means approval by EPA of a State program which has met the requirements of section 3006(b) of RCRA and the applicable requirements of 40 CFR Part 271, Subpart A.
"Functionally equivalent component" means a component which performs the same function or measurement and which meets or exceeds the performance specifications of another component.
"Generator" means any person, by site location, whose act, or process produces "hazardous waste" identified or listed in Section 261 of this rule.
"Ground water" means water below the land surface in a zone of saturation.
"Hazardous Waste Management Facility (HWM facility)" means all contiguous land, and structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing of hazardous waste. A facility may consist of several treatment, storage, or disposal operational units (for example, one or more landfills, surface impoundments, or combinations of them).
"HWM facility" means Hazardous Waste Management facility.
"Injection well" means a well into which fluids are being injected.
"In operation" means a facility which is treating, storing, or disposing of hazardous waste.
"Interim authorization" means approval by EPA of a State hazardous waste program which has met the requirements of section 3006(g)(2) of RCRA and applicable requirements of 40 CFR part 271, subpart B.
"Major facility" means any facility or activity classified as such by the Director, or, in the case of approved State programs, the Director in conjunction with the State Director.
"Manifest" means the shipping document originated and signed by the generator which contains the information required by Subsection B of Section 262.
"National Pollutant Discharge Elimination System" means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of the federal Clean Water Act. The term includes an approved program.
"NPDES" means National Pollutant Discharge Elimination System.
"New HWM facility" means a Hazardous Waste Management facility which began operation or for which construction commenced after November 19, 1980.
"Off-site" means any site which is not on-site.
"On-site" means on the same or geographically contiguous property which may be divided by public or private right(s)-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right(s)-of-way. Non-contiguous properties owned by the same person but connected by a right-of-way which the person controls and to which the public does not have access, is also considered on-site property.
"Permit" means an authorization, license, or equivalent control document issued by EPA or an approved State to implement the requirements of this Section and 40 CFR Parts 271 and 124. Permit includes permit by rule (§ 270.60), emergency permit (§ 270.61) and standardized permit (subsection J of this section). Permit does not include RCRA interim status (subsection G of this section), or any permit which has not been the subject of final agency action, such as a draft permit or a proposed permit.
"Permit-by-rule" means a provision of these rules stating that a facility or activity is deemed to have an HWM permit if it meets the requirements of the provision.
"Phase I" means that phase of the Federal hazardous waste management program commencing on the effective date of the last of the following to be initially promulgated: 40 CFR Parts 260, 261, 262, 263, 265, 270 and 271. Promulgation of Phase I refers to promulgation of the rules necessary for Phase I to begin.
"Phase II" means that phase of Federal hazardous waste management program commencing on the effective date of the first subpart of 40 CFR part 264, subparts F through R to be initially promulgated. Promulgation of Phase II refers to promulgation of the rules necessary for Phase II to begin.
"Physical construction" means excavation, movement of earth, erection of forms or structures, or similar activity to prepare an HWM facility to accept hazardous waste.
"POTW" means publicly owned treatment works.
"Publicly owned treatment works (POTW)" means any device or system used in the treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a liquid nature which is owned by a State or municipality. This definition includes sewers, pipes, or other conveyances only if they convey wastewater to a POTW providing treatment.
"RCRA" means the federal Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976 ( Pub. L. 94-580, as amended by Pub. L. 95-609 and Pub. L. 96-482, 42 U.S.C. 6901 et seq.)
"Regional Administrator" means the Regional Administrator of the appropriate Regional Office of the Environmental Protection Agency [EPA Region VI] or the authorized representative of the Regional Administrator.
"Remedial Action Plan" (RAP) means a special form of RCRA permit that a facility owner or operator may obtain instead of a permit issued under §§ 270.3 through 270.66, to authorize the treatment, storage or disposal of hazardous remediation waste (as defined in § 260.10 of this rule) at a remediation waste management site.
"Schedule of compliance" means a schedule of remedial measures included in a permit, including an enforceable sequence of interim requirements (for example, actions, operations, or milestone events) leading to compliance with the Act and rules.
"SDWA" means the federal Safe Drinking Water Act ( Pub. L. 95-523, as amended by Pub. L. 95-1900; 42 U.S.C. 3001 et seq.).
"Standardized permit" means a RCRA permit issued under 40 CFR Part 124, subsection G, Rule No. 8, and Subsection J of this Section authorizing the facility owner or operator to manage hazardous waste. The standardized permit may have two parts: a uniform portion issued in all cases and a supplemental portion issued at the Director's discretion.
"State" means any of the 50 States, the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands.
"State Director" means the chief administrative officer of any State agency operating an approved program, or the delegated representative of the State Director. If responsibility is divided among two or more State agencies, State Director means the chief administrative officer of the State agency authorized to perform the particular procedure or function to which reference is made.
"State/EPA Agreement" means an agreement between the Regional Administrator and the Arkansas Division of Environmental Quality which coordinates EPA and State activities, responsibilities and programs.
"Storage" means the holding of hazardous waste for a temporary period, at the end of which the hazardous waste is treated, disposed, or stored elsewhere.
"Transfer facility" means any transportation-related facility including loading docks, parking areas, storage areas and other similar areas where shipments of hazardous waste are held during the normal course of transportation.
"Transporter" means a person engaged in the off-site transportation of hazardous waste by air, rail, highway or water.
"Treatment" means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such wastes, or so as to recover energy or material resources from the waste, or so as to render such waste non-hazardous, or less hazardous; safer to transport, store, or dispose of; or amenable for recovery, amenable for storage, or reduced in volume.
"UIC" means the Underground Injection Control Program under Part C of the federal Safe Drinking Water Act, including an approved program.
"Underground injection" means a well injection.
"Underground source of drinking water (USDW)" means an aquifer or its portion:
(a)
(1) Which supplies any public water system;
or
(2) Which contains a sufficient
quantity of ground water to supply a public water system; and
(i) Currently supplies drinking water for
human consumption; or
(ii) Contains
fewer than 10,000 mg/l total dissolved solids; and
(b) Which is not an exempted
aquifer.
"USDW" means underground source of drinking water.
"Wastewater treatment unit" means a device which:
(a) Is part of a wastewater
treatment facility which is subject to regulation under either section 402 or
307(b) of the federal Clean Water Act; and
(b) Receives and treats or stores an influent
wastewater which is a hazardous waste as defined in § 261.3 of this rule,
or generates and accumulates a wastewater treatment sludge which is a hazardous
waste as defined in § 261.3 of this rule, or treats or stores a wastewater
treatment sludge which is a hazardous waste as defined in § 261.3 of this
rule; and
(c) Meets the definition
of tank or tank system in § 260.10 of this rule.
§ 270.3
Considerations under
Federal law
The following is a list of Federal laws that may apply to the issuance of permits under these rules. When any of these laws is applicable, its procedures must be followed. When the applicable law requires consideration or adoption of particular permit conditions or requires the denial of a permit, those requirements also must be followed.
(a)
The Wild and Scenic Rivers Act.
16 U.S.C.
1273 et seq. Section 7 of the Act prohibits
the Regional Administrator or Director from assisting by license or otherwise
the construction of any water resources project that would have a direct,
adverse effect on the values for which a national wild and scenic river was
established.
(b)
The
National Historic Preservation Act of 1966.
16 U.S.C.
470 et seq. Section 106 of the Act and
implementing regulations (36 CFR part 800) require the Regional Administrator
or Director, before issuing a license, to adopt measures when feasible to
mitigate potential adverse effects of the licensed activity and properties
listed or eligible for listing in the National Register of Historic Places. The
Act's requirements are to be implemented in cooperation with State Historic
Preservation Officers and upon notice to, and when appropriate, in consultation
with the Advisory Council on Historic Preservation.
(c)
The Endangered Species
Act.
16
U.S.C. 1531 et seq. Section 7 of the Act and
implementing regulations (50 CFR part 402) require the Regional Administrator
or Director to ensure, in consultation with the Secretary of the Interior or
Commerce, that any action authorized by EPA or the Division is not likely to
jeopardize the continued existence of any endangered or threatened species or
adversely affect its critical habitat.
(d)
The Coastal Zone Management Act.
16 U.S.C.
1451 et seq. Section 307(c) of the Act and
implementing regulations (15 CFR part 930) prohibit EPA or the Division from
issuing a permit for an activity affecting land or water use in the coastal
zone until the applicant certifies that the proposed activity complies with the
State Coastal Zone Management program, and the State or its designated agency
concurs with the certification (or the Secretary of Commerce overrides the
State's nonconcurrence).
(e)
The Fish and Wildlife Coordination Act.
16 U.S.C.
661 et seq. requires that the Regional
Administrator or Director, before issuing a permit proposing or authorizing the
impoundment (with certain exemptions), diversion, or other control or
modification of any body of water, consult with the appropriate State agency
exercising jurisdiction over wildlife resources to conserve those
resources.
(f) Executive orders.
[Reserved]
§ 270.4
Effect of a permit
(a)
(1) Compliance with an HWM permit during its
term constitutes compliance, for purposes of enforcement, with subtitle C of
RCRA except for those requirements not included in the permit which:
(i) Become effective by statute;
(ii) Are promulgated under Section 268 of
this rule or 40 CFR Part 268 restricting the placement of hazardous wastes in
or on the land; or
(iii) Are
promulgated under Section 264 of this rule regarding leak detection systems for
new and replacement surface impoundment, waste pile, and landfill units, and
lateral expansions of surface impoundment, waste pile, and landfill units. The
leak detection system requirements include double liners, CQA programs,
monitoring, action leakage rates, and response action plans, and will be
implemented through the procedures of § 270.42 Class 1* permit
modifications.
(iv) Are promulgated
under Subsections AA, BB, or CC of Section 265 of this Rule limiting air
emissions.
(2) A permit
may be modified, revoked and reissued, or terminated during its term for cause
as set forth in §§ 270-41 and 270.43, or the permit may be modified
upon the request of the permittee as set forth in § 270.42.
(b) The issuance of a permit does
not convey any property rights of any sort, or any exclusive
privilege.
(c) The issuance of a
permit does not authorize any injury to persons or property or invasion of
other private rights, or any infringement of State or local law or
rules.
§ 270.5
Noncompliance and program reporting by the Director
The Director shall prepare quarterly and annual reports as detailed below. When the State is the permit-issuing authority, the Director shall submit any reports required under this section to the Regional Administrator. When EPA is the permit-issuing authority, the Regional Administrator shall submit any report required under this section to EPA Headquarters. For purposes of this section only, HWM permittees shall include interim status facilities, when appropriate.
(a) Quarterly reports. The Director shall
submit quarterly narrative reports for major facilities as follows:
(1) Format. The report shall use the
following format:
(i) Information on
noncompliance for each facility;
(ii) Alphabetize by permittee name. When two
or more permittees have the same name, the lowest permit number shall be
entered first;
(iii) For each entry
on the list, include the following information in the following order:
(A) Name, location, and permit number of the
noncomplying permittee.
(B) A brief
description and date of each instance of noncompliance for that permittee.
Instances of noncompliance may include one or more of the kinds set forth in
paragraph (a)(2) of this section. When a permittee has noncompliance of more
than one kind, combine the information into a single entry for each such
permittee.
(C) The date(s) and a
brief description of the action(s) taken by the Director to ensure
compliance.
(D) Status of the
instance(s) of noncompliance with the date of the review of the status or the
date of resolution.
(E) Any details
which tend to explain or mitigate the instance(s) of noncompliance.
(2) Instances of
noncompliance to be reported. Any instances of noncompliance within the
following categories shall be reported in successive reports until the
noncompliance is reported as resolved. Once noncompliance is reported as
resolved it need not appear in subsequent reports.
(i) Failure to complete construction
elements. When the permittee has failed to complete, by the date specified in
the permit, an element of a compliance schedule involving either planning for
construction (for example, award of a contract, preliminary plans), or a
construction step (for example, begin construction, attain operation level);
and the permittee has not returned to compliance by accomplishing the required
element of the schedule within 30 days from the date a compliance schedule
report is due under the permit.
(ii) Modifications to schedules of
compliance. When a schedule of compliance in the permit has been modified under
§ 270.41 or § 270.42 because of the permittee's
noncompliance.
(iii) Failure to
complete or provide compliance schedule or monitoring reports. When the
permittee has failed to complete or provide a report required in a permit
compliance schedule (for example, progress report or notice of noncompliance or
compliance) or a monitoring report; and the permittee has not submitted the
complete report within 30 days from the date it is due under the permit for
compliance schedules, or from the date specified in the permit for monitoring
reports.
(iv) Deficient reports.
When the required reports provided by the permittee are so deficient as to
cause misunderstanding by the Director and thus impede the review of the status
of compliance.
(v) Noncompliance
with other permit requirements. Noncompliance shall be reported in the
following circumstances:
(A) Whenever the
permittee has violated a permit requirement (other than reported under
paragraph (a)(2)(i) or (ii) of this section), and has not returned to
compliance within 45 days from the date reporting of noncompliance was due
under the permit; or
(B) When the
Director determines that a pattern of noncompliance exists for a major facility
permittee over the most recent four consecutive reporting periods. This pattern
includes any violation of the same requirement in two consecutive reporting
periods, and any violation of one or more requirements in each of four
consecutive reporting periods; or
(C) When the Director determines significant
permit non-compliance or other significant event has occurred such as a fire or
explosion or migration of fluids into a USDW.
(vi) All other. Statistical information shall
be reported quarterly on all other instances of noncompliance by major
facilities with permit requirements not otherwise reported under paragraph (a)
of this section.
(b) Annual reports -
(1) Annual noncompliance report. Statistical
reports shall be submitted by the Director on non-major HWM permittees
indicating the total number reviewed, the number of noncomplying nonmajor
permittees, the number of enforcement actions, and number of permit
modifications extending compliance deadlines. The statistical information shall
be organized to follow the types of noncompliance listed in paragraph (a) of
this section.
(2) In addition to
the annual noncompliance report, the Director shall prepare a "program report"
which contains information (in a manner and form prescribed by the
Administrator) on generators and transporters and the permit status of
regulated facilities. The Director shall also include, on a biennial basis,
summary information on the quantities and types of hazardous wastes generated,
transported, treated, stored and disposed during the preceding odd-numbered
year. This summary information shall be reported in a manner and form
prescribed by the Administrator and shall be reported according to EPA
characteristics and lists of hazardous wastes at Section 261 of this
rule.
(c) Schedule.
(1) For all quarterly reports. On the last
working day of May, August, November, and February, the Director shall submit
to the Regional Administrator information concerning noncompliance with HWM
permit requirements by major facilities in the State in accordance with the
following schedule. The Regional Administrator shall prepare and submit
information for EPA-issued permits to EPA Headquarters in accordance with the
same schedule.
Quarters Covered by Reports on Noncompliance by Major Dischargers
[Date for completion of reports]
|
January, February, March1 |
May 31 |
|
April, May, June1 |
August 31 |
|
July, August, September1 |
November 30 |
|
October, November, December1 |
February 28 |
1 Reports must be made available to the public for inspection and copying on this date.
§ 270.6
References
(a) When used in Section
270 of this rule, the following publications are incorporated by reference.
These incorporations by reference were approved by the Director of the Federal
Register pursuant to
5
U.S.C. 552(a) and 1 CFR part
51. These materials are incorporated as they exist on the date of approval and
a notice of any change in these materials will be published in the Federal
Register. Copies may be inspected at the Library, U.S. Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., (3403T), Washington, DC 20460,
libraryhq@epa.gov; or at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA, call
(202) 741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(b) The following materials are available for
purchase from the National Technical Information Service (NTIS), 5285 Port
Royal Road, Springfield, VA 22161, (703) 605-6000 or (800) 553- 6847; or for
purchase from the Superintendent of Documents, U.S. Government Printing Office,
Washington, DC 20402, (202) 512-1800:
(1)
''APTI Course 415: Control of Gaseous Emissions,'' EPA Publication
EPA-450/2-81- 005, December 1981, IBR approved for §§ 270.24 and
270.25.
(2) [Reserved].
§ 270.7
Arkansas's General Requirements for Permit Applications
(a)
Nothing in this Section shall be
construed to allow commercial hazardous waste landfill facilities to store,
treat, bury, dispose or otherwise process hazardous waste without first
obtaining a permit from the Division under the provisions of this
Rule.
(b)
Financial Assurances. The owner or operator of a hazardous waste disposal
facility shall provide long term financial responsibility as the Division may
deem appropriate (§§ 264 and 265, Subsection H, of this rule), taking
into account the nature of the facility and the nature of waste stored, treated
or disposed of in such facility. The financial responsibility required under
this paragraph shall provide funds for claims arising out of injury to persons
and property from the release or escape of hazardous waste to the environment
during sudden or accidental occurrences and shall provide for reimbursement of
expenses incurred by the Division or the State of Arkansas for cleanup or
maintenance, monitoring or such other activities as may be necessary. The
financial responsibilities required hereunder shall be for such period as
determined by the Division.
(c)
The owner or operator of a
hazardous waste disposal facility shall provide contracts, agreements and such
other documentation as may be required to demonstrate to the Director's
reasonable satisfaction that the waste which is proposed to be disposed of is
waste which results from the treatment of waste to the full extent of known
technology and economics or is waste for which there is no technically and
economically feasible means of treatment available.
(d) Pre-application public meeting and
notice.
(1) Applicability. The following
requirements shall apply to all RCRA part B applications seeking initial
permits for hazardous waste management units over which the Division has permit
issuance authority. The requirements of this section shall also apply to RCRA
part B applications seeking renewal of permits for such units, where the
renewal application is proposing a significant change in facility operations.
(For the purposes of this section, a "significant change" is any change that
would qualify as a Class 3 permit modification under § 270.42 of this
rule.) The requirements of this section do not apply to other
permit modifications under § 270.42 or to applications that are
submitted for the sole purpose of conducting post-closure activities or
post-closure activities and corrective action at a facility.
(2) Prior to the submission of a part B RCRA
permit application for a facility, the applicant must hold at least one meeting
with the public in order to solicit questions from the community and inform the
community of its proposed hazardous waste management activities. The applicant
shall post a sign-in sheet or otherwise provide a voluntary opportunity for
attendees to provide their names and addresses.
(3) The applicant shall submit a summary of
the meeting, along with the list of attendees and their addresses developed
under paragraph (b) of this section, and copies of any written comments or
materials submitted at the meeting, to the Division as a part of the part B
application, in accordance with § 270.14(b).
(4) The applicant must provide public notice
of the pre-application meeting at least 30 days prior to the meeting. The
applicant must maintain, and provide to the Division upon request,
documentation of this notice.
(i) The
applicant shall provide public notice in all of the following forms:
(A) A newspaper advertisement. The applicant
shall publish a notice fulfilling the requirements of paragraph (4)(ii) of this
subsection in the newspaper having the largest circulation published in
the county in which the facility is, or is proposed to be located, as well as
publishing a notice in the newspaper having the largest circulation published
in each adjoining county. If there is no newspaper published in any of the
counties so affected, the notice shall be published in the newspaper(s) having
the largest circulation in such county or counties. The notice must be
published as a display advertisement. Proof of publication of the above
notice shall be submitted to the Division within thirty (30) days of submission
of the application.
(B) A
visible and accessible sign. The applicant shall post a notice on a clearly
marked sign at or near the facility, fulfilling the requirements in paragraphs
(4)(ii) below. If the applicant places the sign on the facility property, then
the sign must be large enough to be readable from the nearest point where the
public would pass by the site.
(C)
A broadcast media announcement. The applicant shall broadcast a notice,
fulfilling the requirements in paragraph (4)(ii) of this section, at least once
on at least one local radio station or television station. The applicant may
employ another medium with prior approval of the Director.
(D) A notice to the permitting agency. The
applicant shall send a copy of the newspaper notice to the Division and to the
appropriate units of State and local government, in accordance with
40 CFR
124.10(c)(1)(x).
(ii) The notices required under paragraph
(4)(i) of this section must include:
(A)
The name, title, and business address of the
applicant;
(B)
The
location of the unit and/or facility, including a description of the
boundaries, including the address or a map (e.g., a sketched or copied
street map of the facility location);
(C) A brief description of the nature of the
facility (storage, treatment, or disposal) and and its proposed operations
(e.g., how waste is to be stored, treated, or disposed of) at the unit or
facility which is the subject of the permit application;
(D)
The types of hazardous wastes to
be managed at the unit or facility;
(E) The date, time, and location of the
meeting;
(F) A brief description of
the purpose of the meeting;
(G) A
statement encouraging people to contact the facility at least 72 hours before
the meeting if they need special access to participate in the meeting;
and
(H) The name, address, and
telephone number of a contact person for the applicant.
(e) Public notice
requirements at the application stage.
(1)
Applicability. The following requirements shall apply to all RCRA part B
applications seeking initial permits for hazardous waste management units over
which the Division has permit issuance authority. The requirements of this
section shall also apply to RCRA part B applications seeking renewal of permits
for such units under § 270.51. The requirements of this section do not
apply to permit modifications under § 270.42 or permit applications
submitted for the sole purpose of conducting post-closure activities or
post-closure activities and corrective action at a facility.
(2) Notification at application submittal.
(i) The applicant, or the owner/operator of
the facility shall provide public notice as set forth in
40 CFR
124.10(c)(1)(ix), and notice
to appropriate units of State and local government as set forth in
40 CFR
124.10(c)(1)(x), that a part
B permit application has been submitted to the Division and is available for
review.
(ii) The notice shall be
published in accordance with the provisions of Rule No. 8, §
8.205. In addition to the information required at Rule No. 8 §
8.205(B), the notice must include:
(A)
The name, title, and business
address of the applicant;
(B)
The location of the unit and/or
facility, including a description of the boundaries, including the
address or a map (e.g., a sketched or copied street map of the facility
location), and the city, town, or community nearest to the proposed
facility;
(C) A brief
description of the nature of the facility (storage, treatment, or disposal) and
and its proposed operations (e.g., how waste is to be stored, treated, or
disposed of) at the unit or facility which is the subject of the permit
application;
(D)
The types
of hazardous wastes to be managed at the unit or facility;
(E) The name and telephone number of the
applicant's contact person;
(F) The
name and telephone number of the Division's contact office, and a mailing
address to which information, opinions, and inquiries may be directed
throughout the permit review process;
(G) An address to which people can write in
order to be put on the facility mailing list;
(H) The location where copies of the permit
application and any supporting documents can be viewed and copied;
and
(I) The date that the
application was submitted.
(3) Concurrent with the notice required under
paragraph (2) above, the applicant or owner/operator must place a copy of the
permit application and any supporting documents in a location accessible to the
public in the vicinity of the facility or at the permitting agency's
office.
(f) Information
repository.
(1) Applicability. The
requirements of this section apply to all applications seeking RCRA permits for
hazardous waste management units over which the Division has permit issuance
authority.
(2) The Director may
assess the need, on a case-by-case basis, for an information repository. When
assessing the need for an information repository, the Director shall consider a
variety of factors, including: the level of public interest; the type of
facility; the presence of an existing repository; and the proximity to the
nearest copy of the administrative record. If the Director determines, at any
time after submittal of a permit application, that there is a need for a
repository, then the Director shall notify the facility that it must establish
and maintain an information repository. (See § 270.30(m) for similar
provisions relating to the information repository during the life of a
permit).
(3) The information
repository shall contain all documents, reports, data, and information deemed
necessary by the Director to fulfill the purposes for which the repository is
established. The Director shall have the discretion to limit the contents of
the repository.
(4) The information
repository shall be located and maintained at a site chosen by the facility. If
the Director finds the site unsuitable for the purposes and persons for which
it was established, due to problems with the location, hours of availability,
access, or other relevant considerations, then the Director shall specify a
more appropriate site.
(5) The
Director shall specify requirements for informing the public about the
information repository. At a minimum, the Director shall require the facility
to provide a written notice about the information repository to all individuals
on the facility mailing list.
(6)
The facility owner/operator shall be responsible for maintaining and updating
the repository with appropriate information throughout a time period specified
by the Director. The Director may close the repository at his or her
discretion, based on the factors in paragraph (2) of this section.
(g)
Notice to Adjacent
Landholders and Tenants. Any person who submits a permit application for a new
or existing hazardous waste management facility permit to the Division
(including requests to modify or transfer an existing permit) shall provide
written notice to all landholders and tenants of property contiguous to the
proposed or existing facility. This notice shall be sent by certified mail,
return receipt requested, and shall contain:
(1)
The name, title, and address of
the applicant;
(2)
The location of the unit and/or facility, including a description of
the boundaries of such unit and/or facility;
(3)
The nature of the unit or
facility (storage, treatment, or disposal) and a brief description of how
wastes are to be stored, treated, or disposed of at the unit or facility which
is the subject of the application; and
(4)
The type(s) of hazardous wastes
to be managed at the unit or facility.
The applicant shall submit to the Division documentation of its good faith effort to identify all such contiguous landholders and tenants and proof of notification within thirty (30) days of the application.
(h)
Permit Issuance.
(1)
A permit may not be transferred,
issued or modified except with the approval of the Division provided, however,
emergency authorization may be issued by the Director in accordance with the
provisions of Sections 270.61 through 270.63.
(2)
No permit shall be issued for
the construction, modification or operation of a hazardous waste management
facility unless the Division finds, after public hearings as provided herein,
that said construction, modification or operation is, or will be, in compliance
with the provisions of this Rule including applicable provisions of Sections
264, 265, 270, and 40 CFR 124, 40 CFR 264, 40 CFR 265, 40 CFR 267 and 40 CFR
270 . The Division may establish additional requirements as conditions of permit
where it deems such conditions necessary to protect the public health and the
environment.
(3)
The Division may grant variances in accordance with the provisions of A.C.A.
§
8-7-211, provided that said variances shall not provide terms less
stringent than those set by federal regulations at 40 CFR Parts 260-268 and
270, or terms less stringent than provisions of this Rule analogous to such
federal regulations.
(4)
Upon receipt of an application for a permit for a hazardous waste
management facility, the Director shall cause the permit to be processed in
accordance with the applicable the provisions of this Rule and 40 CFR Part 124
as adopted at Section 3 of this Rule.
(5)
The Director may authorize
qualified persons interested in a pending application to enter upon the
proposed site and make such relevant surveys and tests as the Director
authorizes, under such conditions as required by the Director and upon
sufficient notice to the applicant. All results of surveys or tests will be
provided to both the Division and the permit applicant and all costs of surveys
or tests will be borne by the party or parties requesting them. The Director
will further insure that the permit applicant will have an opportunity to make
a satisfactory showing (as provided in § 270.12 of this Rule) that certain
information which could meet criteria for being treated as confidential will
not be collected by or disclosed to any individual other than authorized
personnel of the Division.
(6)
No permit shall be issued for a
commercial hazardous waste management facility unless a public hearing is held
in accordance with the provisions of subparagraph (9) below. No permit for
noncommercial hazardous waste management facilities shall be issued unless the
Division first gives a 45 day opportunity for public comment as provided in
40 CFR
124.10. Where written objection to the
issuance of a permit for a noncommercial hazardous waste management facility is
filed within the 45 day comment period, no permit shall be issued unless a
public hearing is held in accordance with the provisions of subparagraph (9)
below.
(7)
Prior
to drafting the permit for any hazardous waste management facility, the
Division may hold a preliminary hearing, for information purposes, in the area
in which the facility is, or is to be located. The hearing may be held by
giving no less than ten (10) days notice in the newspaper having the largest
circulation in the county in which the facility is, or is proposed to be
located and the newspaper having the largest circulation in each adjoining
county. The notice shall provide:
(i)
The time, date and location of the hearing;
(ii)
The purpose of the hearing;
and
(iii)
The
location(s) where the application and all supporting information is available
for public review.
(8)
A 30-day notice of public
hearing on the draft permit shall be given in the manner
1 described in subparagraph (7) above . The notice shall provide:
(i)
The time, date and location of the hearing;
(ii)
The purpose of the
hearing;
(iii)
The name and address of the applicant and the location where the facility is,
or is proposed to be located;
(iv)
The tentative recommendation of
the Division;
(v)
The location(s) where copies of the application, the Division's recommendations
and all supporting documentation can be reviewed by the
public;
(vi)
Procedures for submitting public comments into the hearing
record.
(9)
The public hearing required under subparagraph (8) above shall be in
the area where the facility is or is proposed to be located. A record of
hearing shall be made and retained as part of the administrative record of each
application for review by the Commission.
(i)
In addition to the requirement
of Section 265.119, a permittee shall submit to the Division, as part of the
annual permit review process, a plat of any landfill disposal area in which
waste has been deposited. Such plat shall clearly delineate the location of all
wastes and its type, referenced to established benchmarks.
(j)
Upon receipt of federal
Hazardous and Solid Waste Act ("HSWA") authorization for the Arkansas Division
of Environmental Quality's Hazardous Waste Management Program, the Division
shall be authorized to and shall enforce the HSWA provisions imposed by the
Environmental Protection Agency in hazardous waste permits that were issued
before the HSWA authorization was granted. DEQ, jointly with EPA, will notify
permitted facilities in writing of the specific provisions which will become
the state agency's responsibility as a result of the additional authorization
and of the effective date of the changeover. This notification will serve as an
addendum to the permit. Permits pending at the time of authorization will be
modified to properly identify specific provisions for which the Division has
primary responsibility.
Subsection B
-- Permit
Applications
§ 270.10
General application requirements
(a)
Applying for a permit. Below is information on how to obtain a permit and where
to find requirements for specific permits:
(1)
If you are covered by RCRA permits by rule (§ 270.60), you need not
apply.
(2) If you currently have
interim status, you must apply for permits when required by the
Director.
(3) If you are required
to have a permit (including new applicants and permittees with expiring
permits), you must complete, sign, and submit an application to the Director,
as described in this section and §§ 270.70 through 270.73.
(4) If you are seeking an emergency permit,
the procedures for application, issuance, and administration are found
exclusively in § 270.61.
(5)
If you are seeking a research, development, and demonstration permit, the
procedures for application, issuance, and administration are found exclusively
in § 270.65.
(6) If you are
seeking a standardized permit, the procedures for application and issuance are
found in 40 CFR Part 124, subsection G, Rule No. 8, and Subsection J of this
Section.
(b) Who applies?
When a facility or activity is owned by one person but is operated by another
person, it is the operator's duty to obtain a permit, except that the owner
must also sign the permit application.
(c) Completeness. The Director shall not
issue a permit before receiving a complete application for a permit except for
permits by rule, or emergency permits. An application for a permit is complete
when the Director receives an application form and any supplemental information
which are completed to his satisfaction. An application for a permit is
complete notwithstanding the failure of the owner or operator to submit the
exposure information described in paragraph (j) of this section. The Director
may deny a permit for the active life of a hazardous waste management facility
or unit before receiving a complete application for a permit.
(d) Information requirements. All applicants
for HWM permits shall provide information set forth in § 270.13 and
applicable sections in §§ 270.14 through 270.29 to the Director,
using the application form provided by the Director.
(e)
Existing
Facilities:
(1) Facilities in
existence on March 14, 1979, which are required to have a
permit under the Act may continue in operation until such time as a permit is
issued or denied under this Chapter and Rule, provided that the owner or
operator of such facility made application to the Division on the initial state
application form on or before September 14, 1979; and provided
that such facilities also comply with the other provisions of this Section and
the provisions of § 270.10 and 270.71-73.
(Editor's Note: This is a more stringent State requirement of the Arkansas Hazardous Waste Management Act (§ 8-7-216(b)). Whereas the federal regulations allow a facility to qualify for interim status by submitting a Part A application by November 19, 1980, Arkansas facilities must have applied on or prior to September 14, 1979 in order to have qualified for interim status under the RCRA regulations.)
(2)
Owners and operators of
hazardous waste management facilities, in existence as of the effective date of
provisions adopted in this Rule which first subject them to compliance with the
standards of this Rule and 40 CFR 265, must submit Part A of their permit
application to the Division no later than (i) six months after the date of
publication of regulations in this Rule which first require them to comply with
the standards set forth in this Rule and 40 CFR Part 265, or (ii) thirty days
after the date they first become subject to the standards set forth in this
Rule and 40 CFR Part 265, whichever first occurs.
(3)
The Director may extend the date
by which owners and operators of specific classes of existing hazardous waste
management facilities must submit their initial state application and/or Part A
of their permit application if he finds that 1) there has been substantial
confusion as to whether the owners and operators of such facilities were
required to file a permit application; and 2) such confusion is attributed to
ambiguities in 40 CFR Parts 260, 261 or 265.
(4)
The Director may by
Administrative Order issued under the Act, this Rule, and Rule No. 8, extend
the date by which the owner or operator of an existing hazardous waste
management facility must submit the initial state application and/or Part A of
their permit application.
(5)
The Director may require
submission of Part B from any facility at any time. Any owner or operator shall
be allowed at least six months from the date of request to submit Part B of the
application. Any owner or operator of an existing hazardous waste management
facility may voluntarily submit Part B of the application at any
time.
(6)
Failure
to furnish a requested Part B application on time, or to furnish in full the
information required by the Part B application, is grounds for termination of
interim status.
(7)
Any person who owns or operates an existing hazardous waste management
facility shall have interim status and shall be treated as having been issued a
permit to the extent he or she has complied with the requirements of Arkansas
Code, Annotated, §
8-7-218, as amended, § 264.18(f), paragraphs
(1)-(5) above, and RCRA § 3010.
(8)
If the Division determines that
a Part A application is deficient, it may notify the owner or operator that he
or she is not entitled to interim status. The owner or operator shall then be
subject to enforcement for operating without a permit.
(9)
Nothing in this Section shall be
construed to allow commercial hazardous waste landfill facilities to store,
treat, bury, dispose, or otherwise process hazardous waste without first
obtaining a permit from the Division under this chapter and Rule.
(f)
New
HWM facilities.
(1) Except as
provided in paragraph (f)(3) of this section, no person shall begin physical
construction of a new HWM facility without having submitted Parts A and B of
the permit application and having received a finally effective HWM
permit.
(2) An application for a
permit for a new hazardous waste management facility (including both Parts A
and B) may be filed any time after promulgation of those standards in Section
264, subsection I et seq. applicable to such facility. The
application shall be filed with the Regional Administrator if at the time of
application the State in which the new hazardous waste management facility is
proposed to be located has not received interim or final authorization for
permitting such facility; otherwise it shall be filed with the State Director.
Except as provided in paragraph (f)(3) of this section, all applications must
be submitted at least 180 days before physical construction is expected to
commence.
(3) Notwithstanding
paragraph (f)(1) of this section, a person may construct a facility for the
incineration of polychlorinated biphenyls pursuant to an approval issued by the
EPA Administrator under section (6)(e) of the federal Toxic Substances Control
Act and any person owning or operating such a facility may, at any time after
construction or operation of such facility has begun, file an application for
an HWM permit to incinerate hazardous waste authorizing such facility to
incinerate waste identified or listed under A.C.A. §§
8-7-201
et seq.
(g) Updating permit applications.
(1) If any owner or operator of a hazardous
waste management facility has filed Part A of a permit application and has not
yet filed part B, the owner or operator shall file an amended part A
application:
(i) With the Regional
Administrator if the facility is located in a State which has not obtained
interim authorization or final authorization, within six months after the
promulgation of revised rules under Section 261 listing or identifying
additional hazardous wastes, if the facility is treating, storing or disposing
of any of those newly listed or identified wastes.
(ii) With the State Director, if the facility
is located in a State which has obtained interim authorization or final
authorization, no later than the effective date of regulatory provisions
listing or designating wastes as hazardous in that State in addition to those
listed or designated under the previously approved State program, if the
facility is treating, storing or disposing of any of those newly listed or
designated wastes; or
(iii) As
necessary to comply with provisions of §. 270.72 for changes during
interim status or with the analogous provisions of a State program approved for
final authorization or interim authorization. Revised Part A applications
necessary to comply with the provisions of Sec. 270.72 shall be filed with the
Regional Administrator if the State in which the facility in question is
located does not have interim authorization or final authorization; otherwise
it shall be filed with the State Director (if the State has an analogous
provision).
(2) The owner
or operator of a facility who fails to comply with the updating requirements of
paragraph (g)(1) of this section does not receive interim status as to the
wastes not covered by duly filed Part A applications.
(h) Reapplying for a permit. If you have an
effective permit and you want to reapply for a new one, you have two options:
(1) You may submit a new application at least
180 days before the expiration date of the effective permit, unless the
Director allows a later date; or
(2) If you intend to be covered by a
standardized permit, you may submit a Notice of Intent as described in §
270.51(e)(1) at least 180 days before the expiration date of the effective
permit, unless the Director allows a later date. The Director may not allow you
to submit applications or Notices of Intent later than the expiration date of
the existing permit, except as allowed by § 270.51(e)(2).
(i) Recordkeeping. Applicants
shall keep records of all data used to complete permit applications and any
supplemental information submitted under §§ 270.10(d), 270.13, 270.14
through 270.21 for a period of at least 3 years from the date the application
is signed.
(j) Exposure
information.
(1) After August 8, 1985, any
Part B permit application submitted by an owner or operator of a facility that
stores, treats, or disposes of hazardous waste in a surface impoundment or a
landfill must be accompanied by information, reasonably ascertainable by the
owner or operator, on the potential for the public to be exposed to hazardous
wastes or hazardous constituents through releases related to the unit. At a
minimum, such information must address:
(i)
Reasonably foreseeable potential releases from both normal operations and
accidents at the unit, including releases associated with transportation to or
from the unit;
(ii) The potential
pathways of human exposure to hazardous wastes or constituents resulting from
the releases described under paragraph (j)(1)(i) of this section; and
(iii) The potential magnitude and nature of
the human exposure resulting from such releases.
(2) By August 8, 1985, owners and operators
of a landfill or a surface impoundment who have already submitted a Part B
application must submit the exposure information required in paragraph (j)(1)
of this section.
(k) The
Director may require a permittee or an applicant to submit information in order
to establish permit conditions under §§ 270.32(b)(2) and 270.50(d) of
this rule.
(l)
Disclosure
Requirements.
(1)
Pursuant
to the provisions of Ark. Code Ann. §
8-1-106, all applicants for a RCRA
treatment, storage, or disposal permit for a noncommercial hazardous waste
management facility, transfer of any permit, or any other permit, license,
certification, or operating authority shall submit a disclosure statement with
their application. The submission of a disclosure statement is mandatory; no
application can be considered complete without it. Deliberate falsification or
omission of relevant inform-ation from a disclosure statement shall be grounds
for civil or criminal enforcement action or the administrative denial of a
permit, license, certification, or operational authorization. The disclosure
statement shall be an original, written statement by the applicant which
contains:
(i)
The full name,
business address, and social security number of the applicant and all
affiliated persons;
(ii)
The full name and business address of any legal entity in which the
applicant holds a debt or equity interest of five percent (5%) or more, or
which is a parent company or subsidiary of the applicant, and a description of
the ongoing organizational relationships as they may impact the applicant's
operations in Arkansas;
(iii)
A description of the
experience and credentials of the applicant, including any past or present
permits, licenses, certifications, or operational authorizations relating to
environmental regulation;
(iv)
A listing and explanation of
any civil or criminal enforcement actions by governmental agencies involving
environmental protection laws against the applicant or any affiliated person
within the ten years immediately preceding the filing of the application, to
include administrative enforcement actions or consent orders resulting in the
imposition of sanctions, permit or license revocations or denials issued by any
state or federal authority, any actions that have resulted in a finding or a
settlement of a violation, and any similar action pending;
(v)
A listing of any federal
environmental agency and any other environmental enforcement agency that has or
has had regulatory responsibility over the applicant; and
(vi)
Any other additional
information the Director may require which relates to the competency,
reliability, or responsibility of the applicant and any affiliated
person.
(2)
If the applicant is a publicly held company required to file periodic
reports under the Securities and Exchange Act of 1934, or a wholly-owned
subsidiary of a publicly-held company, he may submit, in lieu of a disclosure
statement, a copy of the most recent annual and quarterly reports required by
the Securities and Exchange Commission
1. The applicant shall also submit any
other information required by the Director which relates to the competency,
reliability, or responsibility of the applicant and any affiliated
person.
(3)
Governmental entities consisting only of subdivisions or agencies of the
federal government, agencies of the state government, counties, municipalities,
or duly authorized regional solid waste authorities as defined at Ark. Code
Ann. §
8-6-707 are not required to file a disclosure statement under the
provisions of this section.
(4)
In addition to the requirements
of Section 270.14 of this rule, a change of the ultimate controlling authority
from one ultimate controlling person to another is deemed a transfer of permit
subject to the prior approval of the Division. An application requesting such
approval must contain at least the following information:
(i)
A description of the nature,
source and amount of funds or other considerations to be used in affecting the
merger or other acquisitions of control;
(ii)
The number and percentage or
shares of the voting securities which the acquiring person plans to acquire and
the terms of the offer, request, invitation, agreement or acquisition;
and
(iii)
All
information required under paragraphs (1) or (m) of this Subsection concerning
the acquiring person.
(m)
Ownership Disclosure for
Commercial Waste Facilities
(1)
The following information shall be submitted along with Part A of any
permit application for a commercial hazardous waste management
facility.
(i)
If the permit
applicant is not an individual, the nature of its business operations shall be
stated for the past five years or for such lesser period as such person and any
predecessors thereof shall have been in existence.
(ii)
A chart or listing clearly
presenting the identities of the interrelationships among the applicant and all
affiliates of the applicant shall be furnished. No affiliate need to be
identified if its total assets are equal to or less than 1/2 of 1% total assets
of the ultimate controlling person affiliated with the applicant. Such a chart
should indicate or list the percentage voting securities of each such person
which is owned or controlled by the applicant or by any other person, if
control of any person is maintained other than basis of such control. As to
each person specified in such chart or listing, indicate the type of
organization (e.g., corporation, trust, partnership) and the state or other
jurisdiction or domicile.
(2)
State the following with respect
to 1) the permit application if he or she is an individual or 2) all
individuals who are directors, executive officers or owners of 10% or more of
the voting securities of the permit applicant if the applicant is not an
individual:
(i)
Name and
business address;
(ii)
Present principal business activity, occupation or employment position
and office held and the name, principal business and address of any corporation
or other organization in which such employment is carried
on;
(iii)
Material occupations, positions, offices or employment during the last five
years, giving the starting and ending dates of each and the name, principal
business and address of any business, corporation, position, office or
employment carried on; and
(iv)
Whether or not such individual
has ever been convicted in a criminal proceeding (excluding minor traffic
violations) during the last 10 years and, if so, giving the date, nature of
conviction, name and location of court, and penalty imposed or other
disposition of the case.
(3)
The following additional
information shall be furnished concerning the ultimate controlling person if
different from the applicant:
(i)
The principal executive office address;
(ii)
The principal business of the
person;
(iii)
The
name and address of any person who holds or owns 10% or more of any class of
voting security, the class of such security, the number of shares held of
record or known to the owned and the percentage of class so held or owned;
and
(iv)
With
respect to directors and executive officers of the ultimate controlling person,
the individual's name and address, his principal occupation and all offices and
positions held during the previous five years and any conviction of crimes
other than minor traffic violations during the past ten
years.
(4)
The permit applicant shall provide a brief description of any
litigation or administrative proceeding of the following types, either pending
or concluded within the preceding year, to which the applicant (and the
ultimate controlling person, if different from the applicant) or any of its
directors or executive officers was a party or of which the property of any
such person is or was the subject; the names of the parties and the court or
agency in which such litigation or proceeding is or was pending shall be
given:
(i)
Administrative or
judicial proceedings of any state or federal agency or authority concerning
environmental violations;
(ii)
Proceedings which may have a
material effect upon the solvency of the ultimate holding company, including,
but not necessarily limited to, bankruptcy and receivership;
and
(iii)
Criminal proceedings.
(5)
The permit applicant shall
disclose on an annual basis any changes in the information requested under this
paragraph ((m)).
(6)
Every person who becomes the owner of 10% or more of any voting
security of a permittee or the ultimate controlling person subsequent to the
issuance of a permit shall report within ten (10) days of becoming such owner
or controlling person the information required under § 270.10(m)(2)
above.
(n) If
the Director concludes, based on one or more of the factors listed in paragraph
(n)(1) of this section that compliance with the standards of 40 CFR part 63,
subpart EEE alone may not be protective of human health or the environment, the
Director shall require the additional information or assessment(s) necessary to
determine whether additional controls are necessary to ensure protection of
human health and the environment. This includes information necessary to
evaluate the potential risk to human health and/or the environment resulting
from both direct and indirect exposure pathways. The Director may also require
a permittee or applicant to provide information necessary to determine whether
such an assessment(s) should be required.
(1)
The Director shall base the evaluation of whether compliance with the standards
of 40 CFR part 63, subpart EEE alone is protective of human health or the
environment on factors relevant to the potential risk from a hazardous waste
combustion unit, including, as appropriate, any of the following factors:
(i) Particular site-specific considerations
such as proximity to receptors (such as schools, hospitals, nursing homes, day
care centers, parks, community activity centers, or other potentially sensitive
receptors), unique dispersion patterns, etc.;
(ii) Identities and quantities of emissions
of persistent, bioaccumulative or toxic pollutants considering enforceable
controls in place to limit those pollutants;
(iii) Identities and quantities of nondioxin
products of incomplete combustion most likely to be emitted and to pose
significant risk based on known toxicities (confirmation of which should be
made through emissions testing);
(iv) Identities and quantities of other
off-site sources of pollutants in proximity of the facility that significantly
influence interpretation of a facility-specific risk assessment;
(v) Presence of significant ecological
considerations, such as the proximity of a particularly sensitive ecological
area;
(vi) Volume and types of
wastes, for example wastes containing highly toxic constituents;
(vii) Other on-site sources of hazardous air
pollutants that significantly influence interpretation of the risk posed by the
operation of the source in question;
(viii) Adequacy of any previously conducted
risk assessment, given any subsequent changes in conditions likely to affect
risk; and
(ix) Such other factors
as may be appropriate.
(2) [Reserved]
§ 270.11
Signatories to permit
applications and reports
(a)
Applications. All permit applications shall be signed as follows:
(1) For a corporation: By a responsible
corporate officer. For the purpose of this section, a responsible corporate
officer means
(i) A president, secretary,
treasurer, or vice-president of the corporation in charge of a principal
business function, or any other person who performs similar policy- or decision
making functions for the corporation, or
(ii) the manager of one or more
manufacturing, production or operating facilities employing more than 250
persons or having gross annual sales or expenditures exceeding $25 million (in
second-quarter 1980 dollars), if authority to sign documents has been assigned
or delegated to the manager in accordance with corporate procedures.
Note: DEQ does not require specific assignments or delegations of authority to responsible corporate officers identified in § 270.11(a)(1)(i). The Division will presume that these responsible corporate officers have the requisite authority to sign permit applications unless the corporation has notified the Director to the contrary. Corporate procedures governing authority to sign permit applications may provide for assignment or delegation to applicable corporate positions under § 270.11(a)(1)(ii) rather than to specific individuals.
(2) For a partnership or sole proprietorship;
by a general partner or the proprietor, respectively; or
(3) For a municipality, State, Federal, or
other public agency: by either a principal executive officer or ranking elected
official. For purposes of this section, a principal executive officer of a
Federal agency includes:
(i) The chief
executive officer of the agency, or
(ii) a senior executive officer having
responsibility for the overall operations of a principal geographic unit of the
agency (e.g., Regional Administrators of EPA).
(b) Reports. All reports required by permits
and other information requested by the Director shall be signed by a person
described in paragraph (a) of this section, or by a duly authorized
representative of that person. A person is a duly authorized representative
only if:
(1) The authorization is made in
writing by a person described in paragraph (a) of this section;
(2) The authorization specifies either an
individual or a position having responsibility for overall operation of the
regulated facility or activity such as the position of plant manager, operator
of a well or a well field, superintendent, or position of equivalent
responsibility. (A duly authorized representative may thus be either a named
individual or any individual occupying a named position); and
(3) The written authorization is submitted to
the Director.
(c) Changes
to authorization. If an authorization under paragraph (b) of this section is no
longer accurate because a different individual or position has responsibility
for the overall operation of the facility, a new authorization satisfying the
requirements of paragraph (b) of this section must be submitted to the Director
prior to or together with any reports, information, or applications to be
signed by an authorized representative.
(d)
(1) Any
person signing a document under paragraph (a) or (b) of this section must make
the following certification:
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision according to a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
(2) For remedial action plans (RAPs) under
subsection H of this section, if the operator certifies according to paragraph
(d)(1) of this section, then the owner may choose to make the following
certification instead of the certification in paragraph (d)(1) of this section:
Based on my knowledge of the conditions of the property described in the RAP
and my inquiry of the person or persons who manage the system referenced in the
operator's certification, or those persons directly responsible for gathering
the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine
and imprisonment for knowing violations.
§ 270.12
Availability of
Information and Protection of Trade and Business Secrets
(a)
Any records, reports, or
information contained under this Rule and any permits, permit applications, and
related documentation shall be available to the public for inspection and
copying. However, upon a satisfactory showing to the Director that such
records, reports, permits, documentation, or information, or any part thereof
would, if made public, divulge methods or processes entitled to protection as
trade secrets, the Director shall consider, treat and protect such records as
confidential.
(b)
It shall be the responsibility of the person claiming any information as
confidential under the provisions of subsection a above to clearly mark each
page containing such information with the words "CONFIDENTIAL" and to submit an
affidavit setting forth the reasons that said person believes that such
information is entitled to protection.
(c)
Any document submitted to the
Division which contains information for which the claim of confidential
information is made shall be submitted in a sealed envelope marked
"CONFIDENTIAL" and addressed to the Director. The document shall be submitted
in two separate parts. The first part shall contain all information which is
not deemed by the person preparing the report as confidential and shall include
appropriate cross references to the second part which contains data, words,
phrases, paragraphs, or pages and appropriate affidavits containing or relating
to information which is claimed to be confidential.
(d)
No information shall be
protected as confidential information by the Director unless it is submitted to
him in accordance with the provisions of subsection (c) above. No information
which is submitted in accordance with the provisions of subsection (c) above
shall be afforded protection as confidential information unless the Director
finds that such protection is necessary to protect trade secrets and that such
protection will not hide from public view the characteristics of waste material
and probable effects of the introduction of such waste or byproducts into the
environment as a result of the operation of a hazardous waste management
facility. The person who submits information claimed as confidential shall
receive written notice from the Director as to whether the information has been
accepted as confidential or not.
(e)
All information which meets the
tests of subsection (d) above shall be marked with the term "ACCEPTED" and
shall be protected as confidential information. Whenever the Director finds
that information which has been submitted as confidential information in
accordance with subsection (c) above does not meet the criteria of subsection
(d) above, he shall promptly notify the person submitting such information of
his findings and shall give that person reasonable opportunity to further
justify his contention that the information deserves protection as a trade
secret or to further limit the scope of information for which the request for
protection is made. If said person fails to satisfactorily demonstrate to the
Director that such information in the form presented to him meets the criteria
of subsection (d) above, the Director shall mark the information "REJECTED" and
promptly return such information to the person submitting such information.
Such person shall have 30 days to resubmit the information in acceptable form
or appeal the decision of the Director.
(f)
All information which is
accepted by the Director as confidential shall be stored in locked filing
cabinets and only those personnel of the Division specifically designated by
the Director shall have access to the information contained therein. The
Director shall not designate any persons to have access to confidential
information unless the person requires such access in order to carry out his
responsibilities and duties. No person shall disclose any confidential
information except in accordance with the provisions of this Section. No copies
shall be made other than for internal Division use or for use or transmittal to
officers and employees of the United States except with the written permission
of the Director and the person submitting the information.
(g)
The person(s) designated by the
Director to maintain confidential files as herein provided shall maintain a log
showing the persons who have had access to the confidential files and the dates
of such access.
(h)
As necessary to carry out the provisions of the Arkansas Hazardous
Waste Management Act, any confidential information acquired by the Division
under the provisions of said act may be transmitted to other offices,
employees, or authorized representatives of the state or United States provided
that the owner or operator of the facility to which such information pertains
is informed of such transmittal and provided that such transmittal is made
under a continuing restriction of confidentiality.
(i)
Nothing contained herein shall
be construed so as to restrict the release of relevant confidential information
during situations declared to be emergencies by the Director or his
designee.
(j)
Claims of confidentiality for the name and address of any permit applicant or
permittee will be denied.
(k)
If a request for any records,
documents or information acquired or maintained by DEQ pursuant to the Arkansas
Hazardous Waste Management Act and/or this Rule is denied by the Director a
notice shall be sent to the requestor stating the basis of the denial and
informing the requestor that:
(1)
He may appeal immediately from such denial to an appropriate Circuit
Court pursuant to the Arkansas Freedom of Information Act;
or,
(2)
He may
request judicial review within thirty (30) days of receipt of the notice by
filing a notice of appeal with the Secretary of the Arkansas Pollution Control
and Ecology Commission and proceeding further pursuant to A.C.A. §
8-4-222.
(l)
If a request for records, documents or information is denied, the
Director will send the notice required by subsection (k) within twenty (20)
days of receipt of the request.
(m)
If the Director fails to produce
requested records, documents or information and fails to send the notice
required by subsection (k), such failure shall constitute final agency action
giving the requestor the right to judicial review under A.C.A. §
8-4-222
in addition to any rights of review under the Arkansas Freedom of Information
Act.
§
270.13
Contents of Part A of the permit application
Part A of the hazardous waste management permit application shall include the following information:
(a) The activities conducted by the applicant
which require it to obtain a permit under RCRA.
(b) Name, mailing address, and location,
including latitude and longitude of the facility for which the application is
submitted.
(c) Up to four SIC codes
which best reflect the principal products or services provided by the
facility.
(d) The operator's name,
address, telephone number, ownership status, and status as Federal, State,
private, public, or other entity.
(e) The name, address, and phone number of
the owner of the facility.
(f)
Whether the facility is located on Indian lands.
(g) An indication of whether the facility is
new or existing and whether it is a first or revised application.
(h) For existing facilities, (1) a scale
drawing of the facility showing the location of all past, present, and future
treatment, storage, and disposal areas; and (2) photographs of the facility
clearly delineating all existing structures; existing treatment, storage, and
disposal areas; and sites of future treatment, storage, and disposal
areas.
(i) A description of the
processes to be used for treating, storing, and disposing of hazardous waste,
and the design capacity of these items.
(j) A specification of the hazardous wastes
listed or designated under Section 261of this rule to be treated, stored, or
disposed of at the facility, an estimate of the quantity of such wastes to be
treated, stored, or disposed annually, and a general description of the
processes to be used for such wastes. For each hazardous waste
described above, the application shall include the name and location of the
generator of the wastes.
(k) A listing of all permits or construction
approvals received or applied for under any of the following programs:
(1) Hazardous Waste Management program under
RCRA.
(2) UIC program under the
SWDA.
(3) NPDES program under the
CWA.
(4) Prevention of Significant
Deterioration (PSD) program under the Clean Air Act.
(5) Nonattainment program under the Clean Air
Act.
(6) National Emission
Standards for Hazardous Pollutants (NESHAPS) preconstruction approval under the
Clean Air Act.
(7) Ocean dumping
permits under the Marine Protection Research and Sanctuaries Act.
(8) Dredge or fill permits under section 404
of the CWA.
(9) Other relevant
environmental permits, including State permits.
(l) A topographic map (or other map if a
topographic map is unavailable) extending one mile beyond the property
boundaries of the source, depicting the facility and each of its intake and
discharge structures; each of its hazardous waste treatment, storage, or
disposal facilities; each well where fluids from the facility are injected
underground; and those wells, springs, other surface water bodies, and drinking
water wells listed in public records or otherwise known to the applicant within
1/4 mile of the facility property boundary.
(m) A brief description of the nature of the
business.
(n) For hazardous debris,
a description of the debris category(ies) and contaminant category(ies) to be
treated, stored, or disposed of at the facility.
(o)
Disclosure information as
required by § 270.10(l) of this section.
(p)
For hazardous waste landfills,
evidence of such forms of assurance including full fee ownership of lands and
all mineral rights thereto, to ensure that the owner of the landfill for which
application is made has the legal authority to commit lands used for the
landfill to perpetual security and that said owner has made such legally
binding arrangements as necessary to protect the integrity of the surface and
subsurface area of the landfill in perpetuity.
§ 270.14
Contents of Part B:
General requirements
(a) Part B of the
permit application consists of the general information requirements of this
section, and the specific information requirements in §§ 270.14
through 270.29 applicable to the facility. The Part B information requirements
presented in §§ 270.14 through 270.29 reflect the standards
promulgated in 40 CFR part 264 and Section 264 . These information requirements
are necessary in order for DEQ to determine compliance with the Section 264 and
40 CFR Part 264 standards. If owners and operators of HWM facilities can
demonstrate that the information prescribed in Part B can not be provided to
the extent required, the Director may make allowance for submission of such
information on a case-by-case basis. Information required in Part B shall be
submitted to the Director and signed in accordance with requirements in §
270.11. Certain technical data, such as design drawings and specifications, and
engineering studies shall be certified by an independent qualified
Arkansas- registered professional engineer. For post-closure permits,
only the information specified in § 270.28 is required in Part B of the
permit application.
(b) General
information requirements. The following information is required for all HWM
facilities, except as § 264.1 provides otherwise:
(1) A general description of the
facility.
(2) Chemical and physical
analyses of the hazardous waste and hazardous debris to be handled at the
facility. At a minimum, these analyses shall contain all the information which
must be known to treat, store, or dispose of the wastes properly in accordance
with Section 264.
(3) A copy of the
waste analysis plan required by § 264.13(b) and, if applicable §
264.13(c).
(4) A description of the
security procedures and equipment required by § 264.14, or a justification
demonstrating the reasons for requesting a waiver of this
requirement.
(5) A copy of the
general inspection schedule required by § 264.15(b) of this section.
Include where applicable, as part of the inspection schedule, specific
requirements in §§ 264.174, 264.193(i), 264.195, 264.226, 264.254,
264.273, 264.303, 264.602, 264.1033, 264.1052, 264.1053, 264.1058, 264.1084,
264.1085, 264.1086, 264.1088, and 264.1101 of this section.
(6) A justification of any request for a
waiver(s) of the preparedness and prevention requirements of Section 264,
Subsection C.
(7) A copy of the
contingency plan required by Section 264, Subsection D. Note: Include, where
applicable, as part of the contingency plan, specific requirements in
§§ 264.227, 264.255, and 264.200, and evidence that this plan
has been developed in consultation with the fire division having jurisdiction
and by the Mayor or City Manager of the municipality or by the County Judge of
the county in which the facility is to be located.
(8) A description of procedures, structures,
or equipment used at the facility to:
(i)
Prevent hazards in unloading operations (for example, ramps, special
forklifts);
(ii) Prevent runoff
from hazardous waste handling areas to other areas of the facility or
environment, or to prevent flooding (for example, berms, dikes,
trenches);
(iii) Prevent
contamination of water supplies;
(iv) Mitigate effects of equipment failure
and power outages;
(v) Prevent
undue exposure of personnel to hazardous waste (for example, protective
clothing); and
(vi) Prevent
releases to atmosphere.
(9) A description of precautions to prevent
accidental ignition or reaction of ignitable, reactive, or incompatible wastes
as required to demonstrate compliance with § 264.17 including
documentation demonstrating compliance with § 264.17(c).
(10) Traffic pattern, estimated volume
(number, types of vehicles) and control (for example, show turns across traffic
lanes, and stacking lanes (if appropriate); describe access road surfacing and
load bearing capacity; show traffic control signals).
(11) Facility location information;
(i) In order to determine the applicability
of the seismic standard [§ 264.18(a)] the owner or operator of a new
facility must identify the political jurisdiction (e.g., county, township, or
election district) in which the facility is proposed to be located.
[Comment: If the county or election district is not listed in appendix VI of Section 264, no further information is required to demonstrate compliance with § 264.18(a).]
(ii) If the facility is proposed to be
located in an area listed in appendix VI of Section 264, the owner or operator
shall demonstrate compliance with the seismic standard. This demonstration may
be made using either published geologic data or data obtained from field
investigations carried out by the applicant. The information provided must be
of such quality to be acceptable to geologists experienced in identifying and
evaluating seismic activity. The information submitted must show that either:
(A) No faults which have had displacement in
Holocene time are present, or no lineations which suggest the presence of a
fault (which have displacement in Holocene time) within 3,000 feet of a
facility are present, based on data from:
(1)
Published geologic studies,
(2)
Aerial reconnaissance of the area within a five-mile radius from the
facility.
(3) An analysis of aerial
photographs covering a 3,000 foot radius of the facility, and
(4) If needed to clarify the above data, a
reconnaissance based on walking portions of the area within 3,000 feet of the
facility, or
(B) If
faults (to include lineations) which have had displacement in Holocene time are
present within 3,000 feet of a facility, no faults pass within 200 feet of the
portions of the facility where treatment, storage, or disposal of hazardous
waste will be conducted, based on data from a comprehensive geologic analysis
of the site. Unless a site analysis is otherwise conclusive concerning the
absence of faults within 200 feet of such portions of the facility data shall
be obtained from a subsurface exploration (trenching) of the area within a
distance no less than 200 feet from portions of the facility where treatment,
storage, or disposal of hazardous waste will be conducted. Such trenching shall
be performed in a direction that is perpendicular to known faults (which have
had displacement in Holocene time) passing within 3,000 feet of the portions of
the facility where treatment, storage, or disposal of hazardous waste will be
conducted. Such investigation shall document with supporting maps and other
analyses, the location of faults found.
[Comment: EPA's "The Guidance Manual for the Location Standards" provides greater detail on the content of each type of seismic investigation and the appropriate conditions under which each approach or a combination of approaches would be used.]
(iii) Owners and operators of all facilities
shall provide an identification of whether the facility is located within a
100-year floodplain. This identification must indicate the source of data for
such determination and include a copy of the relevant Federal Insurance
Administration (FIA) flood map, if used, or the calculations and maps used
where an FIA map is not available. Information shall also be provided
identifying the 100-year flood level and any other special flooding factors
(e.g., wave action) which must be considered in designing, constructing,
operating, or maintaining the facility to withstand washout from a 100-year
flood.
[Comment: Where maps for the National Flood Insurance Program produced by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency are available, they will normally be determinative of whether a facility is located within or outside of the 100-year floodplain. However, where the FIA map excludes an area (usually areas of the floodplain less than 200 feet in width), these areas must be considered and a determination made as to whether they are in the 100-year floodplain. Where FIA maps are not available for a proposed facility location, the owner or operator must use equivalent mapping techniques to determine whether the facility is within the 100-year floodplain, and if so located, what the 100-year flood elevation would be.]
(iv) Owners and
operators of facilities located in the 100-year floodplain must provide the
following information:
(A) Engineering
analysis to indicate the various hydrodynamic and hydrostatic forces expected
to result at the site as consequence of a 100-year flood.
(B) Structural or other engineering studies
showing the design of operational units (e.g., tanks, incinerators) and flood
protection devices (e.g., floodwalls, dikes) at the facility and how these will
prevent washout.
(C) If applicable,
and in lieu of paragraphs (b)(11)(iv) (A) and (B) of this section, a detailed
description of procedures to be followed to remove hazardous waste to safety
before the facility is flooded, including:
(1)
Timing of such movement relative to flood levels, including estimated time to
move the waste, to show that such movement can be completed before floodwaters
reach the facility.
(2) A
description of the location(s) to which the waste will be moved and
demonstration that those facilities will be eligible to receive hazardous waste
in accordance with the regulations under Sections 270 and 264 through 266 of
this rule.
(3) The planned
procedures, equipment, and personnel to be used and the means to ensure that
such resources will be available in time for use.
(4) The potential for accidental discharges
of the waste during movement. (v) Existing facilities NOT in compliance with
§ 264.18(b) shall provide a plan showing how the facility will be brought
into compliance and a schedule for compliance.
(12) An
outline of both the introductory and continuing training programs by owners or
operators to prepare persons to operate or maintain the HWM facility in a safe
manner as required to demonstrate compliance with § 264.16. A brief
description of how training will be designed to meet actual job tasks in
accordance with requirements in § 264.16(a)(3).
(13) A copy of the closure plan and, where
applicable, the post-closure plan required by §§ 264.112, 264.118,
and 264.197. Include, where applicable, as part of the plans, specific
requirements in §§ 264.178, 264.197, 264.228, 264.258, 264.280,
264.310, 264.351, 264.601, 264.603, and 264.1102.
(14) For hazardous waste disposal units that
have been closed, documentation that notices required under § 264.119 have
been filed.
(15) The most recent
closure cost estimate for the facility prepared in accordance with §
264.142 and a copy of the documentation required to demonstrate financial
assurance under § 264.143. For a new facility, a copy of the required
documentation may be submitted 60 days prior to the initial receipt of
hazardous wastes, if that is later than the submission of the Part B.
(16) Where applicable, the most recent
post-closure cost estimate for the facility prepared in accordance with §
264.144 plus a copy of the documentation required to demonstrate financial
assurance under § 264.145. For a new facility, a copy of the required
documentation may be submitted 60 days prior to the initial receipt of
hazardous wastes, if that is later than the submission of the Part B.
(17) Where applicable, a copy of the
insurance policy or other documentation which comprises compliance with the
requirements of § 264.147. For a new facility, documentation showing the
amount of insurance meeting the specification of § 264.147(a) and, if
applicable, § 264.147(b), that the owner or operator plans to have in
effect before initial receipt of hazardous waste for treatment, storage, or
disposal. A request for a variance in the amount of required coverage, for a
new or existing facility, may be submitted as specified in §
264.147(c).
(18) Where appropriate,
proof of coverage by a State financial mechanism in compliance with §
264.149 or § 264.150.
(19) A
topographic map showing a distance of 1000 feet around the facility at a scale
of 2.5 centimeters (1 inch) equal to not more than 61.0 meters (200 feet).
Contours must be shown on the map. The contour interval must be sufficient to
clearly show the pattern of surface water flow in the vicinity of and from each
operational unit of the facility. For example, contours with an interval of 1.5
meters (5 feet), if relief is greater than 6.1 meters (20 feet), or an interval
of 0.6 meters (2 feet), if relief is less than 6.1 meters (20 feet). Owners and
operators of HWM facilities located in mountainous areas should use large
contour intervals to adequately show topographic profiles of facilities. The
map shall clearly show the following:
(i) Map
scale and date.
(ii) 100-year
floodplain area.
(iii) Surface
waters including intermittent streams.
(iv) Surrounding land uses (residential,
commercial, agricultural, recreational).
(v) A wind rose (i.e., prevailing wind-speed
and direction).
(vi) Orientation of
the map (north arrow).
(vii) Legal
boundaries of the HWM facility site.
(viii) Access control (fences,
gates).
(ix) Injection and
withdrawal wells both on-site and off-site.
(x) Buildings; treatment, storage, or
disposal operations; or other structure (recreation areas, runoff control
systems, access and internal roads, storm, sanitary, and process sewerage
systems, loading and unloading areas, fire control facilities, etc.)
(xi) Barriers for drainage or flood
control.
(xii) Location of
operational units within the HWM facility site, where hazardous waste is (or
will be) treated, stored, or disposed (include equipment cleanup
areas).
(xiii) Location and
description of all solid waste management units (SWMUs).
Note: For large HWM facilities the Division will allow the use of other scales on a case-by-case basis.
(20) Applicants may be required to submit
such information as may be necessary to enable the Director to carry out his
duties under other State and Federal laws as required in § 270.3 of this
part.
(21) For land disposal
facilities, if a case-by-case extension has been approved under
40 CFR
268.5 or a petition has been approved under
§ 268.6, a copy of the notice of approval for the extension or petition is
required.
(22) A summary of the
pre-application meeting, along with a list of attendees and their addresses,
and copies of any written comments or materials submitted at the meeting, as
required under § 270.9(a)(3).
(23)
A full description of all
laboratory equipment, sampling procedures and analytical procedures which would
be employed to identify, segregate or locate hazardous waste within the
facility.
(c)
Additional information requirements. The following additional information
regarding protection of groundwater is required from owners or operators of
hazardous waste facilities containing a regulated unit except as provided in
§ 264.90(b) of this rule:
(1) A summary
of the ground-water monitoring data obtained during the interim status period
under §§ 265.90 through 265.94, where applicable.
(2) Identification of the uppermost aquifer
and aquifers hydraulically interconnected beneath the facility property,
including ground-water flow direction and rate, and the basis for such
identification (i.e., the information obtained from hydrogeologic
investigations of the facility area).
(3) On the topographic map required under
paragraph (b)(19) of this section, a delineation of the waste management area,
the property boundary, the proposed "point of compliance" as defined under
§ 264.95, the proposed location of ground-water monitoring wells as
required under § 264.97, and, to the extent possible, the information
required in paragraph (c)(2) of this section.
(4) A description of any plume of
contamination that has entered the ground water from a regulated unit at the
time that the application was submitted that:
(i) Delineates the extent of the plume on the
topographic map required under paragraph (b)(19) of this section;
(ii) Identifies the concentration of each
appendix IX, of Section 264 of this rule, constituent throughout the plume or
identifies the maximum concentrations of each appendix IX constituent in the
plume.
(5) Detailed plans
and an engineering report describing the proposed ground water monitoring
program to be implemented to meet the requirements of § 264.97.
(6) If the presence of hazardous constituents
has not been detected in the ground water at the time of permit application,
the owner or operator must submit sufficient information, supporting data, and
analyses to establish a detection monitoring program which meets the
requirements of § 264.98. This submission must address the following items
specified under § 264.98:
(i) A proposed
list of indicator parameters, waste constituents, or reaction products that can
provide a reliable indication of the presence of hazardous constituents in the
ground water;
(ii) A proposed
ground-water monitoring system;
(iii) Background values for each proposed
monitoring parameter or constituent, or procedures to calculate such values;
and
(iv) A description of proposed
sampling, analysis and statistical comparison procedures to be utilized in
evaluating ground-water monitoring data.
(7) If the presence of hazardous constituents
has been detected in the ground water at the point of compliance at the time of
the permit application, the owner or operator must submit sufficient
information, supporting data, and analyses to establish a compliance monitoring
program which meets the requirements of § 264.99. Except as provided in
§ 264.98(h)(5), the owner or operator must also submit an engineering
feasibility plan for a corrective action program necessary to meet the
requirements of § 264.100, unless the owner or operator obtains written
authorization in advance from the Director to submit a proposed permit schedule
for submittal of such a plan. To demonstrate compliance with § 264.99, the
owner or operator must address the following items:
(i) A description of the wastes previously
handled at the facility;
(ii) A
characterization of the contaminated ground water, including concentrations of
hazardous constituents;
(iii) A
list of hazardous constituents for which compliance monitoring will be
undertaken in accordance with §§ 264.97 and 264.99;
(iv) Proposed concentration limits for each
hazardous constituent, based on the criteria set forth in § 264.94(a),
including a justification for establishing any alternate concentration
limits;
(v) Detailed plans and an
engineering report describing the proposed ground-water monitoring system, in
accordance with the requirements of § 264.97; and
(vi) A description of proposed sampling,
analysis and statistical comparison procedures to be utilized in evaluating
ground-water monitoring data.
(8) If hazardous constituents have been
measured in the ground water which exceed the concentration limits established
under § 264.94 Table 1, or if ground water monitoring conducted at the
time of permit application under §§ 265.90 through 265.94 at the
waste boundary indicates the presence of hazardous constituents from the
facility in ground water over background concentrations, the owner or operator
must submit sufficient information, supporting data, and analyses to establish
a corrective action program which meets the requirements of § 264.100.
However, an owner or operator is not required to submit information to
establish a corrective action program if he demonstrates to the Director that
alternate concentration limits will protect human health and the environment
after considering the criteria listed in § 264.94(b). An owner or operator
who is not required to establish a corrective action program for this reason
must instead submit sufficient information to establish a compliance monitoring
program which meets the requirements of § 264.99 and paragraph (c)(6) of
this section. To demonstrate compliance with § 264.100, the owner or
operator must address, at a minimum, the following items:
(i) A characterization of the contaminated
ground water, including concentrations of hazardous constituents;
(ii) The concentration limit for each
hazardous constituent found in the ground water as set forth in §
264.94;
(iii) Detailed plans and an
engineering report describing the corrective action to be taken; and
(iv) A description of how the ground-water
monitoring program will demonstrate the adequacy of the corrective
action.
(v) The permit may contain
a schedule for submittal of the information required in paragraphs (c)(8) (iii)
and (iv) provided the owner or operator obtains written authorization from the
Director prior to submittal of the complete permit application.
(d) Information
requirements for solid waste management units.
(1) The following information is required for
each solid waste management unit at a facility seeking a permit:
(i) The location of the unit on the
topographic map required under paragraph (b)(19) of this section.
(ii) Designation of type of unit.
(iii) General dimensions and structural
description (supply any available drawings).
(iv) When the unit was operated.
(v) Specification of all wastes that have
been managed at the unit, to the extent available.
(2) The owner or operator of any facility
containing one or more solid waste management units must submit all available
information pertaining to any release of hazardous wastes or hazardous
constituents from such unit or units.
(3) The owner/operator must conduct and
provide the results of sampling and analysis of groundwater, land surface, and
subsurface strata, surface water, or air, which may include the installation of
wells, where the Director ascertains it is necessary to complete a RCRA
Facility Assessment that will determine if a more complete investigation is
necessary.
§
270.15
Specific Part B information requirements for
containers
Except as otherwise provided in § 264.170, owners or operators of facilities that store containers of hazardous waste must provide the following additional information:
(a) A description of the containment system
to demonstrate compliance with § 264.175. Show at least the following:
(1) Basic design parameters, dimensions, and
materials of construction.
(2) How
the design promotes drainage or how containers are kept from contact with
standing liquids in the containment system.
(3) Capacity of the containment system
relative to the number and volume of containers to be stored.
(4) Provisions for preventing or managing
run-on.
(5) How accumulated liquids
can be analyzed and removed to prevent overflow.
(b) For storage areas that store containers
holding wastes that do not contain free liquids, a demonstration of compliance
with § 264.175(c), including:
(1) Test
procedures and results or other documentation or information to show that the
wastes do not contain free liquids; and
(2) A description of how the storage area is
designed or operated to drain and remove liquids or how containers are kept
from contact with standing liquids.
(c) Sketches, drawings, or data demonstrating
compliance with § 264.176 (location of buffer zone and containers holding
ignitable or reactive wastes) and § 264.177(c) (location of incompatible
wastes), where applicable.
(d)
Where incompatible wastes are stored or otherwise managed in containers, a
description of the procedures used to ensure compliance with §§
264.177 (a) and (b), and 264.17 (b) and (c).
(e) Information on air emission control
equipment as required in § 270.27.
§ 270.16
Specific Part B
information requirements for tank systems
Except as otherwise provided in § 264.190, owners and operators of facilities that use tanks to store or treat hazardous waste must provide the following additional information:
(a) A written assessment that is reviewed and
certified by an independent, qualified, Arkansas-registered
professional engineer as to the structural integrity and suitability
for handling hazardous waste of each tank system, as required under
§§ 264.191 and 264.192;
(b) Dimensions and capacity of each
tank;
(c) Description of feed
systems, safety cutoff, bypass systems, and pressure controls (e.g.,
vents);
(d) A diagram of piping,
instrumentation, and process flow for each tank system;
(e) A description of materials and equipment
used to provide external corrosion protection, as required under §
264.192(a)(3)(ii);
(f) For new tank
systems, a detailed description of how the tank system(s) will be installed in
compliance with § 264.192 (b), (c), (d), and (e);
(g) Detailed plans and description of how the
secondary containment system for each tank system is or will be designed,
constructed, and operated to meet the requirements of § 264.193 (a), (b),
(c), (d), (e), and (f);
(h) For
tank systems for which a variance from the requirements of § 264.193 is
sought (as provided by §§ 264.193(g)):
(1) Detailed plans and engineering and
hydrogeologic reports, as appropriate, describing alternate design and
operating practices that will, in conjunction with location aspects, prevent
the migration of any hazardous waste or hazardous constituents into the ground
water or surface water during the life of the facility, or
(2) A detailed assessment of the substantial
present or potential hazards posed to human health or the environment should a
release enter the environment.
(i) Description of controls and practices to
prevent spills and overflows, as required under § 264.194(b);
and
(j) For tank systems in which
ignitable, reactive, or incompatible wastes are to be stored or treated, a
description of how operating procedures and tank system and facility design
will achieve compliance with the requirements of §§ 264.198 and
264.199.
(k) Information on air
emission control equipment as required in § 270.27.
§ 270.17
Specific Part B
information requirements for surface impoundments
Except as otherwise provided in § 264.1, owners and operators of facilities that store, treat or dispose of hazardous waste in surface impoundments must provide the following additional information:
(a) A list of the hazardous wastes placed or
to be placed in each surface impoundment;
(b) Detailed plans and an engineering report
describing how the surface impoundment is designed and is or will be
constructed, operated, and maintained to meet the requirements of §§
264.19, 264.221, 264.222, and 264.223 of this rule, addressing the following
items:
(1) The liner system (except for an
existing portion of a surface impoundment). If an exemption from the
requirement for a liner is sought as provided by § 264.221(b), submit
detailed plans and engineering and hydrogeologic reports, as appropriate,
describing alternate design and operating practices that will, in conjunction
with location aspects, prevent the migration of any hazardous constituents into
the ground water or surface water at any future time;
(2) The double liner and leak (leachate)
detection, collection, and removal system, if the surface impoundment must meet
the requirements of § 264.221(c) of this rule. If an exemption from the
requirements for double liners and a leak detection, collection, and removal
system or alternative design is sought as provided by § 264.221(d), (e),
or (f) of this rule, submit appropriate information;
(3) If the leak detection system is located
in a saturated zone, submit detailed plans and an engineering report explaining
the leak detection system design and operation, and the location of the
saturated zone in relation to the leak detection system;
(4) The construction quality assurance (CQA)
plan if required under § 264.19 of this rule;
(5) Proposed action leakage rate, with
rationale, if required under § 264.222 of this rule, and response action
plan, if required under § 264.223 of this rule;
(6) Prevention of overtopping; and
(7) Structural integrity of dikes;
(c) A description of how each
surface impoundment, including the double liner system, leak detection system,
cover system, and appurtenances for control of overtopping, will be inspected
in order to meet the requirements of § 264.226(a), (b), and (d) of this
rule. This information must be included in the inspection plan submitted under
§ 270.14(b)(5);
(d) A
certification by a qualified engineer which attests to the structural integrity
of each dike, as required under § 264.226(c). For new units, the owner or
operator must submit a statement by a qualified engineer that he will provide
such a certification upon completion of construction in accordance with the
plans and specifications;
(e) A
description of the procedure to be used for removing a surface impoundment from
service, as required under § 264.227(b) and (c). This information should
be included in the contingency plan submitted under §
270.14(b)(7);
(f) A description of
how hazardous waste residues and contaminated materials will be removed from
the unit at closure, as required under § 264.228(a)(1). For any wastes not
to be removed from the unit upon closure, the owner or operator must submit
detailed plans and an engineering report describing how § 264.228(a)(2)
and (b) will be complied with. This information should be included in the
closure plan and, where applicable, the post-closure plan submitted under
§ 270.14(b)(13);
(g) If
ignitable or reactive wastes are to be placed in a surface impoundment, an
explanation of how § 264.229 will be complied with;
(h) If incompatible wastes, or incompatible
wastes and materials will be placed in a surface impoundment, an explanation of
how § 264.230 will be complied with.
(i) A waste management plan for EPA Hazardous
Waste Nos. FO20, FO21, FO22, FO23, FO26, and FO27 describing how the surface
impoundment is or will be designed, constructed, operated, and maintained to
meet the requirements of § 264.231. This submission must address the
following items as specified in § 264.231:
(1) The volume, physical, and chemical
characteristics of the wastes, including their potential to migrate through
soil or to volatilize or escape into the atmosphere;
(2) The attenuative properties of underlying
and surrounding soils or other materials;
(3) The mobilizing properties of other
materials co-disposed with these wastes; and
(4) The effectiveness of additional
treatment, design, or monitoring techniques.
(j) Information on air emission control
equipment as required in § 270.27.
§ 270.18
Specific Part B
information requirements for waste piles
Except as otherwise provided in § 264.1, owners and operators of facilities that store or treat hazardous waste in waste piles must provide the following additional information:
(a) A list of hazardous wastes placed or to
be placed in each waste pile;
(b)
If an exemption is sought to § 264.251 and Subsection F of Section 264 as
provided by § 264.250(c) or § 264.90(b)(2), an explanation of how the
standards of § 264.250(c) will be complied with or detailed plans and an
engineering report describing how the requirements of § 264.90(b)(2) will
be met.
(c) Detailed plans and an
engineering report describing how the waste pile is designed and is or will be
constructed, operated, and maintained to meet the requirements of §§
264.19, 264.251, 264.252, and 264.253 of this rule, addressing the following
items:
(1)
(i) The liner system (except for an existing
portion of a waste pile), if the waste pile must meet the requirements of
§ 264.251(a) of this rule. If an exemption from the requirement for a
liner is sought as provided by § 264.251(b) of this rule, submit detailed
plans, and engineering and hydrogeological reports, as appropriate, describing
alternate designs and operating practices that will, in conjunction with
location aspects, prevent the migration of any hazardous constituents into the
ground water or surface water at any future time;
(ii) The double liner and leak (leachate)
detection, collection, and removal system, if the waste pile must meet the
requirements of § 264.251(c) of this rule. If an exemption from the
requirements for double liners and a leak detection, collection, and removal
system or alternative design is sought as provided by § 264.251(d), (e),
or (f) of this rule, submit appropriate information;
(iii) If the leak detection system is located
in a saturated zone, submit detailed plans and an engineering report explaining
the leak detection system design and operation, and the location of the
saturated zone in relation to the leak detection system;
(iv) The construction quality assurance (CQA)
plan if required under § 264.19 of this rule;
(v) Proposed action leakage rate, with
rationale, if required under § 264.252 of this rule, and response action
plan, if required under § 264.253 of this rule;
(2) Control of run-on;
(3) Control of run-off;
(4) Management of collection and holding
units associated with run-on and run-off control systems; and
(5) Control of wind dispersal of particulate
matter, where applicable;
(d) A description of how each waste pile,
including the double liner system, leachate collection and removal system, leak
detection system, cover system, and appurtenances for control of run-on and
run-off, will be inspected in order to meet the requirements of §
264.254(a), (b), and (c) of this rule. This information must be included in the
inspection plan submitted under § 270.14(b)(5);
(e) If treatment is carried out on or in the
pile, details of the process and equipment used, and the nature and quality of
the residuals;
(f) If ignitable or
reactive wastes are to be placed in a waste pile, an explanation of how the
requirements of § 264.256 will be complied with;
(g) If incompatible wastes, or incompatible
wastes and materials will be placed in a waste pile, an explanation of how
§ 264.257 will be complied with;
(h) A description of how hazardous waste
residues and contaminated materials will be removed from the waste pile at
closure, as required under § 264.258(a). For any waste not to be removed
from the waste pile upon closure, the owner or operator must submit detailed
plans and an engineering report describing how § 264.310 (a) and (b) will
be complied with. This information should be included in the closure plan and,
where applicable, the post-closure plan submitted under §
270.14(b)(13).
(i) A waste
management plan for EPA Hazardous Waste Nos. FO20, FO21, FO22, FO23, FO26, and
FO27 describing how a waste pile that is not enclosed (as defined in §
264.250(c)) is or will be designed, constructed, operated, and maintained to
meet the requirements of § 264.259. This submission must address the
following items as specified in § 264.259:
(1) The volume, physical, and chemical
characteristics of the wastes to be disposed in the waste pile, including their
potential to migrate through soil or to volatilize or escape into the
atmosphere;
(2) The attenuative
properties of underlying and surrounding soils or other materials;
(3) The mobilizing properties of other
materials co-disposed with these wastes; and
(4) The effectiveness of additional
treatment, design, or monitoring techniques.
§ 270.19
Specific Part B
information requirements for incinerators
Except as § 264.340 of this rule and § 270.19(e) provide otherwise, owners and operators of facilities that incinerate hazardous waste must fulfill the requirements of (a), (b), or (c) of this section.
(a) When seeking an exemption under §
264.340 (b) or (c) of this rule (ignitable, corrosive, or reactive wastes
only):
(1) Documentation that the waste is
listed as a hazardous waste in Section 261, Subsection D of this rule, solely
because it is ignitable (Hazard Code I) or corrosive (Hazard Code C) or both;
or
(2) Documentation that the waste
is listed as a hazardous waste in Section 261, Subsection D of this rule,
solely because it is reactive (Hazard Code R) for characteristics other than
those listed in § 261.23(a) (4) and (5) of this rule, and will not be
burned when other hazardous wastes are present in the combustion zone;
or
(3) Documentation that the waste
is a hazardous waste solely because it possesses the characteristic of
ignitability, corrosivity, or both, as determined by the tests for
characteristics of hazardous waste under Section 261, Subsection C of this
rule; or
(4) Documentation that the
waste is a hazardous waste solely because it possesses the reactivity
characteristics listed in § 261.23(a) (1), (2), (3), (6), (7), or (8) of
this rule, and that it will not be burned when other hazardous wastes are
present in the combustion zone; or
(b) Submit a trial burn plan or the results
of a trial burn, including all required determinations, in accordance with
§ 270.62; or
(c) In lieu of a
trial burn, the applicant may submit the following information:
(1) An analysis of each waste or mixture of
wastes to be burned including:
(i) Heat value
of the waste in the form and composition in which it will be burned.
(ii) Viscosity (if applicable), or
description of physical form of the waste.
(iii) An identification of any hazardous
organic constituents listed in Section 261, appendix VIII, of this rule, which
are present in the waste to be burned, except that the applicant need not
analyze for constituents listed in Section 261, appendix VIII, of this rule
which would reasonably not be expected to be found in the waste. The
constituents excluded from analysis must be identified and the basis for their
exclusion stated. The waste analysis must rely on appropriate analytical
techniques.
(iv) An approximate
quantification of the hazardous constituents identified in the waste, within
the precision produced by the analytical methods specified in "Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as
incorporated by reference in § 260.11 of this rule and §
270.6.
(v) A quantification of
those hazardous constituents in the waste which may be designated as POHC's
based on data submitted from other trial or operational burns which demonstrate
compliance with the performance standards in § 264.343 of this
rule.
(2) A detailed
engineering description of the incinerator, including:
(i) Manufacturer's name and model number of
incinerator.
(ii) Type of
incinerator.
(iii) Linear dimension
of incinerator unit including cross sectional area of combustion
chamber.
(iv) Description of
auxiliary fuel system (type/feed).
(v) Capacity of prime mover.
(vi) Description of automatic waste feed
cutoff system(s).
(vii) Stack gas
monitoring and pollution control monitoring system.
(viii) Nozzle and burner design.
(ix) Construction materials.
(x) Location and description of temperature,
pressure, and flow indicating devices and control devices.
(3) A description and analysis of the waste
to be burned compared with the waste for which data from operational or trial
burns are provided to support the contention that a trial burn is not needed.
The data should include those items listed in paragraph (c)(1) of this section.
This analysis should specify the POHC's which the applicant has identified in
the waste for which a permit is sought, and any differences from the POHC's in
the waste for which burn data are provided.
(4) The design and operating conditions of
the incinerator unit to be used, compared with that for which comparative burn
data are available.
(5) A
description of the results submitted from any previously conducted trial
burn(s) including:
(i) Sampling and analysis
techniques used to calculate performance standards in § 264.343 of this
rule,
(ii) Methods and results of
monitoring temperatures, waste feed rates, carbon monoxide, and an appropriate
indicator of combustion gas velocity (including a statement concerning the
precision and accuracy of this measurement),
(6) The expected incinerator operation
information to demonstrate compliance with §§ 264.343 and 264.345 of
this rule including:
(i) Expected carbon
monoxide (CO) level in the stack exhaust gas.
(ii) Waste feed rate.
(iii) Combustion zone temperature.
(iv) Indication of combustion gas
velocity.
(v) Expected stack gas
volume, flow rate, and temperature.
(vi) Computed residence time for waste in the
combustion zone.
(vii) Expected
hydrochloric acid removal efficiency.
(viii) Expected fugitive emissions and their
control procedures.
(ix) Proposed
waste feed cut-off limits based on the identified significant operating
parameters.
(7) Such
supplemental information as the Director finds necessary to achieve the
purposes of this paragraph.
(8)
Waste analysis data, including that submitted in paragraph (c)(1) of this
section, sufficient to allow the Director to specify as permit Principal
Organic Hazardous Constituents (permit POHC's) those constituents for which
destruction and removal efficiencies will be required.
(d) The Director may approve
a permit application without a trial burn if he finds that:
(1) The wastes are sufficiently similar;
and
(2) The incinerator units are
sufficiently similar, and the data from other trial burns are adequate to
specify (under § 264.345 of this rule) operating conditions that will
ensure that the performance standards in § 264.343 of this rule will be
met by the incinerator.
(e) When an owner or operator of a hazardous
waste incineration unit becomes subject to RCRA permit requirements after
October 12, 2005, or when an owner or operator of an existing hazardous waste
incineration unit demonstrates compliance with the air emission standards and
limitations in 40 CFR Part 63, subpart EEE (i.e., by conducting a comprehensive
performance test and submitting a Notification of Compliance under
40 CFR §§
63.1207(j) and §§
63.1210(d)
documenting compliance with all applicable requirements of 40 CFR Part 63,
Subpart EEE), the requirements of this section do not apply, except those
provisions the Director determines are necessary to ensure compliance with
§§ 264.345(a) and 264.345(c) of this rule if you elect to comply with
§ 270.235(a)(1)(i) to minimize emissions of toxic compounds from startup,
shutdown, and malfunction events. Nevertheless, the Director may apply the
provisions of this section, on a case-by-case basis, for purposes of
information collection in accordance with §§ 270.10(n), 270.32(b)(2),
and 270.32(b)(3).
§
270.20
Specific Part B information requirements for land
treatment facilities
Except as otherwise provided in § 264.1, owners and operators of facilities that use land treatment to dispose of hazardous waste must provide the following additional information:
(a) A description of plans to conduct a
treatment demonstration as required under § 264.272. The description must
include the following information;
(1) The
wastes for which the demonstration will be made and the potential hazardous
constituents in the waste;
(2) The
data sources to be used to make the demonstration (e.g., literature, laboratory
data, field data, or operating data);
(3) Any specific laboratory or field test
that will be conducted, including:
(i) The
type of test (e.g., column leaching, degradation);
(ii) Materials and methods, including
analytical procedures;
(iii)
Expected time for completion;
(iv)
Characteristics of the unit that will be simulated in the demonstration,
including treatment zone characteristics, climatic conditions, and operating
practices.
(b)
A description of a land treatment program, as required under § 264.271.
This information must be submitted with the plans for the treatment
demonstration, and updated following the treatment demonstration. The land
treatment program must address the following items:
(1) The wastes to be land treated;
(2) Design measures and operating practices
necessary to maximize treatment in accordance with § 264.273(a) including:
(i) Waste application method and
rate;
(ii) Measures to control soil
pH;
(iii) Enhancement of microbial
or chemical reactions;
(iv) Control
of moisture content;
(3)
Provisions for unsaturated zone monitoring, including:
(i) Sampling equipment, procedures, and
frequency;
(ii) Procedures for
selecting sampling locations;
(iii)
Analytical procedures;
(iv) Chain
of custody control;
(v) Procedures
for establishing background values;
(vi) Statistical methods for interpreting
results;
(vii) The justification
for any hazardous constituents recommended for selection as principal hazardous
constituents, in accordance with the criteria for such selection in §
264.278(a);
(4) A list of
hazardous constituents reasonably expected to be in, or derived from, the
wastes to be land treated based on waste analysis performed pursuant to §
264.13;
(5) The proposed dimensions
of the treatment zone;
(c) A description of how the unit is or will
be designed, constructed, operated, and maintained in order to meet the
requirements of § 264.273. This submission must address the following
items:
(1) Control of run-on;
(2) Collection and control of
run-off;
(3) Minimization of
run-off of hazardous constituents from the treatment zone;
(4) Management of collection and holding
facilities associated with run-on and run-off control systems;
(5) Periodic inspection of the unit. This
information should be included in the inspection plan submitted under §
270.14(b)(5);
(6) Control of wind
dispersal of particulate matter, if applicable;
(d) If food-chain crops are to be grown in or
on the treatment zone of the land treatment unit, a description of how the
demonstration required under § 264.276(a) will be conducted including:
(1) Characteristics of the food-chain crop
for which the demonstration will be made.
(2) Characteristics of the waste, treatment
zone, and waste application method and rate to be used in the
demonstration;
(3) Procedures for
crop growth, sample collection, sample analysis, and data evaluation;
(4) Characteristics of the comparison crop
including the location and conditions under which it was or will be
grown;
(e) If food-chain
crops are to be grown, and cadmium is present in the land-treated waste, a
description of how the requirements of § 264.276(b) will be complied
with;
(f) A description of the
vegetative cover to be applied to closed portions of the facility, and a plan
for maintaining such cover during the post-closure care period, as required
under § 264.280(a)(8) and § 264.280(c)(2). This information should be
included in the closure plan and, where applicable, the post-closure care plan
submitted under § 270.14(b)(13);
(g) If ignitable or reactive wastes will be
placed in or on the treatment zone, an explanation of how the requirements of
§ 264.281 will be complied with;
(h) If incompatible wastes, or incompatible
wastes and materials, will be placed in or on the same treatment zone, an
explanation of how § 264.282 will be complied with.
(i) A waste management plan for EPA Hazardous
Waste Nos. FO20, FO21, FO22, FO23, FO26, and FO27 describing how a land
treatment facility is or will be designed, constructed, operated, and
maintained to meet the requirements of § 264.283. This submission must
address the following items as specified in § 264.283:
(1) The volume, physical, and chemical
characteristics of the wastes, including their potential to migrate through
soil or to volatilize or escape into the atmosphere;
(2) The attenuative properties of underlying
and surrounding soils or other materials;
(3) The mobilizing properties of other
materials co-disposed with these wastes; and
(4) The effectiveness of additional
treatment, design, or monitoring techniques.
§ 270.21
Specific Part B
information requirements for landfills
Except as otherwise provided in § 264.1, owners and operators of facilities that dispose of hazardous waste in landfills must provide the following additional information:
(a) A list of the hazardous wastes placed or
to be placed in each landfill or landfill cell;
(b) Detailed plans and an engineering report
describing how the landfill is designed and is or will be constructed,
operated, and maintained to meet the requirements of §§ 264.19,
264.301, 264.302, and 264.303 of this rule, addressing the following items:
(1)
(i) The
liner system (except for an existing portion of a landfill), if the landfill
must meet the requirements of § 264.301(a) of this rule. If an exemption
from the requirement for a liner is sought as provided by § 264.301(b) of
this rule, submit detailed plans, and engineering and hydrogeological reports,
as appropriate, describing alternate designs and operating practices that will,
in conjunction with location aspects, prevent the migration of any hazardous
constituents into the ground water or surface water at any future
time;
(ii) The double liner and
leak (leachate) detection, collection, and removal system, if the landfill must
meet the requirements of § 264.301(c) of this rule. If an exemption from
the requirements for double liners and a leak detection, collection, and
removal system or alternative design is sought as provided by §
264.301(d), (e), or (f) of this rule, submit appropriate information;
(iii) If the leak detection system is located
in a saturated zone, submit detailed plans and an engineering report explaining
the leak detection system design and operation, and the location of the
saturated zone in relation to the leak detection system;
(iv) The construction quality assurance (CQA)
plan if required under § 264.19 of this rule;
(v) Proposed action leakage rate, with
rationale, if required under § 264.302 of this rule, and response action
plan, if required under § 264.303 of this rule;
(2) Control of run-on;
(3) Control of run-off;
(4) Management of collection and holding
facilities associated with run-on and run-off control systems; and
(5) Control of wind dispersal of particulate
matter, where applicable;
(c) A description of how each landfill,
including the double liner system, leachate collection and removal system, leak
detection system, cover system, and appurtenances for control of run-on and
run-off, will be inspected in order to meet the requirements of §
264.303(a), (b), and (c) of this rule. This information must be included in the
inspection plan submitted under § 270.14(b)(5);
(d) A description of how each landfill,
including the liner and cover systems, will be inspected in order to meet the
requirements of § 264.303 (a) and (b). This information should be included
in the inspection plan submitted under § 270.14(b)(5).
(e) Detailed plans and an engineering report
describing the final cover which will be applied to each landfill or landfill
cell at closure in accordance with § 264.310(a), and a description of how
each landfill will be maintained and monitored after closure in accordance with
§ 264.310(b). This information should be included in the closure and
post-closure plans submitted under § 270.14(b)(13).
(f) If ignitable or reactive wastes will be
landfilled, an explanation of how the standards of § 264.312 will be
complied with;
(g) If incompatible
wastes, or incompatible wastes and materials will be landfilled, an explanation
of how § 264.313 will be complied with;
(h) If bulk or non-containerized liquid waste
or wastes containing free liquids is to be landfilled prior to May 8, 1985, an
explanation of how the requirements of § 264.314(a) will be complied
with;
(i) If containers of
hazardous waste are to be landfilled, an explanation of how the requirements of
§ 264.315 or § 264.316, as applicable, will be complied
with.
(j) A waste management plan
for EPA Hazardous Waste Nos. FO20, FO21, FO22, FO23, FO26, and FO27 describing
how a landfill is or will be designed, constructed, operated, and maintained o
meet the requirements of § 264.317. This submission must address the
following items as specified in § 264.317:
(1) The volume, physical, and chemical
characteristics of the wastes, including their potential to migrate through
soil or to volatilize or escape into the atmosphere;
(2) The attenuative properties of underlying
and surrounding soils or other materials;
(3) The mobilizing properties of other
materials co-disposed with these wastes; and
(4) The effectiveness of additional
treatment, design, or monitoring techniques.
§ 270.22
Specific Part B
information requirements for boilers and industrial furnaces burning hazardous
waste
When an owner or operator of a cement kiln, or lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace becomes subject to RCRA permit requirements after October 12, 2005, or when an owner or operator of an existing cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace demonstrates compliance with the air emission standards and limitations in 40 CFR Part 63, subpart EEE, (i.e., by conducting a comprehensive performance test and submitting a Notification of Compliance under 40 CFR Part 63.1207(j) and 63.121(d) documenting compliance with all applicable requirements of part 63, subpart EEE,), the requirements of this section do not apply. The requirements of this section do apply, however, if the Director determines certain provisions are necessary to ensure compliance with §§ 266.102(e)(1) and 266.102(e)(2)(iii) of this Rule if you elect to comply with § 270.235(a)(1)(i) to minimize emissions of toxic compounds from startup, shutdown, and malfunction events; or if you are an area source and elect to comply with the §§ 266.105, 266.106, and 266.107 standards and associated requirements for particulate matter, hydrogen chloride and chlorine gas, and non-mercury metals; or the Director determines certain provisions apply, on a case-by-case basis, for purposes of information collection in accordance with §§ 270.10(k), 270.10(n), 270.32(b)(2), and 270.32(b)(3).
(a) Trial burns -
(1) General. Except as provided below, owners
and operators that are subject to the standards to control organic emissions
provided by § 266.104 of this rule, standards to control particulate
matter provided by § 266.105 of this rule, standards to control metals
emissions provided by § 266.106 of this rule, or standards to control
hydrogen chloride or chlorine gas emissions provided by § 266.107 of this
rule must conduct a trial burn to demonstrate conformance with those standards
and must submit a trial burn plan or the results of a trial burn, including all
required determinations, in accordance with § 270.66.
(i) A trial burn to demonstrate conformance
with a particular emission standard may be waived under provisions of
§§ 266.104 through 266.107 of this rule and paragraphs (a)(2) through
(a)(5) of this section; and
(ii)
The owner or operator may submit data in lieu of a trial burn, as prescribed in
paragraph (a)(6) of this section.
(2) Waiver of trial burn for DRE-
(i) Boilers operated under special operating
requirements. When seeking to be permitted under §§ 266.104(a)(4) and
266.110 of this rule that automatically waive the DRE trial burn, the owner or
operator of a boiler must submit documentation that the boiler operates under
the special operating requirements provided by § 266.110 of this rule.
(ii) Boilers and industrial
furnaces burning low risk waste. When seeking to be permitted under the
provisions for low risk waste provided by §§ 266.104(a)(5) and
266.109(a) of this rule that waive the DRE trial burn, the owner or operator
must submit:
(A) Documentation that the
device is operated in conformance with the requirements of § 266.109(a)(1)
of this rule.
(B) Results of
analyses of each waste to be burned, documenting the concentrations of nonmetal
compounds listed in appendix VIII of Section 261 of this rule, except for those
constituents that would reasonably not be expected to be in the waste. The
constituents excluded from analysis must be identified and the basis for their
exclusion explained. The analysis must rely on analytical techniques specified
in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods
(incorporated by reference, see § 260.11).
(C) Documentation of hazardous waste firing
rates and calculations of reasonable, worst-case emission rates of each
constituent identified in paragraph (a)(2)(ii)(B) of this section using
procedures provided by § 266.109(a)(2)(ii) of this rule.
(D) Results of emissions dispersion modeling
for emissions identified in paragraphs (a)(2)(ii)(C) of this section using
modeling procedures prescribed by § 266.106(h) of this rule. The Director
will review the emission modeling conducted by the applicant to determine
conformance with these procedures. The Director will either approve the
modeling or determine that alternate or supplementary modeling is
appropriate.
(E) Documentation that
the maximum annual average ground level concentration of each constituent
identified in paragraph (a)(2)(ii)(B) of this section quantified in conformance
with paragraph (a)(2)(ii)(D) of this section does not exceed the allowable
ambient level established in appendices IV or V of Section 266. The acceptable
ambient concentration for emitted constituents for which a specific Reference
Air Concentration has not been established in appendix IV or Risk-Specific Dose
has not been established in appendix V is 0.1 micrograms per cubic meter, as
noted in the footnote to appendix IV.
(3) Waiver of trial burn for metals. When
seeking to be permitted under the Tier I (or adjusted Tier I) metals feed rate
screening limits provided by § 266.106 (b) and (e) of this rule that
control metals emissions without requiring a trial burn, the owner or operator
must submit:
(i) Documentation of the feed
rate of hazardous waste, other fuels, and industrial furnace feed
stocks;
(ii) Documentation of the
concentration of each metal controlled by § 266.106 (b) or (e) of this
rule in the hazardous waste, other fuels, and industrial furnace feedstocks,
and calculations of the total feed rate of each metal;
(iii) Documentation of how the applicant will
ensure that the Tier I feed rate screening limits provided by § 266.106
(b) or (e) of this rule will not be exceeded during the averaging period
provided by that paragraph;
(iv)
Documentation to support the determination of the terrain-adjusted effective
stack height, good engineering practice stack height, terrain type, and land
use as provided by § 266.106 (b)(3) through (b)(5) of this rule;
(v) Documentation of compliance with the
provisions of § 266.106(b)(6), if applicable, for facilities with multiple
stacks;
(vi) Documentation that the
facility does not fail the criteria provided by § 266.106(b)(7) for
eligibility to comply with the screening limits; and
(vii) Proposed sampling and metals analysis
plan for the hazardous waste, other fuels, and industrial furnace feed
stocks.
(4) Waiver of
trial burn for particulate matter. When seeking to be permitted under the low
risk waste provisions of § 266.109(b) which waives the particulate
standard (and trial burn to demonstrate conformance with the particulate
standard), applicants must submit documentation supporting conformance with
paragraphs (a)(2)(ii) and (a)(3) of this section.
(5) Waiver of trial burn for HCl and
Cl2. When seeking to be permitted under the Tier I (or
adjusted Tier I) feed rate screening limits for total chloride and chlorine
provided by § 266.107 (b)(1) and (e) of this rule that control emissions
of hydrogen chloride (HCl) and chlorine gas (Cl2)
without requiring a trial burn, the owner or operator must submit:
(i) Documentation of the feed rate of
hazardous waste, other fuels, and industrial furnace feed stocks;
(ii) Documentation of the levels of total
chloride and chlorine in the hazardous waste, other fuels, and industrial
furnace feedstocks, and calculations of the total feed rate of total chloride
and chlorine;
(iii) Documentation
of how the applicant will ensure that the Tier I (or adjusted Tier I) feed rate
screening limits provided by § 266.107 (b)(1) or (e) of this rule will not
be exceeded during the averaging period provided by that paragraph;
(iv) Documentation to support the
determination of the terrain-adjusted effective stack height, good engineering
practice stack height, terrain type, and land use as provided by §
266.107(b)(3) of this rule;
(v)
Documentation of compliance with the provisions of § 266.107(b)(4), if
applicable, for facilities with multiple stacks;
(vi) Documentation that the facility does not
fail the criteria provided by § 266.107(b)(3) for eligibility to comply
with the screening limits; and
(vii) Proposed sampling and analysis plan for
total chloride and chlorine for the hazardous waste, other fuels, and
industrial furnace feedstocks.
(6) Data in lieu of trial burn. The owner or
operator may seek an exemption from the trial burn requirements to demonstrate
conformance with §§ 266.104 through 266.107 of this rule and §
270.66 by providing the information required by § 270.66 from previous
compliance testing of the device in conformance with § 266.103 of this
rule, or from compliance testing or trial or operational burns of similar
boilers or industrial furnaces burning similar hazardous wastes under similar
conditions. If data from a similar device is used to support a trial burn
waiver, the design and operating information required by § 270.66 must be
provided for both the similar device and the device to which the data is to be
applied, and a comparison of the design and operating information must be
provided. The Director shall approve a permit application without a trial burn
if he finds that the hazardous wastes are sufficiently similar, the devices are
sufficiently similar, the operating conditions are sufficiently similar, and
the data from other compliance tests, trial burns, or operational burns are
adequate to specify (under § 266.102 of this rule) operating conditions
that will ensure conformance with § 266.102(c) of this rule. In addition,
the following information shall be submitted:
(i) For a waiver from any trial burn:
(A) A description and analysis of the
hazardous waste to be burned compared with the hazardous waste for which data
from compliance testing, or operational or trial burns are provided to support
the contention that a trial burn is not needed;
(B) The design and operating conditions of
the boiler or industrial furnace to be used, compared with that for which
comparative burn data are available; and
(C) Such supplemental information as the
Director finds necessary to achieve the purposes of this paragraph.
(ii) For a waiver of the DRE trial
burn, the basis for selection of POHCs used in the other trial or operational
burns which demonstrate compliance with the DRE performance standard in §
266.104(a) of this rule. This analysis should specify the constituents in
appendix VIII, Section 261 of this rule, that the applicant has identified in
the hazardous waste for which a permit is sought, and any differences from the
POHCs in the hazardous waste for which burn data are provided.
(b) Alternative HC limit
for industrial furnaces with organic matter in raw materials. Owners and
operators of industrial furnaces requesting an alternative HC limit under
§ 266.104(f) of this rule shall submit the following information at a
minimum:
(1) Documentation that the furnace is
designed and operated to minimize HC emissions from fuels and raw
materials;
(2) Documentation of the
proposed baseline flue gas HC (and CO) concentration, including data on HC (and
CO) levels during tests when the facility produced normal products under normal
operating conditions from normal raw materials while burning normal fuels and
when not burning hazardous waste;
(3) Test burn protocol to confirm the
baseline HC (and CO) level including information on the type and flow rate of
all feedstreams, point of introduction of all feedstreams, total organic carbon
content (or other appropriate measure of organic content) of all nonfuel
feedstreams, and operating conditions that affect combustion of fuel(s) and
destruction of hydrocarbon emissions from nonfuel sources;
(4) Trial burn plan to:
(i) Demonstrate that flue gas HC (and CO)
concentrations when burning hazardous waste do not exceed the baseline HC (and
CO) level; and
(ii) Identify the
types and concentrations of organic compounds listed in appendix VIII, Section
261 of this rule, that are emitted when burning hazardous waste in conformance
with procedures prescribed by the Director;
(5) Implementation plan to monitor over time
changes in the operation of the facility that could reduce the baseline HC
level and procedures to periodically confirm the baseline HC level;
and
(6) Such other information as
the Director finds necessary to achieve the purposes of this
paragraph.
(c)
Alternative metals implementation approach. When seeking to be permitted under
an alternative metals implementation approach under § 266.106(f) of this
rule, the owner or operator must submit documentation specifying how the
approach ensures compliance with the metals emissions standards of §
266.106(c) or (d) and how the approach can be effectively implemented and
monitored. Further, the owner or operator shall provide such other information
that the Director finds necessary to achieve the purposes of this
paragraph.
(d) Automatic waste feed
cutoff system. Owners and operators shall submit information describing the
automatic waste feed cutoff system, including any pre-alarm systems that may be
used.
(e) Direct transfer. Owners
and operators that use direct transfer operations to feed hazardous waste from
transport vehicles (containers, as defined in § 266.111 of this rule)
directly to the boiler or industrial furnace shall submit information
supporting conformance with the standards for direct transfer provided by
§ 266.111 of this rule.
(f)
Residues. Owners and operators that claim that their residues are excluded from
rule under the provisions of § 266.112 of this rule must submit
information adequate to demonstrate conformance with those provisions.
§ 270.23
Specific Part B information requirements for miscellaneous units
Except as otherwise provided in § 264.600, owners and operators of facilities that treat, store, or dispose of hazardous waste in miscellaneous units must provide the following additional information:
(a) A detailed description of the unit being
used or proposed for use, including the following:
(1) Physical characteristics, materials of
construction, and dimensions of the unit;
(2) Detailed plans and engineering reports
describing how the unit will be located, designed, constructed, operated,
maintained, monitored, inspected, and closed to comply with the requirements of
§§ 264.601 and 264.602; and
(3) For disposal units, a detailed
description of the plans to comply with the post-closure requirements of §
264.603.
(b) Detailed
hydrologic, geologic, and meteorologic assessments and land-use maps for the
region surrounding the site that address and ensure compliance of the unit with
each factor in the environmental performance standards of § 264.601. If
the applicant can demonstrate that he does not violate the environmental
performance standards of § 264.601 and the Director agrees with such
demonstration, preliminary hydrologic, geologic, and meteorologic assessments
will suffice.
(c) Information on
the potential pathways of exposure of humans or environmental receptors to
hazardous waste or hazardous constituents and on the potential magnitude and
nature of such exposures.
(d) For
any treatment unit, a report on a demonstration of the effectiveness of the
treatment based on laboratory or field data.
(e) Any additional information determined by
the Director to be necessary for evaluation of compliance of the unit with the
environmental performance standards of § 264.601.
§ 270.24
Specific Part B
information requirements for process vents
Except as otherwise provided in § 264.1, owners and operators of facilities that have process vents to which Subsection AA of Section 264 applies must provide the following additional information:
(a) For facilities that cannot install a
closed-vent system and control device to comply with the provisions of Section
264 Subsection AA on the effective date that the facility becomes subject to
the provisions of Sections 264 or 265 Subsection AA, an implementation schedule
as specified in § 264.1033(a)(2).
(b) Documentation of compliance with the
process vent standards in § 264.1032, including:
(1) Information and data identifying all
affected process vents, annual throughput and operating hours of each affected
unit, estimated emission rates for each affected vent and for the overall
facility (i.e., the total emissions for all affected vents at the facility),
and the approximate location within the facility of each affected unit (e.g.,
identify the hazardous waste management units on a facility plot
plan).
(2) Information and data
supporting estimates of vent emissions and emission reduction achieved by
add-on control devices based on engineering calculations or source tests. For
the purpose of determining compliance, estimates of vent emissions and emission
reductions must be made using operating parameter values (e.g., temperatures,
flow rates, or concentrations) that represent the conditions that exist when
the waste management unit is operating at the highest load or capacity level
reasonably expected to occur.
(3)
Information and data used to determine whether or not a process vent is subject
to the requirements of § 264.1032.
(c) Where an owner or operator applies for
permission to use a control device other than a thermal vapor incinerator,
catalytic vapor incinerator, flare, boiler, process heater, condenser, or
carbon adsorption system to comply with the requirements of § 264.1032,
and chooses to use test data to determine the organic removal efficiency or the
total organic compound concentration achieved by the control device, a
performance test plan as specified in § 264.1035(b)(3).
(d) Documentation of compliance with §
264.1033, including:
(1) A list of all
information references and sources used in preparing the
documentation.
(2) Records,
including the dates, of each compliance test required by §
264.1033(k).
(3) A design analysis,
specifications, drawings, schematics, and piping and instrumentation diagrams
based on the appropriate sections of "APTI Course 415: Control of Gaseous
Emissions" (incorporated by reference as specified in § 270.6) or other
engineering texts acceptable to the Director that present basic control device
design information. The design analysis shall address the vent stream
characteristics and control device operation parameters as specified in §
264.1035(b)(4)(iii).
(4) A
statement signed and dated by the owner or operator certifying that the
operating parameters used in the design analysis reasonably represent the
conditions that exist when the hazardous waste management unit is or would be
operating at the highest load or capacity level reasonably expected to
occur.
(5) A statement signed and
dated by the owner or operator certifying that the control device is designed
to operate at an efficiency of 95 weight percent or greater unless the total
organic emission limits of § 264.1032(a) for affected process vents at the
facility can be attained by a control device involving vapor recovery at an
efficiency less than 95 weight percent.
§ 270.25
Specific Part B
information requirements for equipment
Except as otherwise provided in § 264.1, owners and operators of facilities that have equipment to which Subsection BB of Section 264 applies must provide the following additional information:
(a) For each piece of equipment to which
Subsection BB of Section 264 applies:
(1)
Equipment identification number and hazardous waste management unit
identification.
(2) Approximate
locations within the facility (e.g., identify the hazardous waste management
unit on a facility plot plan).
(3)
Type of equipment (e.g., a pump or pipeline valve).
(4) Percent by weight total organics in the
hazardous waste stream at the equipment.
(5) Hazardous waste state at the equipment
(e.g., gas/vapor or liquid).
(6)
Method of compliance with the standard (e.g., "monthly leak detection and
repair" or "equipped with dual mechanical seals").
(b) For facilities that cannot install a
closed-vent system and control device to comply with the provisions of Section
264, Subsection BB on the effective date that the facility becomes subject to
the provisions of Section 264 or 265 Subsection BB, an implementation schedule
as specified in § 264.1033(a)(2).
(c) Where an owner or operator applies for
permission to use a control device other than a thermal vapor incinerator,
catalytic vapor incinerator, flare, boiler, process heater, condenser, or
carbon adsorption system and chooses to use test data to determine the organic
removal efficiency or the total organic compound concentration achieved by the
control device, a performance test plan as specified in §
264.1035(b)(3).
(d) Documentation
that demonstrates compliance with the equipment standards in §§
264.1052 to 264.1059. This documentation shall contain the records required
under § 264.1064. The Director may request further documentation before
deciding if compliance has been demonstrated.
(e) Documentation to demonstrate compliance
with § 264.1060 shall include the following information:
(1) A list of all information references and
sources used in preparing the documentation.
(2) Records, including the dates, of each
compliance test required by § 264.1033(j).
(3) A design analysis, specifications,
drawings, schematics, and piping and instrumentation diagrams based on the
appropriate sections of "ATPI Course 415: Control of Gaseous Emissions"
(incorporated by reference as specified in § 270.6) or other engineering
texts acceptable to the Director that present basic control device design
information. The design analysis shall address the vent stream characteristics
and control device operation parameters as specified in §
264.1035(b)(4)(iii).
(4) A
statement signed and dated by the owner or operator certifying that the
operating parameters used in the design analysis reasonably represent the
conditions that exist when the hazardous waste management unit is operating at
the highest load or capacity level reasonably expected to occur.
(5) A statement signed and dated by the owner
or operator certifying that the control device is designed to operate at an
efficiency of 95 weight percent or greater.
§ 270.26
Special Part B
information requirements for drip pads
Except as otherwise provided by § 264.1 of this rule, owners and operators of hazardous waste treatment, storage, or disposal facilities that collect, store, or treat hazardous waste on drip pads must provide the following additional information:
(a) A list of hazardous wastes placed r to be
placed on each drip pad.
(b) If an
exemption is sought to Subsection F of Section 264 of this rule, as provided by
§ 264.90 of this rule, detailed plans and an engineering report describing
how the requirements of § 264.90(b)(2) of this rule will be met.
(c) Detailed plans and an engineering report
describing how the drip pad is or will be designed, constructed, operated and
maintained to meet the requirements of § 264.573 of this rule, including
the as-built drawings and specifications. This submission must address the
following items as specified in § 264.571 of this rule:
(1) The design characteristics of the drip
pad;
(2) The liner
system;
(3) The leakage detection
system, including the leak detection system and how it is designed to detect
the failure of the drip pad or the presence of any releases of hazardous waste
or accumulated liquid at the earliest practicable time;
(4) Practices designed to maintain drip
pads;
(5) The associated collection
system;
(6) Control of run-on to
the drip pad;
(7) Control of
run-off from the drip pad;
(8) The
interval at which drippage and other materials will be removed from the
associated collection system and a statement demonstrating that the interval
will be sufficient to prevent overflow onto the drip pad;
(9) Procedures for cleaning the drip pad at
least once every seven days to ensure the removal of any accumulated residues
of waste or other materials, including but not limited to rinsing, washing with
detergents or other appropriate solvents, or steam cleaning and provisions for
documenting the date, time, and cleaning procedure used each time the pad is
cleaned.
(10) Operating practices
and procedures that will be followed to ensure that tracking of hazardous waste
or waste constituents off the drip pad due to activities by personnel or
equipment is minimized;
(11)
Procedures for ensuring that, after removal from the treatment vessel, treated
wood from pressure and non-pressure processes is held on the drip pad until
drippage has ceased, including recordkeeping practices;
(12) Provisions for ensuring that collection
and holding units associated with the run-on and run-off control systems are
emptied or otherwise managed as soon as possible after storms to maintain
design capacity of the system;
(13)
If treatment is carried out on the drip pad, details of the process equipment
used, and the nature and quality of the residuals.
(14) A description of how each drip pad,
including appurtenances for control of run-on and run-off, will be inspected in
order to meet the requirements of § 264.573 of this rule. This information
should be included in the inspection plan submitted under § 270.14(b)(5)
of this Section.
(15) A
certification signed by an independent qualified, Arkansas-registered
professional engineer, stating that the drip pad design meets the
requirements of paragraphs (a) through (f) of § 264.573 of this
rule.
(16) A description of how
hazardous waste residues and contaminated materials will be removed from the
drip pad at closure, as required under § 264.575(a) of this rule. For any
waste not to be removed from the drip pad upon closure, the owner or operator
must submit detailed plans and an engineering report describing how §
264.310 (a) and (b) of this rule will be complied with. This information should
be included in the closure plan and, where applicable, the post-closure plan
submitted under § 270.14(b)(13).
§ 270.27
Specific Part B
information requirements for air emission controls for tanks, surface
impoundments, and containers.
(a)
Except as otherwise provided in § 264.1, owners and operators of tanks,
surface impoundments, or containers that use air emission controls in
accordance with the requirements of § 264, subsection CC shall provide the
following additional information:
(1)
Documentation for each floating roof cover installed on a tank subject to
§ 264.1084(d)(1) or § 264.1084(d)(2) that includes information
prepared by the owner or operator or provided by the cover manufacturer or
vendor describing the cover design, and certification by the owner or operator
that the cover meets the applicable design specifications as listed in §
264.1084(e)(1) or § 264.1084(f)(1).
(2) Identification of each container area
subject to the requirements of § 264, subsection CC and certification by
the owner or operator that the requirements of this subsection are
met.
(3) Documentation for each
enclosure used to control air pollutant emissions from tanks or containers in
accordance with the requirements of § 264.1084(d)(5) or §
264.1086(e)(1)(ii) that includes records for the most recent set of
calculations and measurements performed by the owner or operator to verify that
the enclosure meets the criteria of a permanent total enclosure as specified in
"Procedure T - Criteria for and Verification of a Permanent or Temporary Total
Enclosure" under
40
CFR 52.741, Appendix B.
(4) Documentation for each floating membrane
cover installed on a surface impoundment in accordance with the requirements of
§ 264.1085(c) that includes information prepared by the owner or operator
or provided by the cover manufacturer or vendor describing the cover design,
and certification by the owner or operator that the cover meets the
specifications listed in § 264.1085(c)(1).
(5) Documentation for each closed-vent system
and control device installed in accordance with the requirements of §
264.1087 that includes design and performance information as specified in
§ 270.24(c) and (d) of this section.
(6) An emission monitoring plan for both
Method 21 in 40 CFR part 60, appendix A and control device monitoring methods.
This plan shall include the following information: Monitoring point(s),
monitoring methods for control devices, monitoring frequency, procedures for
documenting exceedances, and procedures for mitigating
noncompliances.
(7) When an owner
or operator of a facility subject to Rule No. 23, § 265, subsection CC
cannot comply with § 264, subsection CC by the date of permit issuance,
the schedule of implementation required under § 265.1082.
§ 270.28
Part
B information requirements for post-closure permits
For post-closure permits, the owner or operator is required to submit only the information specified in §§270.14(b)(1), (4), (5), (6), (11), (13), (14), (16), (18) and (19), (c), and (d), unless the Director determines that additional information from §§ 270.14, 270.16, 270.17, 270.18, 270.20, or 270.21 is necessary. The owner or operator is required to submit the same information when an alternative authority is used in lieu of a post-closure permit as provided in § 270.1(c)(7).
§ 270.29
Permit Denial
The Director may, pursuant to the procedures in 40 CFR 124 (as incorporated by reference at § 3(b) of this Rule) and APC&EC Rule No. 8, deny the permit application either in its entirety or as to the active life of a hazardous waste management facility or unit only.
Subsection C
-- Permit Conditions
§
270.30
Conditions applicable to all permits
The following conditions apply to all HWM permits, and shall be incorporated into the permits either expressly or by reference. If incorporated by reference, a specific citation to these rules must be given in the permit.
(a) Duty to comply. The
permittee must comply with all conditions of this permit, except that the
permittee need not comply with the conditions of this permit to the extent and
for the duration such noncompliance is authorized in an emergency permit. (See
§ 270.61). Any permit noncompliance, except under the terms of an
emergency permit, constitutes a violation of the appropriate Act and is grounds
for enforcement action; for permit termination, revocation and reissuance, or
modification; or for denial of a permit renewal application.
(b) Duty to reapply. If the permittee wishes
to continue an activity regulated by this permit after the expiration date of
this permit, the permittee must apply for and obtain a new permit.
(c) Need to halt or reduce activity not a
defense. It shall not be a defense for a permittee in an enforcement action
that it would have been necessary to halt or reduce the permitted activity in
order to maintain compliance with the conditions of this permit.
(d) In the event of noncompliance with the
permit, the permittee shall take all reasonable steps to minimize releases to
the environment, and shall carry out such measures as are reasonable to prevent
significant adverse impacts on human health or the environment.
(e) Proper operation and maintenance. The
permittee shall at all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) which are
installed or used by the permittee to achieve compliance with the conditions of
this permit. Proper operation and maintenance includes effective performance,
adequate funding, adequate operator staffing and training, and adequate
laboratory and process controls, including appropriate quality assurance
procedures. This provision requires the operation of back-up or auxiliary
facilities or similar systems only when necessary to achieve compliance with
the conditions of the permit.
(f)
Permit actions. This permit may be modified, revoked and reissued, or
terminated for cause. The filing of a request by the permittee for a permit
modification, revocation and reissuance, or termination, or a notification of
planned changes or anticipated noncompliance, does not stay any permit
condition.
(g) Property rights. The
permit does not convey any property rights of any sort, or any exclusive
privilege.
(h) Duty to provide
information. The permittee shall furnish to the Director, within a reasonable
time, any relevant information which the Director may request to determine
whether cause exists for modifying, revoking and reissuing, or terminating this
permit, or to determine compliance with this permit. The permittee shall also
furnish to the Director, upon request, copies of records required to be kept by
this permit.
(i) Inspection and
entry. The permittee shall allow the Director, or an authorized representative,
upon the presentation of credentials and other documents as may be required by
law to:
(1) Enter at reasonable times upon
the permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this
permit;
(2) Have access to and
copy, at reasonable times, any records that must be kept under the conditions
of this permit;
(3) Inspect at
reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit;
and
(4) Sample or monitor at
reasonable times, for the purposes of assuring permit compliance or as
otherwise authorized by RCRA, any substances or parameters at any
location.
(j) Monitoring
and records.
(1) Samples and measurements
taken for the purpose of monitoring shall be representative of the monitored
activity.
(2) The permittee shall
retain records of all monitoring information, including all calibration and
maintenance records and all original strip chart recordings for continuous
monitoring instrumentation, copies of all reports required by this permit, the
certification required by § 264.73(b)(9) of this rule, and records of all
data used to complete the application for this permit, for a period of at least
3 years from the date of the sample, measurement, report, certification, or
application. This period may be extended by request of the Director at any
time. The permittee shall maintain records from all ground-water monitoring
wells and associated ground-water surface elevations, for the active life of
the facility, and for disposal facilities for the post-closure care period as
well.
(3) Records for monitoring
information shall include:
(i) The date, exact
place, and time of sampling or measurements;
(ii) The individual(s) who performed the
sampling or measurements;
(iii) The
date(s) analyses were performed;
(iv) The individual(s) who performed the
analyses;
(v) The analytical
techniques or methods used; and
(vi) The results of such analyses.
(k) Signatory
requirements. All applications, reports, or information submitted to the
Director shall be signed and certified (See § 270.11.)
(l) Reporting requirements.
(1) Planned changes. The permittee shall give
notice to the Director as soon as possible of any planned physical alterations
or additions to the permitted facility.
(2) Anticipated noncompliance. The permittee
shall give advance notice to the Director of any planned changes in the
permitted facility or activity which may result in noncompliance with permit
requirements. For a new facility, the permittee may not treat, store, or
dispose of hazardous waste; and for a facility being modified, the permittee
may not treat, store, or dispose of hazardous waste in the modified portion of
the facility except as provided in § 270.42, until:
(i) The permittee has submitted to the
Director by certified mail or hand delivery a letter signed by the permittee
and a Arkansas-registered professional engineer stating that
the facility has been constructed or modified in compliance with the permit;
and
(ii)
(A) The Director has inspected the modified
or newly constructed facility and finds it is in compliance with the conditions
of the permit; or
(B) Within 15
days of the date of submission of the letter in paragraph (l)(2)(i) of this
section, the permittee has not received notice from the Director of his or her
intent to inspect, prior inspection is waived and the permittee may commence
treatment, storage, or disposal of hazardous waste.
(3) Transfers. This permit is not
transferable to any person except after notice to the Director. The Director
may require modification or revocation and reissuance of the permit to change
the name of the permittee and incorporate such other requirements as may be
necessary under RCRA. (See § 270.40)
(4) Monitoring reports. Monitoring results
shall be reported at the intervals specified elsewhere in this
permit.
(5) Compliance schedules.
Reports of compliance or noncompliance with, or any progress reports on,
interim and final requirements contained in any compliance schedule of this
permit shall be submitted no later than 14 days following each schedule
date.
(6) Twenty-four hour
reporting.
(i) The permittee shall report any
noncompliance which may endanger health or the environment orally within 24
hours from the time the permittee becomes aware of the circumstances,
including:
(A) Information concerning release
of any hazardous waste that may cause an endangerment to public drinking water
supplies.
(B) Any information of a
release or discharge of hazardous waste or of a fire or explosion from the HWM
facility, which could threaten the environment or human health outside the
facility.
(ii) The
description of the occurrence and its cause shall include:
(A) Name, address, and telephone number of
the owner or operator;
(B) Name,
address, and telephone number of the facility;
(C) Date, time, and type of
incident;
(D) Name and quantity of
material(s) involved;
(E) The
extent of injuries, if any;
(F) An
assessment of actual or potential hazards to the environment and human health
outside the facility, where this is applicable; and
(G) Estimated quantity and disposition of
recovered material that resulted from the incident.
(iii) A written submission shall also be
provided within 5 days of the time the permittee becomes aware of the
circumstances. The written submission shall contain a description of the
noncompliance and its cause; the period of noncompliance including exact dates
and times, and if the noncompliance has not been corrected, the anticipated
time it is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance. The Director may
waive the five day written notice requirement in favor of a written report
within fifteen days.
(7)
Manifest discrepancy report: If a significant discrepancy in a manifest is
discovered, the permittee must attempt to reconcile the discrepancy. If not
resolved within fifteen days, the permittee must submit a letter report,
including a copy of the manifest, to the Director. (See §
264.72.)
(8) Unmanifested waste
report: This report must be submitted to the Director within 15 days of receipt
of unmanifested waste. (See § 264.76)
(9)
Annual report: An
annual report must be submitted covering facility activities
during odd numbered calendar years. (See § 264.75.)
(10) Other noncompliance. The permittee shall
report all instances of noncompliance not reported under paragraphs (l)(4),
(5), and (6) of this section, at the time monitoring reports are submitted. The
reports shall contain the information listed in paragraph (l)(6) of this
section.
(11) Other information.
Where the permittee becomes aware that it failed to submit any relevant facts
in a permit application, or submitted incorrect information in a permit
application or in any report to the Director, it shall promptly submit such
facts or information.
(m)
Information repository. The Director may require the permittee to establish and
maintain an information repository at any time, based on the factors set forth
in § 270.7(f). The information repository will be governed by the
provisions in
40 CFR 124.33(c) through
(f).
§ 270.31
Requirements for
recording and reporting of monitoring results
All permits shall specify:
(a) Requirements concerning the proper use,
maintenance, and installation, when appropriate, of monitoring equipment or
methods (including biological monitoring methods when appropriate);
(b) Required monitoring including type,
intervals, and frequency sufficient to yield data which are representative of
the monitored activity including, when appropriate, continuous
monitoring;
(c) Applicable
reporting requirements based upon the impact of the regulated activity and as
specified in Sections 264 and 266, and 40 CFR Parts 264, 266 and 267. Reporting
shall be no less frequent than specified in the above rules.
§ 270.32
Establishing
permit conditions
(a) In addition to
conditions required in all permits (§ 270.30), the Director shall
establish conditions, as required on a case-by-case basis, in permits under
§§ 270.50 (duration of permits), 270.33(a) (schedules of compliance),
270.31 (monitoring), and for EPA issued permits only, 270.33(b) (alternate
schedules of compliance) and 270.3 (considerations under Federal
law).
(b)
(1) Each HWM permit shall include permit
conditions necessary to achieve compliance with the Act and rules, including
each of the applicable requirements specified in Sections 264 and 266 through
268 of this rule. In satisfying this provision, the Director may incorporate
applicable requirements of Sections 264 and 266 through 268 of this rule
directly into the permit or establish other permit conditions that are based on
these parts.
(2) Each permit issued
under A.C.A. §§
8-7-201
et seq. shall contain terms
and conditions as the Director determines necessary to protect human health and
the environment.
(3) If, as the
result of an assessment(s) or other information, the Director determines that
conditions are necessary in addition to those required under 40 CFR Part 63,
subsection EEE, and Sections 264 or 266 of this Rule to ensure protection of
human health and the environment, he shall include those terms and conditions
in a RCRA permit for a hazardous waste combustion unit.
(c) For a State issued permit, an applicable
requirement is a State statutory or regulatory requirement which takes effect
prior to final administrative disposition of a permit. For a permit issued by
EPA, an applicable requirement is a statutory or regulatory requirement
(including any interim final rule) which takes effect prior to the issuance of
the permit.
40 CFR
124.14 (reopening of comment period) provides
a means for reopening EPA permit proceedings at the discretion of the Regional
Administrator in coordination with the Director where new requirements become
effective during the permitting process and are of sufficient magnitude to make
additional proceedings desirable. For State and EPA administered programs, an
applicable requirement is also any requirement which takes effect prior to the
modification or revocation and reissuance of a permit, to the extent allowed in
§ 270.41.
(d) New or reissued
permits, and to the extent allowed under § 270.41, modified or revoked and
reissued permits, shall incorporate each of the applicable requirements
referenced in this section and in Section 270.31.
(e) Incorporation. All permit conditions
shall be incorporated either expressly or by reference. If incorporated by
reference, a specific citation to the applicable rules or requirements must be
given in the permit.
§
270.33
Schedules of compliance
(a) The permit may, when appropriate, specify
a schedule of compliance leading to compliance with the Act and rules.
(1) Time for compliance. Any schedules of
compliance under this section shall require compliance as soon as
possible.
(2) Interim dates. Except
as provided in paragraph (b)(1)(ii) of this section, if a permit establishes a
schedule of compliance which exceeds 1 year from the date of permit issuance,
the schedule shall set forth interim requirements and the dates for their
achievement.
(i) The time between interim
dates shall not exceed 1 year.
(ii)
If the time necessary for completion of any interim requirement is more than 1
year and is not readily divisible into stages for completion, the permit shall
specify interim dates for the submission of reports of progress toward
completion of the interim requirements and indicate a projected completion
date.
(3) Reporting. The
permit shall be written to require that no later than 14 days following each
interim date and the final date of compliance, the permittee shall notify the
Director in writing, of its compliance or noncompliance with the interim or
final requirements.
(b)
Alternative schedules of compliance. A HWM permit applicant or permittee may
cease conducting regulated activities (by receiving a terminal volume of
hazardous waste and, for treatment and storage HWM facilities, closing pursuant
to applicable requirements; and, for disposal HWM facilities, closing and
conducting post-closure care pursuant to applicable requirements) rather than
continue to operate and meet permit requirements as follows:
(1) If the permittee decides to cease
conducting regulated activities at a given time within the term of a permit
which has already been issued:
(i) The permit
may be modified to contain a new or additional schedule leading to timely
cessation of activities; or
(ii)
The permittee shall cease conducting permitted activities before noncompliance
with any interim or final compliance schedule requirement already specified in
the permit.
(2) If the
decision to cease conducting regulated activities is made before issuance of a
permit whose term will include the termination date, the permit shall contain a
schedule leading to termination which will ensure timely compliance with
applicable requirements.
(3) If the
permittee is undecided whether to cease conducting regulated activities, the
Director may issue or modify a permit to contain two schedules as follows:
(i) Both schedules shall contain an identical
interim deadline requiring a final decision on whether to cease conducting
regulated activities no later than a date which ensures sufficient time to
comply with applicable requirements in a timely manner if the decision is to
continue conducting regulated activities;
(ii) One schedule shall lead to timely
compliance with applicable requirements;
(iii) The second schedule shall lead to
cessation of regulated activities by a date which will ensure timely compliance
with applicable requirements;
(iv)
Each permit containing two schedules shall include a requirement that after the
permittee has made a final decision under paragraph (b)(3)(i) of this section
it shall follow the schedule leading to compliance if the decision is to
continue conducting regulated activities, and follow the schedule leading to
termination if the decision is to cease conducting regulated
activities.
(4) The
applicant's or permittee's decision to cease conducting regulated activities
shall be evidenced by a firm public commitment satisfactory to the Director,
such as resolution of the board of directors of a corporation.
§ 270.34
Health Monitoring and Hazard Identification
(a)
Prior to the operation of a new
commercial hazardous waste management facility, the Division may request that
the appropriate health agency have a survey conducted, at reasonable cost, to
establish baseline health data. Such survey shall:
(1)
Be conducted by a person
approved by both the Division and the health agency;
(2)
Investigate the prevalence of
those health conditions deemed appropriate by the Division in consultation with
the Arkansas Division of Health and other health agencies;
(3)
Be completed among a
statistically representative portion of the population located within an area
defined as likely to be impacted on the basis of information describing the
type of facility, nature of the operation, type of waste managed and proximity
to major water sources or other likely vehicles for dissemination in the
environment.
(b)
Whenever the Division finds that there exists a reasonable probability
that emissions from any hazardous waste management facility are related to
disease etiology, it shall have conducted pertinent epidemiologic
investigations in order to ascertain early identification of unknown health
hazards and to effect the appropriate corrective intervention. Such
investigation shall be subject to the provisions of § 6(k) of this Rule
and limited to reasonable cost.
Subsection D
-- Changes to
Permits
§ 270.40
Transfer
of permits
(a) A permit may be
transferred by the permittee to a new owner or operator only if the permit has
been modified or revoked and reissued (under § 270.40(b) or §
270.41(b)(2)) to identify the new permittee and incorporate such other
requirements as may be necessary under the Arkansas Hazardous Waste Management
Act (A.C.A §§
8-7-201
et seq.).
(b) Changes in the ownership or operational
control of a facility may be made as a Class 1 modification with prior written
approval of the Director in accordance with § 270.42 or as a routine
change with prior approval under
40
CFR 124.213. The new owner or operator must
submit a revised permit application no later than 90 days prior to the
scheduled change. A written agreement containing a specific date for transfer
of permit responsibility between the current and new permittees must also be
submitted to the Director. When a transfer of ownership or operational control
occurs, the old owner or operator shall comply with the requirements of Section
264, Subsection H (Financial Requirements) until the new owner or operator has
demonstrated that he or she is complying with the requirements of that
Subsection. The new owner or operator must demonstrate compliance with
Subsection H requirements not later than the date
of the change of ownership or operational control of the facility. Upon
demonstration to the Director by the new owner or operator of compliance with
Subsection H, the Director shall notify the old owner or operator that he or
she no longer needs to comply with Subsection H as of the date of
demonstration.
§
270.41
Modification or revocation and reissuance of
permits
When the Director receives any information (for example, inspects the facility, receives information submitted by the permittee as required in the permit (see § 270.30), receives a request for revocation and reissuance under 40 CFR 124.5 or conducts a review of the permit file), he or she may determine whether one or more of the causes listed in paragraphs (a) and (b) of this section for modification, or revocation and reissuance or both exist. If cause exists, the Director may modify or revoke and reissue the permit accordingly, subject to the limitations of paragraph (c) of this section, and may request an updated application if necessary. When a permit is modified, only the conditions subject to modification are reopened. If a permit is revoked and reissued, the entire permit is reopened and subject to revision and the permit is reissued for a new term. (See 40 CFR 124.5(c)(2).) If cause does not exist under this section, the Director shall not modify or revoke and reissue the permit, except on request of the permittee. If a permit modification is requested by the permittee, the Director shall approve or deny the request according to the procedures of Section 270.42. If a permit modification is requested by the permittee, the Director shall approve or deny the request according to the procedures of § 270.42, or § 270.320 and 40 CFR Part 124, Subpart G. Otherwise, a draft permit must be prepared and other procedures in 40 CFR 124 and APC&EC Rule No. 8 followed.
(a) Causes for modification. The following
are causes for modification, but not revocation and reissuance, of permits; the
following may be causes for revocation and reissuance, as well as modification,
when the permittee requests or agrees.
(1)
Alterations. There are material and substantial alterations or additions to the
permitted facility or activity which occurred after permit issuance which
justify the application of permit conditions that are different or absent in
the existing permit.
(2)
Information. The Director has received information. Permits may be modified
during their terms for this cause only if the information was not available at
the time of permit issuance (other than revised rules, guidance, or test
methods) and would have justified the application of different permit
conditions at the time of issuance.
(3) New statutory requirements or rules. The
standards or rules on which the permit was based have been changed by statute,
through promulgation of new or amended standards or rules, or by judicial
decision after the permit was issued.
(4) Compliance schedules. The Director
determines good cause exists for modification of a compliance schedule, such as
an act of God, strike, flood, or materials shortage or other events over which
the permittee has little or no control and for which there is no reasonably
available remedy.
(5)
Notwithstanding any other provision in this section, when a permit for a land
disposal facility is reviewed by the Director under § 270.50(d), the
Director shall modify the permit as necessary to assure that the facility
continues to comply with the currently applicable requirements in Sections 260
through 266, and 270.
(b)
Causes for modification or revocation and reissuance. The following are causes
to modify or, alternatively, revoke and reissue a permit:
(1) Cause exists for termination under §
270.43, and the Director determines that modification or revocation and
reissuance is appropriate.
(2) The
Director has received notification (as required in the permit, see §
270.30(l)(3)) of a proposed transfer of the permit.
(3) The Director has received notification
under 40 CFR Part 124.202(b) of a facility owner or operator's intent to be
covered by a standardized permit.
(c) Facility siting. Suitability of the
facility location will not be considered at the time of permit modification or
revocation and reissuance unless new information or standards indicate that a
threat to human health or the environment exists which was unknown at the time
of permit issuance.
§
270.42
Permit modification at the request of the
Permittee
(a) Class 1 modifications.
(1) Except as provided in paragraph (a)(2) of
this section, the permittee may put into effect Class 1 modifications listed in
appendix I of this section under the following conditions:
(i) The permittee must notify the Director
concerning the modification by certified mail or other means that establish
proof of delivery within 7 calendar days after the change is put into effect.
This notice must specify the changes being made to permit conditions or
supporting documents referenced by the permit and must explain why they are
necessary. Along with the notice, the permittee must provide the applicable
information required by §§ 270.13 through 270.21, 270.62, and
270.63.
(ii) The permittee must
send a notice of the modification to all persons on the facility mailing list,
maintained by the Director in accordance with
40 CFR
124.10(c) (viii), and the
appropriate units of State and local government, as specified in
40 CFR
124.10(c)(ix). This
notification must be made within 90 calendar days after the change is put into
effect. For the Class I modifications that require prior Director approval, the
notification must be made within 90 calendar days after the Director approves
the request.
(iii) Any person may
request the Director to review, and the Director may for cause reject, any
Class 1 modification. The Director must inform the permittee by certified mail
that a Class 1 modification has been rejected, explaining the reasons for the
rejection. If a Class 1 modification has been rejected, the permittee must
comply with the original permit conditions.
(2) Class 1 permit modifications identified
in appendix I by an asterisk may be made only with the prior written approval
of the Director.
(3) For a Class 1
permit modification, the permittee may elect to follow the procedures in §
270.42(b) for Class 2 modifications instead of the Class 1 procedures. The
permittee must inform the Director of this decision in the notice required in
§ 270.42(b)(1).
(b)
Class 2 modifications.
(1) For Class 2
modifications, listed in appendix I of this section, the permittee must submit
a modification request to the Director that:
(i) Describes the exact change to be made to
the permit conditions and supporting documents referenced by the
permit;
(ii) Identifies that the
modification is a Class 2 modification;
(iii) Explains why the modification is
needed; and
(iv) Provides the
applicable information required by §§ 270.13 through 270.21, 270.62,
and 270.63.
(2) The
permittee must send a notice of the modification request to all persons on the
facility mailing list maintained by the Director and to the appropriate units
of State and local government as specified in
40 CFR
124.10(c)(1)(ix) and must
publish this notice in a major local newspaper of general circulation. This
notice must be mailed and published within 7 days before or after the date of
submission of the modification request, and the permittee must provide to the
Director evidence of the mailing and publication. The notice must include:
(i) Announcement of a 60-day comment period,
in accordance with § 270.42(b)(5), and the name and address of a Division
contact to whom comments must be sent;
(ii) Announcement of the date, time, and
place for a public meeting held in accordance with §
270.42(b)(4);
(iii) Name and
telephone number of the permittee's contact person;
(iv) Name and telephone number of a Division
contact person;
(v) Location where
copies of the modification request and any supporting documents can be viewed
and copied; and
(vi) The following
statement: "The permittee's compliance history during the life of the permit
being modified is available from the Division contact person."
(3) The permittee must place a
copy of the permit modification request and supporting documents in a location
accessible to the public in the vicinity of the permitted facility.
(4) The permittee must hold a public meeting
no earlier than 15 days after the publication of the notice required in
paragraph (b)(2) of this section and no later than 15 days before the close of
the 60-day comment period. The meeting must be held to the extent practicable
in the vicinity of the permitted facility.
(5) The public shall be provided 60 days to
comment on the modification request. The comment period will begin on the date
the permittee publishes the notice in the local newspaper. Comments should be
submitted to the Agency contact identified in the public notice.
(6)
(i) No
later than 90 days after receipt of the notification request, the Director
must:
(A) Approve the modification request,
with or without changes, and modify the permit accordingly;
(B) Deny the request;
(C) Determine that the modification request
must follow the procedures in § 270.42(c) for Class 3 modifications for
the following reasons:
(1) There is
significant public concern about the proposed modification; or
(2) The complex nature of the change requires
the more extensive procedures of Class 3.
(D) Approve the request, with or without
changes, as a temporary authorization having a term of up to 180 days,
or
(E) Notify the permittee that he
or she will decide on the request within the next 30 days.
(ii) If the Director notifies the permittee
of a 30-day extension for a decision, the Director must, no later than 120 days
after receipt of the modification request:
(A)
Approve the modification request, with or without changes, and modify the
permit accordingly;
(B) Deny the
request; or
(C) Determine that the
modification request must follow the procedures in § 270.42(c) for Class 3
modifications for the following reasons:
(1)
There is significant public concern about the proposed modification;
or
(2) The complex nature of the
change requires the more extensive procedures of Class 3.
(D) Approve the request, with or without
changes, as a temporary authorization having a term of up to 180
days.
(iii) If the
Director fails to make one of the decisions specified in paragraph (b)(6)(ii)
of this section by the 120th day after receipt of the modification request, the
permittee is automatically authorized to conduct the activities described in
the modification request for up to 180 days, without formal Agency action. The
authorized activities must be conducted as described in the permit modification
request and must be in compliance with all appropriate standards of Section 270
of this rule. If the Director approves, with or without changes, or denies the
modification request during the term of the temporary or automatic
authorization provided for in paragraphs (b)(6) (i), (ii), or (iii) of this
section, such action cancels the temporary or automatic
authorization.
(iv)
(A) In the case of an automatic authorization
under paragraph (b)(6)(iii) of this section, or a temporary authorization under
paragraph (b)(6) (i)(D) or (ii)(D) of this section, if the Director has not
made a final approval or denial of the modification request by the date 50 days
prior to the end of the temporary or automatic authorization, the permittee
must within seven days of that time send a notification to persons on the
facility mailing list, and make a reasonable effort to notify other persons who
submitted written comments on the modification request, that:
(1) The permittee has been authorized
temporarily to conduct the activities described in the permit modification
request, and
(2) Unless the
Director acts to give final approval or denial of the request by the end of the
authorization period, the permittee will receive authorization to conduct such
activities for the life of the permit.
(B) If the owner/operator fails to notify the
public by the date specified in paragraph (b)(6)(iv)(A) of this section, the
effective date of the permanent authorization will be deferred until 50 days
after the owner/operator notifies the public.
(v) Except as provided in paragraph
(b)(6)(vii) of this section, if the Director does not finally approve or deny a
modification request before the end of the automatic or temporary authorization
period or reclassify the modification as a Class 3, the permittee is authorized
to conduct the activities described in the permit modification request for the
life of the permit unless modified later under § 270.41 or § 270.42.
The activities authorized under this paragraph must be conducted as described
in the permit modification request and must be in compliance with all
appropriate standards of Section 265 and 40 CFR part 265.
(vi) In making a decision to approve or deny
a modification request, including a decision to issue a temporary authorization
or to reclassify a modification as a Class 3, the Director must consider all
written comments submitted to the Agency during the public comment period and
must respond in writing to all significant comments in his or her
decision.
(vii) With the written
consent of the permittee, the Director may extend indefinitely or for a
specified period the time periods for final approval or denial of a
modification request or for reclassifying a modification as a Class
3.
(7) The Director may
deny or change the terms of a Class 2 permit modification request under
paragraphs (b)(6) (i) through (iii) of this section for the following reasons:
(i) The modification request is
incomplete;
(ii) The requested
modification does not comply with the appropriate requirements of Section 264
or 40 CFR part 264 or other applicable requirements; or
(iii) The conditions of the modification fail
to protect human health and the environment.
(8) The permittee may perform any
construction associated with a Class 2 permit modification request beginning 60
days after the submission of the request unless the Director establishes a
later date for commencing construction and informs the permittee in writing
before day 60.
(c) Class
3 modifications.
(1) For Class 3
modifications listed in appendix I of this section, the permittee must submit a
modification request to the Director that:
(i)
Describes the exact change to be made to the permit conditions and supporting
documents referenced by the permit;
(ii) Identifies that the modification is a
Class 3 modification;
(iii)
Explains why the modification is needed; and
(iv) Provides the applicable information
required by §§ 270.13 through 270.22, 270.62, 270.63, and 270.66 of
this rule.
(2) The
permittee must send a notice of the modification request to all persons on the
facility mailing list maintained by the Director and to the appropriate units
of State and local government as specified in
40 CFR
124.10(c)(ix) and must
publish this notice in a major local newspaper of general circulation. This
notice must be mailed and published within seven days before or after the date
of submission of the modification request, and the permittee must provide to
the Director evidence of the mailing and publication. The notice must include:
(i) Announcement of a 60-day comment period,
and a name and address of a Division contact to whom comments must be
sent;
(ii) Announcement of the
date, time, and place for a public meeting on the modification request, in
accordance with § 270.42(c)(4);
(iii) Name and telephone number of the
permittee's contact person;
(iv)
Name and telephone number of a Division contact person;
(v) Location where copies of the modification
request and any supporting documents can be viewed and copied; and
(vi) The following statement: "The
permittee's compliance history during the life of the permit being modified is
available from the Division contact person."
(3) The permittee must place a copy of the
permit modification request and supporting documents in a location accessible
to the public in the vicinity of the permitted facility.
(4) The permittee must hold a public meeting
no earlier than 15 days after the publication of the notice required in
paragraph (c)(2) of this section and no later than 15 days before the close of
the 60-day comment period. The meeting must be held to the extent practicable
in the vicinity of the permitted facility.
(5) The public shall be provided at least 60
days to comment on the modification request. The comment period will begin on
the date the permittee publishes the notice in the local newspaper. Comments
should be submitted to the Division contact identified in the notice.
(6) After the conclusion of the 60-day
comment period, the Director must grant or deny the permit modification request
according to the permit modification procedures of Rule No. 8 and 40 CFR Part
124. In addition, the Director must consider and respond to all significant
written comments received during the 60-day comment period.
(d) Other modifications.
(1) In the case of modifications not
explicitly listed in Appendix I of this section, the permittee may submit a
Class 3 modification request to the Division, or he or she may request a
determination by the Director that the modification should be reviewed and
approved as a Class 1 or Class 2 modification. If the permittee requests that
the modification be classified as a Class 1 or 2 modification, he or she must
provide the Division with the necessary information to support the requested
classification.
(2) The Director
shall make the determination described in paragraph (d)(1) of this section as
promptly as practicable. In determining the appropriate class for a specific
modification, the Director shall consider the similarity of the modification to
other modifications codified in appendix I and the following criteria:
(i) Class 1 modifications apply to minor
changes that keep the permit current with routine changes to the facility or
its operation. These changes do not substantially alter the permit conditions
or reduce the capacity of the facility to protect human health or the
environment. In the case of Class 1 modifications, the Director may require
prior approval.
(ii) Class 2
modifications apply to changes that are necessary to enable a permittee to
respond, in a timely manner, to,
(A) Common
variations in the types and quantities of the wastes managed under the facility
permit,
(B) Technological
advancements, and
(C) Changes
necessary to comply with new rules, where these changes can be implemented
without substantially changing design specifications or management practices in
the permit.
(iii) Class 3
modifications substantially alter the facility or its operation.
(e) Temporary
authorizations.
(1) Upon request of the
permittee, the Director may, without prior public notice and comment, grant the
permittee a temporary authorization in accordance with this subsection.
Temporary authorizations must have a term of not more than 180 days.
(2)
(i) The
permittee may request a temporary authorization for:
(A) Any Class 2 modification meeting the
criteria in paragraph (e)(3)(ii) of this section, and
(B) Any Class 3 modification that meets the
criteria in paragraph (3)(ii) (A) or (B) of this section; or that meets the
criteria in paragraphs (3)(ii)(C) through (E) of this section and provides
improved management or treatment of a hazardous waste already listed in the
facility permit.
(ii) The
temporary authorization request must include:
(A) A description of the activities to be
conducted under the temporary authorization;
(B) An explanation of why the temporary
authorization is necessary; and
(C)
Sufficient information to ensure compliance with the standards in § 264 of
this rule.
(iii) The
permittee must send a notice about the temporary authorization request to all
persons on the facility mailing list maintained by the Director and to
appropriate units of State and local governments as specified in
40 CFR
124.10(c)(ix). This
notification must be made within seven days of submission of the authorization
request.
(3) The Director
shall approve or deny the temporary authorization as quickly as practical. To
issue a temporary authorization, the Director must find:
(i) The authorized activities are in
compliance with the standards of § 264 of this rule.
(ii) The temporary authorization is necessary
to achieve one of the following objectives before action is likely to be taken
on a modification request:
(A) To facilitate
timely implementation of closure or corrective action activities;
(B) To allow treatment or storage in tanks or
containers, or in containment buildings in accordance with §
268;
(C) To prevent disruption of
ongoing waste management activities;
(D) To enable the permittee to respond to
sudden changes in the types or quantities of the wastes managed under the
facility permit; or
(E) To
facilitate other changes to protect human health and the environment.
(4) A temporary
authorization may be reissued for one additional term of up to 180 days
provided that the permittee has requested a Class 2 or 3 permit modification
for the activity covered in the temporary authorization, and:
(i) The reissued temporary authorization
constitutes the Director's decision on a Class 2 permit modification in
accordance with paragraph (b)(6)(i)(D) or (ii)(D) of this section, or
(ii) The Director determines that the
reissued temporary authorization involving a Class 3 permit modification
request is warranted to allow the authorized activities to continue while the
modification procedures of paragraph (c) of this section are
conducted.
(f)
Public notice and appeals of permit modification decisions.
(1) The Director shall notify persons on the
facility mailing list and appropriate units of State and local government
within 10 days of any decision under this section to grant or deny a Class 2 or
3 permit modification request. The Director shall also notify such persons
within 10 days after an automatic authorization for a Class 2 modification goes
into effect under § 270.42(b)(6) (iii) or (v).
(2) The Director's decision to grant or deny
a Class 2 or 3 permit modification request under this section may be appealed
under the permit appeal procedures of APC&EC Rule No. 8 and
40
CFR 124.19.
(3) An automatic authorization that goes into
effect under § 270.42(b)(6) (iii) or (v) may be appealed under the permit
appeal procedures of
40
CFR 124.19; however, the permittee may
continue to conduct the activities pursuant to the automatic authorization
until the appeal has been granted pursuant to § 124.19(c), notwithstanding
the provisions of § 124.15(b).
(g) Newly regulated wastes and units.
(1) The permittee is authorized to continue
to manage wastes listed or identified as hazardous under Section 261 of this
Rule, or to continue to manage hazardous waste in units newly regulated as
hazardous waste management units, if:
(i) The
unit was in existence as a hazardous waste facility with respect to the newly
listed or characterized waste or newly regulated waste management unit on the
effective date of the final rule listing or identifying the waste, or
regulating the unit;
(ii) The
permittee submits a Class 1 modification request on or before the date on which
the waste or unit becomes subject to the new requirements;
(iii) The permittee is in compliance with the
applicable standards of Sections 265 and 266 of this chapter;
(iv) The permittee also submits a complete
Class 2 or 3 modification request within 180 days of the effective date of the
rule listing or identifying the waste, or subjecting the unit to hazardous
waste management standards;
(v) In
the case of land disposal units, the permittee certifies that each such unit is
in compliance with all applicable requirements of Section 265 of this chapter
for groundwater monitoring and financial responsibility on the date 12 months
after the effective date of the rule identifying or listing the waste as
hazardous, or regulating the unit as a hazardous waste management unit. If the
owner or operator fails to certify compliance with all these requirements, he
or she will lose authority to operate under this section.
(2) New wastes or units added to a facility's
permit under this subsection do not constitute expansions for the purpose of
the 25 percent capacity expansion limit for Class 2 modifications.
(h) Military hazardous waste
munitions treatment and disposal. The permittee is authorized to continue to
accept waste military munitions notwithstanding any permit conditions barring
the permittee from accepting off-site wastes, if:
(1) The facility was in existence as a
hazardous waste facility, and the facility was already permitted to handle the
waste military munitions, on the date when the waste military munitions became
subject to hazardous waste regulatory requirements;
(2) On or before the date when the waste
military munitions become subject to hazardous waste regulatory requirements,
the permittee submits a Class 1 modification request to remove or amend the
permit provision restricting the receipt of off-site waste munitions;
and
(3) The permittee submits a
complete Class 2 modification request within 180 days of the date when the
waste military munitions became subject to hazardous waste regulatory
requirements.
(i) Permit
modification list. The Director must maintain a list of all approved permit
modifications and must publish a notice once a year in a State-wide newspaper
that an updated list is available for review.
(j) Combustion facility changes to meet 40
CFR Part 63 MACT standards. The following procedures apply to hazardous waste
combustion facility permit modifications requested under Appendix I of this
section, section L(9).
(1) Facility owners or
operators must have complied with the Notification of Intent to Comply (NIC)
requirements of
40 CFR
63.1210 that were in effect prior to October
11, 2000 (See 40 CFR Part 63 §§
63.1200-63.1499 Revised as of July 1,
2000) in order to request a permit modification under this section for the
purpose of technology changes needed to meet the standards under 40 CFR Part
63.1203, 63.1204, and 63.1205.
(2)
Facility owners or operators must comply with the Notification of Intent to
Comply (NIC) requirements of 40 CFR Part 63.1210(b) and 63.1212(a) before a
permit modification can be requested under this section for the purpose of
technology changes needed to meet the 40 CFR Part 63.1215, 63.1216, 63.1217,
63.1218, 63.1219, 63.1220, and 63.1221 standards promulgated on October 12,
2005.
(3) If the Director does not
approve or deny the request within 90 days of receiving it, the request shall
be deemed approved. The Director may, at his or her discretion, extend this 90
day deadline one time for up to 30 days by notifying the facility owner or
operator.
(k) Waiver of
RCRA permit conditions in support of transition to the 40 CFR Part 63 MACT
standards.
(1) You may request to have
specific RCRA operating and emissions limits waived by submitting a Class 1
permit modification request under Appendix I of this section, section L(10).
You must:
(i) Identify the specific RCRA
permit operating and emissions limits which you are requesting to
waive;
(ii) Provide an explanation
of why the changes are necessary in order to minimize or eliminate conflicts
between the RCRA permit and MACT compliance; and
(iii) Discuss how the revised provisions will
be sufficiently protective.
(iv)
The Director shall approve or deny the request within 30 days of receipt of the
request. The Director may, as his or her discretion, extend this 30 day
deadline one time for up to 30 days by notifying the facility owner or
operator.
(2) To request
this modification in conjunction with MACT performance testing where permit
limits may only be waived during actual test events and pretesting, as defined
under 40 CFR Part 63.1207(h)(2)(i) and (ii), for an aggregate time not to
exceed 720 hours of operation (renewable at the discretion of the Director) you
must:
(i) Submit your modification request to
the Director at the same time you submit your test plans to the EPA Regional
Administrator; and
(ii) The
Director may elect to approve or deny the request continent upon approval of
the test plans.
(l) [Reserved]
Appendix I to § 270.42 -- Classification of Permit Modifications
|
Modifications |
Class |
|
A. General Permit Provisions |
|
|
1. Administrative and informational changes |
1 |
|
2. Correction of typographical errors |
1 |
|
3. Equipment replacement or upgrading with functionally equivalent components (e.g., pipes, valves, pumps, conveyors, controls) |
1 |
|
4. Changes in the frequency of or procedures for monitoring, reporting, sampling, or maintenance activities by the permittee: |
|
|
a. To provide for more frequent monitoring, reporting, sampling, or maintenance |
1 |
|
b. Other changes |
2 |
|
5. Schedule of compliance: |
|
|
a. Changes in interim compliance dates, with prior approval of the Director |
11 |
|
b. Extension of final compliance date |
3 |
|
6. Changes in expiration date of permit to allow earlier permit termination, with prior approval of the Director |
11 |
|
7. Changes in ownership or operational control of a facility, provided the procedures of §270.40(b) are followed |
11 |
|
8. Changes to remove permit conditions that are no longer applicable (i.e., because the standards upon which they are based are no longer applicable to the facility). |
11 |
|
9. Changes to remove permit conditions applicable to a unit excluded under the provisions of §261.4. |
11 |
|
10. Changes in the expiration date of a permit issued to a facility at which all units are excluded under the provisions of §261.4. |
11 |
|
B. General Facility Standards |
|
|
1. Changes to waste sampling or analysis methods: |
|
|
a. To conform with agency guidance or rules |
1 |
|
b. To incorporate changes associated with F039 (multi-source leachate) sampling or analysis methods |
1 |
|
c. To incorporate changes associated with underlying hazardous constituents in ignitable or corrosive wastes |
11 |
|
d. Other changes |
2 |
|
2. Changes to analytical quality assurance/control plan: |
|
|
a. To conform with agency guidance or rules |
1 |
|
b. Other changes |
2 |
|
3. Changes in procedures for maintaining the operating record |
1 |
|
4. Changes in frequency or content of inspection schedules |
2 |
|
5. Changes in the training plan: |
|
|
a. That affect the type or decrease the amount of training given to employees |
2 |
|
b. Other changes |
1 |
|
6. Contingency plan: |
|
|
a. Changes in emergency procedures (i.e., spill or release response procedures) |
2 |
|
b. Replacement with functionally equivalent equipment, upgrade, or relocate emergency equipment listed |
1 |
|
c. Removal of equipment from emergency equipment list |
2 |
|
d. Changes in name, address, or phone number of coordinators or other persons or agencies identified in the plan |
1 |
|
7. Construction quality assurance plan: |
|
|
a. Changes that the CQA officer certifies in the operating record will provide equivalent or better certainty that the unit components meet the design specifications |
1 |
|
b. Other changes |
2 |
|
Note: When a permit modification (such as introduction of a new unit) requires a change in facility plans or other general facility standards, that change shall be reviewed under the same procedures as the permit modification. |
|
|
C. Ground-Water Protection |
|
|
1. Changes to wells: |
|
|
a. Changes in the number, location, depth, or design of upgradient or downgradient wells of permitted ground-water monitoring system |
2 |
|
b. Replacement of an existing well that has been damaged or rendered inoperable, without change to location, design, or depth of the well |
1 |
|
2. Changes in ground-water sampling or analysis procedures or monitoring schedule, with prior approval of the Director |
11 |
|
3. Changes in statistical procedure for determining whether a statistically significant change in ground-water quality between upgradient and downgradient wells has occurred, with prior approval of the Director |
11 |
|
4. Changes in point of compliance |
2 |
|
5. Changes in indicator parameters, hazardous constituents, or concentration limits (including ACLs): |
|
|
a. As specified in the groundwater protection standard |
3 |
|
b. As specified in the detection monitoring program |
2 |
|
6. Changes to a detection monitoring program as required by §264.98(h), unless otherwise specified in this appendix |
2 |
|
7. Compliance monitoring program: |
|
|
a. Addition of compliance monitoring program as required by §§264.98(g)(4) and 264.99 |
3 |
|
b. Changes to a compliance monitoring program as required by §264.99(j), unless otherwise specified in this appendix |
2 |
|
8. Corrective action program: |
|
|
a. Addition of a corrective action program as required by §§264.99(h)(2) and 264.100 |
3 |
|
b. Changes to a corrective action program as required by §264.100(h), unless otherwise specified in this appendix |
2 |
|
D. Closure |
|
|
1. Changes to the closure plan: |
|
|
a. Changes in estimate of maximum extent of operations or maximum inventory of waste on-site at any time during the active life of the facility, with prior approval of the Director |
11 |
|
b. Changes in the closure schedule for any unit, changes in the final closure schedule for the facility, or extension of the closure period, with prior approval of the Director |
11 |
|
c. Changes in the expected year of final closure, where other permit conditions are not changed, with prior approval of the Director |
11 |
|
d. Changes in procedures for decontamination of facility equipment or structures, with prior approval of the Director |
11 |
|
e. Changes in approved closure plan resulting from unexpected events occurring during partial or final closure, unless otherwise specified in this appendix |
2 |
|
f. Extension of the closure period to allow a landfill, surface impoundment or land treatment unit to receive non-hazardous wastes after final receipt of hazardous wastes under §264.113 (d) and (e) |
2 |
|
2. Creation of a new landfill unit as part of closure |
3 |
|
3. Addition of the following new units to be used temporarily for closure activities: |
|
|
a. Surface impoundments |
3 |
|
b. Incinerators |
3 |
|
c. Waste piles that do not comply with §264.250(c) |
3 |
|
d. Waste piles that comply with §264.250(c) |
2 |
|
e. Tanks or containers (other than specified below) |
2 |
|
f. Tanks used for neutralization, dewatering, phase separation, or component separation, with prior approval of the Director |
11 |
|
g. Staging piles |
2 |
|
E. Post-Closure |
|
|
1. Changes in name, address, or phone number of contact in post-closure plan |
1 |
|
2. Extension of post-closure care period |
2 |
|
3. Reduction in the post-closure care period |
3 |
|
4. Changes to the expected year of final closure, where other permit conditions are not changed |
1 |
|
5. Changes in post-closure plan necessitated by events occurring during the active life of the facility, including partial and final closure |
2 |
|
F. Containers |
|
|
1. Modification or addition of container units: |
|
|
a. Resulting in greater than 25% increase in the facility's container storage capacity, except as provided in F(1)(c) and F(4)(a) below |
3 |
|
b. Resulting in up to 25% increase in the facility's container storage capacity, except as provided in F(1)(c) and F(4)(a) below |
2 |
|
c. Or treatment processes necessary to treat wastes that are restricted from land disposal to meet some or all of the applicable treatment standards or to treat wastes to satisfy (in whole or in part) the standard of "use of practically available technology that yields the greatest environmental benefit" contained in §268.8(a)(2)(ii), with prior approval of the Director. This modification may also involve addition of new waste codes or narrative descriptions of wastes. It is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028) |
11 |
|
2. |
|
|
a. Modification of a container unit without increasing the capacity of the unit |
2 |
|
b. Addition of a roof to a container unit without alteration of the containment system |
1 |
|
3. Storage of different wastes in containers, except as provided in (F)(4) below: |
|
|
a. That require additional or different management practices from those authorized in the permit |
3 |
|
b. That do not require additional or different management practices from those authorized in the permit |
2 |
|
Note: See §270.42(g) for modification procedures to be used for the management of newly listed or identified wastes. |
|
|
4. Storage or treatment of different wastes in containers: a. That require addition of units or change in treatment process or management standards, provided that the wastes are restricted from land disposal and are to be treated to meet some or all of the applicable treatment standards, or that are to be treated to satisfy (in whole or in part) the standard of "use of practically available technology that yields the greatest environmental benefit" contained in §268.8(a)(2)(ii). This modification is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028) |
11 |
|
b. That do not require the addition of units or a change in the treatment process or management standards, and provided that the units have previously received wastes of the same type (e.g., incinerator scrubber water). This modification is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028) |
11 |
|
G. Tanks |
|
|
1. |
|
|
a. Modification or addition of tank units resulting in greater than 25% increase in the facility's tank capacity, except as provided in G(1)(c), G(1)(d), and G(1)(e) below |
3 |
|
b. Modification or addition of tank units resulting in up to 25% increase in the facility's tank capacity, except as provided in G(1)(d) and G(1)(e) below |
2 |
|
c. Addition of a new tank that will operate for more than 90 days using any of the following physical or chemical treatment technologies: neutralization, dewatering, phase separation, or component separation |
2 |
|
d. After prior approval of the Director, addition of a new tank that will operate for up to 90 days using any of the following physical or chemical treatment technologies: neutralization, dewatering, phase separation, or component separation |
11 |
|
e. Modification or addition of tank units or treatment processes necessary to treat wastes that are restricted from land disposal to meet some or all of the applicable treatment standards or to treat wastes to satisfy (in whole or in part) the standard of "use of practically available technology that yields the greatest environmental benefit" contained in §268.8(a)(2)(ii), with prior approval of the Director. This modification may also involve addition of new waste codes. It is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028) |
11 |
|
2. Modification of a tank unit or secondary containment system without increasing the capacity of the unit |
2 |
|
3. Replacement of a tank with a tank that meets the same design standards and has a capacity within ±10% of the replaced tank provided |
1 |
|
-The capacity difference is no more than 1500 gallons, |
|
|
-The facility's permitted tank capacity is not increased, and |
|
|
-The replacement tank meets the same conditions in the permit. |
|
|
4. Modification of a tank management practice |
2 |
|
5. Management of different wastes in tanks: |
|
|
a. That require additional or different management practices, tank design, different fire protection specifications, or significantly different tank treatment process from that authorized in the permit, except as provided in (G)(5)(c) below |
3 |
|
b. That do not require additional or different management practices, tank design, different fire protection specifications, or significantly different tank treatment process than authorized in the permit, except as provided in (G)(5)(d) |
2 |
|
c. That require addition of units or change in treatment processes or management standards, provided that the wastes are restricted from land disposal and are to be treated to meet some or all of the applicable treatment standards or that are to be treated to satisfy (in whole or in part) the standard of "use of practically available technology that yields the greatest environmental benefit" contained in §268.8(a)(2)(ii). The modification is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028) |
11 |
|
d. That do not require the addition of units or a change in the treatment process or management standards, and provided that the units have previously received wastes of the same type (e.g., incinerator scrubber water). This modification is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028) |
1 |
|
Note: See §270.42(g) for modification procedures to be used for the management of newly lilsted or identified wastes. |
|
|
H. Surface Impoundments |
|
|
1. Modification or addition of surface impoundment units that result in increasing the facility's surface impoundment storage or treatment capacity |
3 |
|
2. Replacement of a surface impoundment unit |
3 |
|
3. Modification of a surface impoundment unit without increasing the facility's surface impoundment storage or treatment capacity and without modifying the unit's liner, leak detection system, or leachate collection system |
2 |
|
4. Modification of a surface impoundment management practice |
2 |
|
5. Treatment, storage, or disposal of different wastes in surface impoundments: |
|
|
a. That require additional or different management practices or different design of the liner or leak detection system than authorized in the permit |
3 |
|
b. That do not require additional or different management practices or different design of the liner or leak detection system than authorized in the permit |
2 |
|
c. That are wastes restricted from land disposal that meet the applicable treatment standards or that are treated to satisfy the standard of "use of practically available technology that yields the greatest environmental benefit" contained in §269.8(a)(2)(ii), and provided that the unit meets the minimum technological requirements stated in §268.5(h)(2). This modification is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028) |
1 |
|
d. That are residues from wastewater treatment or incineration, provided that disposal occurs in a unit that meets the minimum technological requirements stated in §268.5(h)(2), and provided further that the surface impoundment has previously received wastes of the same type (for example, incinerator scrubber water). This modification is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028) |
1 |
|
6. Modifications of unconstructed units to comply with §§264.221(c), 264.222, 264.223, and 264.226(d) |
11 |
|
7. Changes in response action plan: |
|
|
a. Increase in action leakage rate |
3 |
|
b. Change in a specific response reducing its frequency or effectiveness |
3 |
|
c. Other changes |
2 |
|
Note: See §270.42(g) for modification procedures to be used for the management of newly listed or identified wastes |
|
|
I. Enclosed Waste Piles. For all waste piles except those complying with §264.250(c), modifications are treated the same as for a landfill. The following modifications are applicable only to waste piles complying with §264.250(c). |
|
|
1. Modification or addition of waste pile units: |
|
|
a. Resulting in greater than 25% increase in the facility's waste pile storage or treatment capacity |
3 |
|
b. Resulting in up to 25% increase in the facility's waste pile storage or treatment capacity |
2 |
|
2. Modification of waste pile unit without increasing the capacity of the unit |
2 |
|
3. Replacement of a waste pile unit with another waste pile unit of the same design and capacity and meeting all waste pile conditions in the permit |
1 |
|
4. Modification of a waste pile management practice |
2 |
|
5. Storage or treatment of different wastes in waste piles: |
|
|
a. That require additional or different management practices or different design of the unit |
3 |
|
b. That do not require additional or different management practices or different design of the unit |
2 |
|
6. Conversion of an enclosed waste pile to a containment building unit |
2 |
|
Note: See §270.42(g) for modification procedures to be used for the management of newly listed or identified wastes. |
|
|
J. Landfills and Unenclosed Waste Piles |
|
|
1. Modification or addition of landfill units that result in increasing the facility's disposal capacity |
3 |
|
2. Replacement of a landfill |
3 |
|
3. Addition or modification of a liner, leachate collection system, leachate detection system, run-off control, or final cover system |
3 |
|
4. Modification of a landfill unit without changing a liner, leachate collection system, leachate detection system, run-off control, or final cover system |
2 |
|
5. Modification of a landfill management practice |
2 |
|
6. Landfill different wastes: |
|
|
a. That require additional or different management practices, different design of the liner, leachate collection system, or leachate detection system |
3 |
|
b. That do not require additional or different management practices, different design of the liner, leachate collection system, or leachate detection system |
2 |
|
c. That are wastes restricted from land disposal that meet the applicable treatment standards or that are treated to satisfy the standard of "use of practically available technology that yields the greatest environmental benefit" contained in §268.8(a)(2)(ii), and provided that the landfill unit meets the minimum technological requirements stated in §268.5(h)(2). This modification is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028) |
1 |
|
d. That are residues from wastewater treatment or incineration, provided that disposal occurs in a landfill unit that meets the minimum technological requirements stated in §268.5(h)(2), and provided further that the landfill has previously received wastes of the same type (for example, incinerator ash). This modification is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028) |
1 |
|
7. Modifications of unconstructed units to comply with §§264.251(c), 264.252, 264.253, 264.254(c), 264.301(c), 264.302, 264.303(c), and 264.304 |
11 |
|
8. Changes in response action plan: |
|
|
a. Increase in action leakage rate |
3 |
|
b. Change in a specific response reducing its frequency or effectiveness |
3 |
|
c. Other changes |
2 |
|
Note: See §270.42(g) for modification procedures to be used for the management of newly listed or identified wastes. |
|
|
K. Land Treatment |
|
|
1. Lateral expansion of or other modification of a land treatment unit to increase areal extent |
3 |
|
2. Modification of run-on control system |
2 |
|
3. Modify run-off control system |
3 |
|
4. Other modifications of land treatment unit component specifications or standards required in permit |
2 |
|
5. Management of different wastes in land treatment units: |
|
|
a. That require a change in permit operating conditions or unit design specifications |
3 |
|
b. That do not require a change in permit operating conditions or unit design specifications |
2 |
|
Note: See §270.42(g) for modification procedures to be used for the management of newly listed or identified wastes |
|
|
6. Modification of a land treatment unit management practice to: |
|
|
a. Increase rate or change method of waste application |
3 |
|
b. Decrease rate of waste application |
1 |
|
7. Modification of a land treatment unit management practice to change measures of pH or moisture content, or to enhance microbial or chemical reactions |
2 |
|
8. Modification of a land treatment unit management practice to grow food chain crops, to add to or replace existing permitted crops with different food chain crops, or to modify operating plans for distribution of animal feeds resulting from such crops |
3 |
|
9. Modification of operating practice due to detection of releases from the land treatment unit pursuant to §264.278(g)(2) |
3 |
|
10. Changes in the unsaturated zone monitoring system, resulting in a change to the location, depth, number of sampling points, or replace unsaturated zone monitoring devices or components of devices with devices or components that have specifications different from permit requirements |
3 |
|
11. Changes in the unsaturated zone monitoring system that do not result in a change to the location, depth, number of sampling points, or that replace unsaturated zone monitoring devices or components of devices with devices or components having specifications different from permit requirements |
2 |
|
12. Changes in background values for hazardous constituents in soil and soil-pore liquid |
2 |
|
13. Changes in sampling, analysis, or statistical procedure |
2 |
|
14. Changes in land treatment demonstration program prior to or during the demonstration |
2 |
|
15. Changes in any condition specified in the permit for a land treatment unit to reflect results of the land treatment demonstration, provided performance standards are met, and the Director's prior approval has been received |
11 |
|
16. Changes to allow a second land treatment demonstration to be conducted when the results of the first demonstration have not shown the conditions under which the wastes can be treated completely, provided the conditions for the second demonstration are substantially the same as the conditions for the first demonstration and have received the prior approval of the Director |
11 |
|
17. Changes to allow a second land treatment demonstration to be conducted when the results of the first demonstration have not shown the conditions under which the wastes can be treated completely, where the conditions for the second demonstration are not substantially the same as the conditions for the first demonstration |
3 |
|
18. Changes in vegetative cover requirements for closure |
2 |
|
L. Incinerators, Boilers, and Industrial Furnaces: |
|
|
1. Changes to increase by more than 25% any of the following limits authorized in the permit: A thermal feed rate limit, a feedstream feed rate limit, a chlorine/chloride feed rate limit, a metal feed rate limit, or an ash feed rate limit. The Director will require a new trial burn to substantiate compliance with the regulatory performance standards unless this demonstration can be made through other means |
3 |
|
2. Changes to increase by up to 25% any of the following limits authorized in the permit: A thermal feed rate limit, a feedstream feed rate limit, a chlorine/chloride feed rate limit, a metal feed rate limit, or an ash feed rate limit. The Director will require a new trial burn to substantiate compliance with the regulatory performance standards unless this demonstration can be made through other means |
2 |
|
3. Modification of an incinerator, boiler, or industrial furnace unit by changing the internal size or geometry of the primary or secondary combustion units, by adding a primary or secondary combustion unit, by substantially changing the design of any component used to remove HCl/Cl2, metals, or particulate from the combustion gases, or by changing other features of the incinerator, boiler, or industrial furnace that could affect its capability to meet the regulatory performance standards. The Director will require a new trial burn to substantiate compliance with the regulatory performance standards unless this demonstration can be made through other means |
3 |
|
4. Modification of an incinerator, boiler, or industrial furnace unit in a manner that would not likely affect the capability of the unit to meet the regulatory performance standards but which would change the operating conditions or monitoring requirements specified in the permit. The Director may require a new trial burn to demonstrate compliance with the regulatory performance standards |
2 |
|
5. Operating requirements: |
|
|
a. Modification of the limits specified in the permit for minimum or maximum combustion gas temperature, minimum combustion gas residence time, oxygen concentration in the secondary combustion chamber, flue gas carbon monoxide and hydrocarbon concentration, maximum temperature at the inlet to the particulate matter emission control system, or operating parameters for the air pollution control system. The Director will require a new trial burn to substantiate compliance with the regulatory performance standards unless this demonstration can be made through other means |
3 |
|
b. Modification of any stack gas emission limits specified in the permit, or modification of any conditions in the permit concerning emergency shutdown or automatic waste feed cutoff procedures or controls |
3 |
|
c. Modification of any other operating condition or any inspection or recordkeeping requirement specified in the permit |
2 |
|
6. Burning different wastes: |
|
|
a. If the waste contains a POHC that is more difficult to burn than authorized by the permit or if burning of the waste requires compliance with different regulatory performance standards than specified in the permit. The Director will require a new trial burn to substantiate compliance with the regulatory performance standards unless this demonstration can be made through other means |
3 |
|
b. If the waste does not contain a POHC that is more difficult to burn than authorized by the permit and if burning of the waste does not require compliance with different regulatory performance standards than specified in the permit |
2 |
|
Note: See §270.42(g) for modification procedures to be used for the management of newly listed or identified wastes |
|
|
7. Shakedown and trial burn: |
|
|
a. Modification of the trial burn plan or any of the permit conditions applicable during the shakedown period for determining operational readiness after construction, the trial burn period, or the period immediately following the trial burn |
2 |
|
b. Authorization of up to an additional 720 hours of waste burning during the shakedown period for determining operational readiness after construction, with the prior approval of the Director |
11 |
|
c. Changes in the operating requirements set in the permit for conducting a trial burn, provided the change is minor and has received the prior approval of the Director |
11 |
|
d. Changes in the ranges of the operating requirements set in the permit to reflect the results of the trial burn, provided the change is minor and has received the prior approval of the Director |
11 |
|
8. Substitution of an alternative type of nonhazardous waste fuel that is not specified in the permit |
1 |
|
9. Technology changes needed to meet standards under 40 CFR part 63 (Subpart EEE-National Emission Standards for Hazardous Air Pollutants From Hazardous Waste Combustors), provided the procedures of §270.42(j) are followed. |
11 |
|
10. Changes to RCRA permit provisions needed to support transition to 40 CFR part 63 (Subpart EEE-National Emission Standards for Hazardous Air Pollutants From Hazardous Waste Combustors), provided the procedures of §270.42(k) are followed. |
|
|
M. Containment Buildings. |
|
|
1. Modification or addition of containment building units: |
|
|
a. Resulting in greater than 25% increase in the facility's containment building storage or treatment capacity |
3 |
|
b. Resulting in up to 25% increase in the facility's containment building storage or treatment capacity |
2 |
|
2. Modification of a containment building unit or secondary containment system without increasing the capacity of the unit |
2 |
|
3. Replacement of a containment building with a containment building that meets the same design standards provided: |
|
|
a. The unit capacity is not increased |
1 |
|
b. The replacement containment building meets the same conditions in the permit |
1 |
|
4. Modification of a containment building management practice |
2 |
|
5. Storage or treatment of different wastes in containment buildings: |
|
|
a. That require additional or different management practices |
3 |
|
b. That do not require additional or different management practices |
2 |
|
N. Corrective Action: |
|
|
1. Approval of a corrective action management unit pursuant to §264.552 |
3 |
|
2. Approval of a temporary unit or time extension for a temporary unit pursuant to §264.553 |
2 |
|
3. Approval of a staging pile or staging pile operating term extension pursuant to §264.554 |
2 |
|
O. Burden Reduction |
|
|
1. [Reserved] |
|
|
2. Development of one contingency plan based on Integrated Contingency Plan Guidance pursuant to §264.52(b) |
1 |
|
3. Changes to recordkeeping and reporting requirements pursuant to: §§264.56(i), 264.343(a)(2), 264.1061(b)(1),(d), 264.1062(a)(2), 264.196(f), 264.100(g), and 264.113(e)(5) |
1 |
|
4. Changes to inspection frequency for tank systems pursuant to §264.195(b) |
1 |
|
5. Changes to detection and compliance monitoring program pursuant to §§264.98(d), (g)(2), and (g)(3), 264.99(f), and (g) |
FOOTNOTE: 1 Class 1 modifications requiring prior Divisional approval.
§
270.43
Termination of permits
(a) The following are causes for terminating
a permit during its term, or for denying a permit renewal application:
(1) Noncompliance by the permittee with any
condition of the permit;
(2) The
permittee's failure in the application or during the permit issuance process to
disclose fully all relevant facts, or the permittee's misrepresentation of any
relevant facts at any time; or
(3)
A determination that the permitted activity endangers human health or the
environment and can only be regulated to acceptable levels by permit
modification or termination.
(b) The Director shall follow the applicable
procedures in APC&EC Rule No. 8, 40 CFR Part 124 or Part 22, as appropriate
in terminating any permit under this section.
Subsection E
-- Expiration and
Continuation of Permits
§ 270.50
Duration of Permits
(a) HWM
permits shall be effective for a fixed term not to exceed 10 years.
(b) The term of a permit shall not be
extended by modification beyond the maximum duration specified in this
section.
(c) The Director may issue
any permit for a duration that is less than the full allowable term under this
section.
(d) Each permit for a land
disposal facility shall be reviewed by the Director five years after the date
of permit issuance or reissuance and shall be modified as necessary, as
provided in § 270.41.
§
270.51
Continuation of Expiring Permits
(a) EPA permits. When EPA is the
permit-issuing authority, the conditions of an expired permit continue in force
under
5
U.S.C. 558(c) until the
effective date of a new permit (see
40 CFR §
124.15) if:
(1) The permittee has submitted a timely
application under § 270.14 and the applicable sections in §§
270.15 through 270.29 which is a complete (under § 270.10(c)) application
for a newpermit; and
(2) The
Regional Administrator through no fault of the permittee, does not issue a new
permit with an effective date under
40 CFR
124.15 on or before the expiration date of
the previous permit (for example, when issuance is impracticable due to time or
resource constraints).
(b) Effect. Permits continued under this
section remain fully effective and enforceable.
(c) Enforcement. When the permittee is not in
compliance with the conditions of the expiring or expired permit, the Regional
Administrator may choose to do any or all of the following:
(1) Initiate enforcement action based upon
the permit which has been continued;
(2) Issue a notice of intent to deny the new
permit under
40
CFR 124.6. If the permit is denied, the owner
or operator would then be required to cease the activities authorized by the
continued permit or be subject to enforcement action for operating without a
permit;
(3) Issue a new permit
under part 124 with appropriate conditions; or
(4) Take other actions authorized by these
rules.
(d) State
continuation. In a State with an hazardous waste program authorized under 40
CFR part 271, if a permittee has submitted a timely and complete application
under applicable State law and rules, the terms and conditions of an EPA-issued
RCRA permit continue in force beyond the expiration date of the permit, but
only until the effective date of the State's issuance or denial of a State RCRA
permit.
(e) Standardized permits.
(1) The conditions of your expired
standardized permit continue until the effective date of your new permit (see
40 CFR
124.15) if all of the following are true:
(i) If EPA is the permit-issuing
authority.
(ii) If you submit a
timely and complete Notice of Intent under
40
CFR 124.202(b) requesting
coverage under a RCRA standardized permit; and
(iii) If the Director, through no fault on
your part, does not issue your permit before your previous permit expires (for
example, where it is impractical to make the permit effective by that date
because of time or resource constraints).
(2) In some cases, the Director may notify
you that you are not eligible for a standardized permit (see
40
CFR 124.206). In those cases, the conditions
of your expired permit will continue if you submit the information specified in
paragraph (a)(1) of this section (that is, a complete application for a new
permit) within 60 days after you receive our notification that you are not
eligible for a standardized permit.
Subsection F
-- Special Forms of
Permits
§ 270.60
Permits by
rule
Notwithstanding any other provision of this section or Rule No. 8, the following shall be deemed to have an HWM permit if the conditions listed are met:
(a) [Reserved]
(b) Injection wells. The owner or operator of
an injection well disposing of hazardous waste, if the owner or operator:
(1) Has a permit for underground injection
issued under 40 CFR Part 144 or 145 ; and
(2) Complies with the conditions of that
permit and the requirements of § 144.14 (requirements for wells managing
hazardous waste).
(3) For UIC
permits issued after November 8, 1984:
(i)
Complies with Section 264.101; and
(ii) Where the UIC well is the only unit at a
facility which requires an HWM permit, complies with Section
270.14(d).
(c)
Publicly owned treatment works. The owner or operator of a POTW which accepts
for treatment hazardous waste, if the owner or operator:
(1) Has an NPDES permit;
(2) Complies with the conditions of that
permit; and
(3) Complies with the
following rules:
(i) Section 264.11,
Identification number;
(ii) Section
264.71, Use of manifest system;
(iii) Section 264.72, Manifest
discrepancies;
(iv) Section
264.73(a) and (b)(1), Operating record;
(v) Section 264.75, Annual report;
(vi) Section 264.76, Unmanifested waste
report; and
(vii) For NPDES permits
issued after November 8, 1984, Section 264.101.
(4) If the waste meets all Federal, State,
and local pretreatment requirements which would be applicable to the waste if
it were being discharged into the POTW through a sewer, pipe, or similar
conveyance.
§
270.61
Emergency permits
(a) Notwithstanding any other provision of
this Section or Rule No. 8, in the event the Director finds an imminent and
substantial endangerment to human health or the environment the Director may
issue a temporary emergency permit:
(1) To a
non-permitted facility to allow treatment, storage, or disposal of hazardous
waste or
(2) to a permitted facility
to allow treatment, storage, or disposal of a hazardous waste not covered by an
effective permit.
(b)
This emergency permit:
(1) May be oral or
written. If oral, it shall be followed in five days by a written emergency
permit;
(2) Shall not exceed 90
days in duration;
(3) Shall clearly
specify the hazardous wastes to be received, and the manner and location of
their treatment, storage, or disposal;
(4) May be terminated by the Director at any
time without process if he or she determines that termination is appropriate to
protect human health and the environment;
(5) Shall be accompanied by a public notice
published under Rule No. 8 and § 270.7 of this Rule including:
(i) Name and address of the office granting
the emergency authorization;
(ii)
Name and location of the permitted HWM facility;
(iii) A brief description of the wastes
involved;
(iv) A brief description
of the action authorized and reasons for authorizing it; and
(v) Duration of the emergency permit;
and
(6) Shall
incorporate, to the extent possible and not inconsistent with the emergency
situation, all applicable requirements of this part and Sections 264 and
266.
§
270.62
Hazardous waste incinerator permits
When an owner or operator of a hazardous waste incineration unit becomes subject to RCRA permit requirements after October 12, 2005, or when an owner or operator of an existing hazardous waste incineration unit demonstrates compliance with the air emission standards and limitations in 40 CFR Part 63, subpart EEE, (i.e., by conducting a comprehensive performance test and submitting a Notification of Compliance under 40 CFR Part 63.1207(j) and 63.1210(d) documenting compliance with all applicable requirements of 40 CFR Part 63, subpart EEE,), the requirements of this section do not apply, except those provisions the Director determines are necessary to ensure compliance with Sections 264.345(a) and 264.345(c) of this Rule if you elect to comply with § 270.235(a)(1)(i) to minimize emissions of toxic compounds from startup, shutdown, and malfunction events. Nevertheless, the Director may apply the provisions of this section, on a case-by-case basis, for purposes of information collection in accordance with §§ 270.10(k), 270.10(l), 270.32(b)(2), and 270.32(b)(3) of this Rule.
(a) For the purposes of determining
operational readiness following completion of physical construction, the
Director must establish permit conditions, including but not limited to
allowable waste feeds and operating conditions, in the permit to a new
hazardous waste incinerator. These permit conditions will be effective for the
minimum time required to bring the incinerator to a point of operational
readiness to conduct a trial burn, not to exceed 720 hours operating time for
treatment of hazardous waste. The Director may extend the duration of this
operational period once, for up to 720 additional hours, at the request of the
applicant when good cause is shown. The permit may be modified to reflect the
extension according to § 270.42 of this rule.
(1) Applicants must submit a statement, with
PartB of the permit application, which suggests the conditions necessary to
operate in compliance with the performance standards of § 264.343 of this
rule during this period. This statement should include, at a minimum,
restrictions on waste constituents, waste feed rates and the operating
parameters identified in § 264.345 of this rule.
(2) The Director will review this statement
and any other relevant information submitted with Part B of the permit
application and specify requirements for this period sufficient to meet the
performance standards of § 264.343 of this rule based on his engineering
judgment.
(b) For the
purposes of determining feasibility of compliance with the performance
standards of § 264.343 of this rule and of determining adequate operating
conditions under § 264.345 of this rule, the Director must establish
conditions in the permit for a new hazardous waste incinerator to be effective
during the trial burn.
(1) Applicants must
propose a trial burn plan, prepared under paragraph (b)(2) of this section with
a Part B of the permit application.
(2) The trial burn plan must include the
following information:
(i) An analysis of each
waste or mixture of wastes to be burned which includes:
(A) Heat value of the waste in the form and
composition in which it will be burned.
(B) Viscosity (if applicable), or description
of the physical form of the waste.
(C) An identification of any hazardous
organic constituents listed in Section 261, appendix VIII of this rule, which
are present in the waste to be burned, except that the applicant need not
analyze for constituents listed in Section 261, appendix VIII, of this rule
which would reasonably not be expected to be found in the waste. The
constituents excluded from analysis must be identified, and the basis for the
exclusion stated. The waste analysis must rely on appropriate analytical
techniques.
(D) An approximate
quantification of the hazardous constituents identified in the waste, within
the precision produced by appropriate analytical methods.
(ii) A detailed engineering description of
the incinerator for which the permit is sought including:
(A) Manufacturer's name and model number of
incinerator (if available).
(B)
Type of incinerator.
(C) Linear
dimensions of the incinerator unit including the cross sectional area of
combustion chamber.
(D) Description
of the auxiliary fuel system (type/feed).
(E) Capacity of prime mover.
(F) Description of automatic waste feed
cut-off system(s).
(G) Stack gas
monitoring and pollution control equipment. (H) Nozzle and burner
design.
(I) Construction
materials.
(J) Location and
description of temperature, pressure, and flow indicating and control
devices.
(iii) A detailed
description of sampling and monitoring procedures, including sampling and
monitoring locations in the system, the equipment to be used, sampling and
monitoring frequency, and planned analytical procedures for sample
analysis.
(iv) A detailed test
schedule for each waste for which the trial burn is planned including date(s),
duration, quantity of waste to be burned, and other factors relevant to the
Director's decision under paragraph (b)(5) of this section.
(v) A detailed test protocol, including, for
each waste identified, the ranges of temperature, waste feed rate, combustion
gas velocity, use of auxiliary fuel, and any other relevant parameters that
will be varied to affect the destruction and removal efficiency of the
incinerator.
(vi) A description of,
and planned operating conditions for, any emission control equipment which will
be used.
(vii) Procedures for
rapidly stopping waste feed, shutting down the incinerator, and controlling
emissions in the event of an equipment malfunction.
(viii) Such other information as the Director
reasonably finds necessary to determine whether to approve the trial burn plan
in light of the purposes of this paragraph and the criteria in paragraph (b)(5)
of this section.
(3) The
Director, in reviewing the trial burn plan, shall evaluate the sufficiency of
the information provided and may require the applicant to supplement this
information, if necessary, to achieve the purposes of this paragraph.
(4) Based on the waste analysis data in the
trial burn plan, the Director will specify as trial Principal Organic Hazardous
Constituents (POHCs), those constituents for which destruction and removal
efficiencies must be calculated during the trial burn. These trial POHCs will
be specified by the Director based on his estimate of the difficulty of
incineration of the constituents identified in the waste analysis, their
concentration or mass in the waste feed, and, for wastes listed in Section 261,
Subsection D, of this rule, the hazardous waste organic constituent or
constituents identified in Appendix VII of that part as the basis for
listing.
(5) The Director shall
approve a trial burn plan if he finds that:
(i) The trial burn is likely to determine
whether the incinerator performance standard required by § 264.343 of this
rule can be met;
(ii) The trial
burn itself will not present an imminent hazard to human health or the
environment;
(iii) The trial burn
will help the Director to determine operating requirements to be specified
under § 264.345 of this rule; and
(iv) The information sought in paragraphs
(b)(5) (i) and (ii) of this section cannot reasonably be developed through
other means.
(6) The
owner or operator must send a notice to all persons on the
facility mailing list as set forth in
40 CFR
124.10(c)(1)(ix) and to the
appropriate units of State and local government as set forth in
40 CFR
124.10(c)(1)(x) announcing
the scheduled commencement and completion dates for the trial burn. The
applicant may not commence the trial burn until after such notice has been
issued.
(i) This notice must be mailed within
a reasonable time period before the scheduled trial burn. An additional notice
is not required if the trial burn is delayed due to circumstances beyond the
control of the facility or the permitting agency.
(ii) This notice must contain:
(A) The name and telephone number of the
applicant's contact person;
(B) The
name and telephone number of the permitting agency's contact office;
(C) The location where the approved trial
burn plan and any supporting documents can be reviewed and copied;
and
(D) An expected time period for
commencement and completion of the trial burn.
(7) During each approved trial burn (or as
soon after the burn as is practicable), the applicant must make the following
determinations:
(i) A quantitative analysis of
the trial POHCs in the waste feed to the incinerator.
(ii) A quantitative analysis of the exhaust
gas for the concentration and mass emissions of the trial POHCs, oxygen (O2)
and hydrogen chloride (HCl).
(iii)
A quantitative analysis of the scrubber water (if any), ash residues, and other
residues, for the purpose of estimating the fate of the trial POHCs.
(iv) A computation of destruction and removal
efficiency (DRE), in accordance with the DRE formula specified in §
264.343(a) of this rule.
(v) If the
HCl emission rate exceeds 1.8 kilograms of HCl per hour (4 pounds per hour), a
computation of HCl removal efficiency in accordance with § 264.343(b) of
this rule.
(vi) A computation of
particulate emissions, in accordance with § 264.343(c) of this
rule.
(vii) An identification of
sources of fugitive emissions and their means of control.
(viii) A measurement of average, maximum, and
minimum temperatures and combustion gas velocity.
(ix) A continuous measurement of carbon
monoxide (CO) in the exhaust gas.
(x) Such other information as the Director
may specify as necessary to ensure that the trial burn will determine
compliance with the performance standards in § 264.343 of this rule and to
establish the operating conditions required by § 264.345 of this rule as
necessary to meet that performance standard.
(8) The applicant must submit to the Director
a certification that the trial burn has been carried out in accordance with the
approved trial burn plan, and must submit the results of all the determinations
required in paragraph (b)(7) of this section. This submission shall be made
within 90 days of completion of the trial burn, or later if approved by the
Director.
(9) All data collected
during any trial burn must be submitted to the Director following the
completion of the trial burn.
(10)
All submissions required by this paragraph must be certified on behalf of the
applicant by the signature of a person authorized to sign a permit application
or a report under § 270.11.
(11) Based on the results of the trial burn,
the Director shall set the operating requirements in the final permit according
to § 264.345 of this rule. The permit modification shall proceed according
to § 270.42.
(c) For
the purposes of allowing operation of a new hazardous waste incinerator
following completion of the trial burn and prior to final modification of the
permit conditions to reflect the trial burn results, the Director may establish
permit conditions, including but not limited to allowable waste feeds and
operating conditions sufficient to meet the requirements of § 264.345 of
this rule, in the permit to a new hazardous waste incinerator. These permit
conditionswill be effective for the minimum time required to complete sample
analysis, data computation and submission of the trial burn results by the
applicant, and modification of the facility permit by the Director.
(1) Applicants must submit a statement, with
Part B of the permit application, which identifies the conditions necessary to
operate in compliance with the performance standards of § 264.343 of this
rule, during this period. This statement should include, at a minimum,
restrictions on waste constituents, waste feed rates, and the operating
parameters in § 264.345 of this rule.
(2) The Director will review this statement
and any other relevant information submitted with Part B of the permit
application and specify those requirements for this period most likely to meet
the performance standards of § 264.343 of this rule based on his
engineering judgment.
(d)
For the purpose of determining feasibility of compliance with the performance
standards of § 264.343 of this rule and of determining adequate operating
conditions under § 264.345 of this rule, the applicant for a permit for an
existing hazardous waste incinerator must prepare and submit a trial burn plan
and perform a trial burn in accordance with § 270.19(b) and paragraphs
(b)(2) through (b)(5) and (b)(7) through (b)(10) of this rule or, instead,
submit other information as specified in § 270.19(c). The Director must
announce his or her intention to approve the trial burn plan in accordance with
the timing and distribution requirements of paragraph (b)(6) of this section.
The contents of the notice must include: the name and telephone number of a
contact person at the facility; the name and telephone number of a contact
office at the permitting agency; the location where the trial burn plan and any
supporting documents can be reviewed and copied; and a schedule of the
activities that are required prior to permit issuance, including the
anticipated time schedule for agency approval of the plan and the time period
during which the trial burn would be conducted. Applicants submitting
information under § 270.19(a) are exempt from compliance with §§
264.343 and 264.345 and, therefore, are exempt from the requirement to conduct
a trial burn. Applicants who submit trial burn plans and receive approval
before submission of a permit application must complete the trial burn and
submit the results, specified in paragraph (b)(7) of this section, with part B
of the permit application. If completion of this process conflicts with the
date set for submission of the part B application, the applicant must contact
the Director to establish a later date for submission of the part B application
or the trial burn results. Trial burn results must be submitted prior to
issuance of the permit. When the applicant submits a trial burn plan with part
B of the permit application, the Director will specify a time period prior to
permit issuance in which the trial burn must be conducted and the results
submitted.
§ 270.63
Permits for land treatment demonstrations using field test or laboratory
analyses
(a) For the purpose of
allowing an owner or operator to meet the treatment demonstration requirements
of § 264.272 of this rule, the Director may issue a treatment
demonstration permit. The permit must contain only those requirements necessary
to meet the standards in § 264.272(c).
The permit may be issued either as a treatment or disposal permit covering only the field test or laboratory analyses, or as a two-phase facility permit covering the field tests, or laboratory analyses, and design, construction operation and maintenance of the land treatment unit.
(1) The Director may issue a two-phase
facility permit if he finds that, based on information submitted in Part B of
the application, substantial, although incomplete or inconclusive, information
already exists upon which to base the issuance of a facility permit.
(2) If the Director finds that not enough
information exists upon which he can establish permit conditions to attempt to
provide for compliance with all of the requirements of Subsection M, he must
issue a treatment demonstration permit covering only the field test or
laboratory analyses.
(b)
If the Director finds that a phased permit may be issued, he will establish, as
requirements in the first phase of the facility permit, conditions for
conducting the field tests or laboratory analyses. These permit conditions will
include design and operating parameters (including the duration of the tests or
analyses and, in the case of field tests, the horizontal and vertical
dimensions of the treatment zone), monitoring procedures, post-demonstration
clean-up activities, and any other conditions which the Director finds may be
necessary under § 264.272(c). The Director will include conditions in the
second phase of the facility permit to attempt to meet all Subsection M
requirements pertaining to unit design, construction, operation, and
maintenance. The Director will establish these conditions in the second phase
of the permit based upon the substantial but incomplete or inconclusive
information contained in the Part B application.
(1) The first phase of the permit will be
effective as provided in § 124.15(b) of this rule.
(2) The second phase of the permit will be
effective as provided in paragraph (d) of this section.
(c) When the owner or operator who has been
issued a two-phase permit has completed the treatment demonstration, he must
submit to the Director a certification, signed by a person authorized to sign a
permit application or report under § 270.11, that the field tests or
laboratory analyses have been carried out in accordance with the conditions
specified in phase one of the permit for conducting such tests or analyses. The
owner or operator must also submit all data collected during the field tests or
laboratory analyses within 90 days of completion of those tests or analyses
unless the Director approves a later date.
(d) If the Director determines that the
results of the field tests or laboratory analyses meet the requirements of
§ 264.272 of this rule, he will modify the second phase of the permit to
incorporate any requirements necessary for operation of the facility in
compliance with part 264, Subsection M, of this rule, based upon the results of
the field tests or laboratory analyses.
(1)
This permit modification may proceed under § 270.42, or otherwise will
proceed as a modification under § 270.41(a)(2). If such modifications are
necessary, the second phase of the permit will become effective only after
those modifications have been made.
(2) If no modifications of the second phase
of the permit are necessary, the Director will give notice of his final
decision to the permit applicant and to each person who submitted written
comments on the phased permit or who requested notice of the final decision on
the second phase of the permit. The second phase of the permit then will become
effective as specified in § 124.15(b).
§ 270.64
Interim permits for UIC
wells
The Director may issue a permit under this part to any Class I UIC well (see 40 CFR 144.6) injecting hazardous wastes. Any such permit shall apply and insure compliance with all applicable requirements of 40 CFR part 264, Subsection R (RCRA standards for wells), and shall be for a term not to exceed two years.
§
270.65
Research, development, and demonstration
permits
(a) The Director may issue a
research, development, and demonstration permit for any hazardous waste
treatment facility which proposes to utilize an innovative and experimental
hazardous waste treatment technology or process for which permit standards for
such experimental activity have not been promulgated under Section 264 or 266.
Any such permit shall include such terms and conditions as will assure
protection of human health and the environment. Such permits:
(1) Shall provide for the construction of
such facilities as necessary, and for operation of the facility for not longer
than one year unless renewed as provided in paragraph (d) of this section,
and
(2) Shall provide for the
receipt and treatment by the facility of only those types and quantities of
hazardous waste which the Director deems necessary for purposes of determining
the efficacy and performance capabilities of the technology or process and the
effects of such technology or process on human health and the environment,
and
(3) Shall include such
requirements as the Director deems necessary to protect human health and the
environment (including, but not limited to, requirements regarding monitoring,
operation, financial responsibility, closure, and remedial action), and such
requirements as the Director deems necessary regarding testing and providing of
information to the Director with respect to the operation of the
facility.
(b) For the
purpose of expediting review and issuance of permits under this section, the
Director may, consistent with the protection of human health and the
environment, modify or waive permit application and permit issuance
requirements in Section 270 and Rule No. 8 except that there may be no
modification or waiver of rules regarding financial responsibility (including
insurance) or of procedures regarding public participation.
(c) The Director may order an immediate
termination of all operations at the facility at any time he determines that
termination is necessary to protect human health and the environment.
(d) Any permit issued under this section may
be renewed not more than three times. Each such renewal shall be for a period
of not more than 1 year.
§
270.66
Permits for boilers and industrial furnaces burning
hazardous waste
When an owner or operator of a cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace becomes subject to RCRA permit requirements after October 12, 2005 or when an owner or operator of an existing cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace demonstrates compliance with the air emission standards and limitations in 40 CFR Part 63, subpart EEE, (i.e., by conducting a comprehensive performance test and submitting a Notification of Compliance under 40 CFR Part 63.1207(j) and 63.1210(d) documenting compliance with all applicable requirements of 40 CFR Part 63, subpart EEE,), the requirements of this section do not apply. The requirements of this section do apply, however, if the Director determines certain provisions are necessary to ensure compliance with §§ 266.102(e)(1) and 266.102(e)(2)(iii) of this Rule if you elect to comply with § 270.235(a)(1)(i) to minimize emissions of toxic compounds from startup, shutdown, and malfunction events; or if you are an area source and elect to comply with the §§ 266.105, 266.106, and 266.107 standards and associated requirements for particulate matter, hydrogen chloride and chlorine gas, and non-mercury metals; or the Director determines certain provisions apply, on a case-by-case basis, for purposes of information collection in accordance with §§ 270.10(k), 270.10(l), 270.32(b)(2), and 270.32(b)(3) of this Rule.
(a)
General. Owners and operators of new boilers and industrial furnaces (those not
operating under the interim status standards of § 266.103 of this rule)
are subject to paragraphs (b) through (f) of this section. Boilers and
industrial furnaces operating under the interim status standards of §
266.103 of this rule are subject to paragraph (g) of this section.
(b) Permit operating periods for new boilers
and industrial furnaces. A permit for a new boiler or industrial furnace shall
specify appropriate conditions for the following operating periods:
(1) Pretrial burn period. For the period
beginning with initial introduction of hazardous waste and ending with
initiation of the trial burn, and only for the minimum time required to bring
the boiler or industrial furnace to a point of operational readiness to conduct
a trial burn, not to exceed 720 hours operating time when burning hazardous
waste, the Director must establish in the Pretrial Burn Period of the permit
conditions, including but not limited to, allowable hazardous waste feed rates
and operating conditions. The Director may extend the duration of this
operational period once, for up to 720 additional hours, at the request of the
applicant when good cause is shown. The permit may be modified to reflect the
extension according to § 270.42.
(i)
Applicants must submit a statement, with part B of the permit application, that
suggests the conditions necessary to operate in compliance with the standards
of §§ 266.104 through 266.107 of this rule during this period. This
statement should include, at a minimum, restrictions on the applicable
operating requirements identified in § 266.102(e) of this rule.
(ii) The Director will review this statement
and any other relevant information submitted with part B of the permit
application and specify requirements for this period sufficient to meet the
performance standards of §§ 266.104 through 266.107 of this rule
based on his/her engineering judgment.
(2) Trial burn period. For the duration of
the trial burn, the Director must establish conditions in the permit for the
purposes of determining feasibility of compliance with the performance
standards of §§ 266.104 through 266.107 of this rule and determining
adequate operating conditions under § 266.102(e) of this rule. Applicants
must propose a trial burn plan, prepared under paragraph (c) of this section,
to be submitted with part B of the permit application.
(3) Post-trial burn period.
(i) For the period immediately following
completion of the trial burn, and only for the minimum period sufficient to
allow sample analysis, data computation, and submission of the trial burn
results by the applicant, and review of the trial burn results and modification
of the facility permit by the Director to reflect the trial burn results, the
Director will establish the operating requirements most likely to ensure
compliance with the performance standards of §§ 266.104 through
266.107 of this rule based on his engineering judgment.
(ii) Applicants must submit a statement, with
part B of the application, that identifies the conditions necessary to operate
during this period in compliance with the performance standards of §§
266.104 through 266.107 of this rule. This statement should include, at a
minimum, restrictions on the operating requirements provided by §
266.102(e) of this rule.
(iii) The
Director will review this statement and any other relevant information
submitted with part B of the permit application and specify requirements for
this period sufficient to meet the performance standards of §§
266.104 through 266.107 of this rule based on his/her engineering
judgment.
(4) Final
permit period. For the final period of operation, the Director will develop
operating requirements in conformance with § 266.102(e) of this rule that
reflect conditions in the trial burn plan and are likely to ensure compliance
with the performance standards of §§ 266.104 through 266.107 of this
rule. Based on the trial burn results, the Director shall make any necessary
modifications to the operating requirements to ensure compliance with the
performance standards. The permit modification shall proceed according to
§ 270.42.
(c)
Requirements for trial burn plans. The trial burn plan must include the
following information. The Director, in reviewing the trial burn plan, shall
evaluate the sufficiency of the information provided and may require the
applicant to supplement this information, if necessary, to achieve the purposes
of this paragraph:
(1) An analysis of each
feed stream, including hazardous waste, other fuels, and industrial furnace
feed stocks, as fired, that includes:
(i)
Heating value, levels of antimony, arsenic, barium, beryllium, cadmium,
chromium, lead, mercury, silver, thallium, total chlorine/chloride, and
ash;
(ii) Viscosity or description
of the physical form of the feed stream;
(2) An analysis of each hazardous waste, as
fired, including:
(i) An identification of any
hazardous organic constituents listed in appendix VIII, Section 261, of this
rule that are present in the feed stream, except that the applicant need not
analyze for constituents listed in appendix VIII that would reasonably not be
expected to be found in the hazardous waste. The constituents excluded from
analysis must be identified and the basis for this exclusion explained. The
waste analysis must be conducted in accordance with appropriate analytical
techniques.
(ii) An approximate
quantification of the hazardous constituents identified in the hazardous waste,
within the precision produced by appropriate analytical methods.
(iii) A description of blending procedures,
if applicable, prior to firing the hazardous waste, including a detailed
analysis of the hazardous waste prior to blending, an analysis of the material
with which the hazardous waste is blended, and blending ratios.
(3) A detailed engineering
description of the boiler or industrial furnace, including:
(i) Manufacturer's name and model number of
the boiler or industrial furnace;
(ii) Type of boiler or industrial
furnace;
(iii) Maximum design
capacity in appropriate units;
(iv)
Description of the feed system for the hazardous waste, and, as appropriate,
other fuels and industrial furnace feedstocks;
(v) Capacity of hazardous waste feed
system;
(vi) Description of
automatic hazardous waste feed cutoff system(s); and
(vii) Description of any pollution control
system; and
(viii) Description of
stack gas monitoring and any pollution control monitoring systems.
(4) A detailed description of
sampling and monitoring procedures including sampling and monitoring locations
in the system, the equipment to be used, sampling and monitoring frequency, and
planned analytical procedures for sample analysis.
(5) A detailed test schedule for each
hazardous waste for which the trial burn is planned, including date(s),
duration, quantity of hazardous waste to be burned, and other factors relevant
to the Director's decision under paragraph (b)(2) of this section.
(6) A detailed test protocol, including, for
each hazardous waste identified, the ranges of hazardous waste feed rate, and,
as appropriate, the feed rates of other fuels and industrial furnace
feedstocks, and any other relevant parameters that may affect the ability of
the boiler or industrial furnace to meet the performance standards in
§§ 266.104 through 266.107 of this rule.
(7) A description of, and planned operating
conditions for, any emission control equipment that will be used.
(8) Procedures for rapidly stopping the
hazardous waste feed and controlling emissions in the event of an equipment
malfunction.
(9) Such other
information as the Director reasonably finds necessary to determine whether to
approve the trial burn plan in light of the purposes of this paragraph and the
criteria in paragraph (b)(2) of this section.
(d) Trial burn procedures.
(1) A trial burn must be conducted to
demonstrate conformance with the standards of §§ 266.104 through
266.107 of this rule under an approved trial burn plan.
(2) The Director shall approve a trial burn
plan if he/she finds that:
(i) The trial burn
is likely to determine whether the boiler or industrial furnace can meet the
performance standards of §§ 266.104 through 266.107 of this
rule;
(ii) The trial burn itself
will not present an imminent hazard to human health and the
environment;
(iii) The trial burn
will help the Director to determine operating requirements to be specified
under § 266.102(e) of this rule; and
(iv) The information sought in the trial burn
cannot reasonably be developed through other means.
(3) The owner or operator
must send a notice to all persons on the facility mailing list as set
forth in
40 CFR
124.10(c)(1)(ix) and to the
appropriate units of State and local government as set forth in
40 CFR
124.10(c)(1)(x) announcing
the scheduled commencement and completion dates for the trial burn. The
applicant may not commence the trial burn until after such notice has been
issued.
(i) This notice must be mailed within
a reasonable time period before the trial burn. An additional notice is not
required if the trial burn is delayed due to circumstances beyond the control
of the facility or the permitting agency.
(ii) This notice must contain:
(A) The name and telephone number of
applicant's contact person;
(B) The
name and telephone number of the permitting agency contact office;
(C) The location where the approved trial
burn plan and any supporting documents can be reviewed and copied;
and
(D) An expected time period for
commencement and completion of the trial burn.
(4) The applicant must submit to the Director
a certification that the trial burn has been carried out in accordance with the
approved trial burn plan, and must submit the results of all the determinations
required in paragraph (c) of this section. This submission shall be made within
90 days of completion of the trial burn, or later if approved by the
Director.
(5) All data collected
during any trial burn must be submitted to the Director following completion of
the trial burn.
(6) All submissions
required by this paragraph must be certified on behalf of the applicant by the
signature of a person authorized to sign a permit application or a report under
§ 270.11.
(e)
Special procedures for DRE trial burns. When a DRE trial burn is required under
§ 266.104(a) of this rule, the Director will specify (based on the
hazardous waste analysis data and other information in the trial burn plan) as
trial Principal Organic Hazardous Constituents (POHCs) those compounds for
which destruction and removal efficiencies must be calculated during the trial
burn. These trial POHCs will be specified by the Director based on information
including his/her estimate of the difficulty of destroying the constituents
identified in the hazardous waste analysis, their concentrations or mass in the
hazardous waste feed, and, for hazardous waste containing or derived from
wastes listed in Section 261, Subsection D of this rule, the hazardous waste
organic constituent(s) identified in Appendix VII of that part as the basis for
listing.
(f) Determinations based
on trial burn. During each approved trial burn (or as soon after the burn as is
practicable), the applicant must make the following determinations:
(1) A quantitative analysis of the levels of
antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury,
thallium, silver, and chlorine/chloride, in the feed streams (hazardous waste,
other fuels, and industrial furnace feedstocks);
(2) When a DRE trial burn is required under
§ 266.104(a) of this rule:
(i) A
quantitative analysis of the trial POHCs in the hazardous waste feed;
(ii) A quantitative analysis of the stack gas
for the concentration and mass emissions of the trial POHCs; and
(iii) A computation of destruction and
removal efficiency (DRE), in accordance with the DRE formula specified in
§ 266.104(a) of this rule;
(3) When a trial burn for chlorinated dioxins
and furans is required under § 266.104(e) of this rule, a quantitative
analysis of the stack gas for the concentration and mass emission rate of the
2,3,7,8-chlorinated tetra-octa congeners of chlorinated dibenzo-p-dioxins and
furans, and a computation showing conformance with the emission
standard.
(4) When a trial burn for
particulate matter, metals, or HCl/Cl2 is required under §§ 266.105,
266.106 (c) or (d), or 266.107 (b)(2) or (c) of this rule, a quantitative
analysis of the stack gas for the concentrations and mass emissions of
particulate matter, metals, or hydrogen chloride (HCl) and chlorine (Cl2), and
computations showing conformance with the applicable emission performance
standards;
(5) When a trial burn
for DRE, metals, or HCl/Cl2 is required under §§ 266.104(a), 266.106
(c) or (d), or 266.107 (b)(2) or (c) of this rule, a quantitative analysis of
the scrubber water (if any), ash residues, other residues, and products for the
purpose of estimating the fate of the trial POHCs, metals, and
chlorine/chloride;
(6) An
identification of sources of fugitive emissions and their means of
control;
(7) A continuous
measurement of carbon monoxide (CO), oxygen, and where required, hydrocarbons
(HC), in the stack gas; and
(8)
Such other information as the Director may specify as necessary to ensure that
the trial burn will determine compliance with the performance standards in
§§ 266.104 through 266.107 of this rule and to establish the
operating conditions required by § 266.102(e) of this rule as necessary to
meet those performance standards.
(g) Interim status boilers and industrial
furnaces. For the purpose of determining feasibility of compliance with the
performance standards of § 266.104 through 266.107 of this rule and of
determining adequate operating conditions under § 266.103 of this rule,
applicants owning or operating existing boilers or industrial furnaces operated
under the interim status standards of § 266.103 of this rule must either
prepare and submit a trial burn plan and perform a trial burn in accordance
with the requirements of this section or submit other information as specified
in § 270.22(a)(6). The Director must announce his or her intention to
approve of the trial burn plan in accordance with the timing and distribution
requirements of paragraph (d)(3) of this section. The contents of the notice
must include: the name and telephone number of a contact person at the
facility; the name and telephone number of a contact office at the permitting
agency; the location where the trial burn plan and any supporting documents can
be reviewed and copied; and a schedule of the activities that are required
prior to permit issuance, including the anticipated time schedule for agency
approval of the plan and the time periods during which the trial burn would be
conducted. Applicants who submit a trial burn plan and receive approval before
submission of the part B permit application must complete the trial burn and
submit the results specified in paragraph (f) of this section with the part B
permit application. If completion of this process conflicts with the date set
for submission of the part B application, the applicant must contact the
Director to establish a later date for submission of the part B application or
the trial burn results. If the applicant submits a trial burn plan with part B
of the permit application, the trial burn must be conducted and the results
submitted within a time period prior to permit issuance to be specified by the
Director.
§ 270.67
RCRA standardized permits for storage and treatment units
RCRA standardized permits are special forms of permits for TSD owners or operators that:
(a) Generate
hazardous waste and then non-thermally treat or store the hazardous waste
on-site in tanks, containers, or containment buildings; or
(b) Receive hazardous waste generated
off-site by a generator under the same ownership as the receiving facility, and
then store or non-thermally treat the hazardous waste in containers, tanks, or
containment buildings. Standardized permit facility owners or operators are
regulated under Subsection J of this Section, 40 CFR Part 124 Subsection G,
Rule No. 8, and Section 267 of this Rule.
§ 270.68
Remedial Action Plans
(RAPs)
Remedial Action Plans (RAPs) are special forms of permits that are regulated under subsection H of this Section.
Subsection G
-- Interim Status
§ 270.70
Qualifying for interim
status
(a)
Any person who owns
or operates an existing hazardous waste management facility shall have interim
status and shall be treated as having been issued a permit to the extent he or
she has complied with the requirements of Act 406 of 1979 (Ark. Code, Ann.
§§ 8-7-201et seq.), as amended, § 270.10(e), and § 3010(a)
of RCRA.
(b)
If
the Division determines that a Part A application is deficient it may notify
the owner or operator that he or she is not entitled to interim status. The
owner or operator will then be subject to enforcement for operating without a
permit.
§
270.71
Operation during interim status
(a) During the interim status period the
facility shall not:
(1) Treat, store, or
dispose of hazardous waste not specified in Part A of the permit
application;
(2) Employ processes
not specified in Part A of the permit application; or
(3) Exceed the design capacities specified in
Part A of the permit application.
(b) Interim status standards. During interim
status, owners or operators shall comply with the interim status standards at
Section 265 and 40 CFR Part 265.
§ 270.72
Changes during interim
status
(a) Except as provided in
paragraph (b), the owner or operator of an interim status facility may make the
following changes at the facility:
(1)
Treatment, storage, or disposal of new hazardous wastes not previously
identified in Part A of the permit application (and, in the case of newly
listed or identified wastes, addition of the units being used to treat, store,
or dispose of the hazardous wastes on the effective date of the listing or
identification) if the owner or operator submits a revised Part A permit
application prior to such treatment, storage, or disposal;
(2) Increases in the design capacity of
processes used at the facility if the owner or operator submits a revised Part
A permit application prior to such a change (along with a justification
explaining the need for the change) and the Director approves the changes
because:
(i) There is a lack of available
treatment, storage, or disposal capacity at other hazardous waste management
facilities, or
(ii) The change is
necessary to comply with a Federal, State, or local requirement.
(3) Changes in the processes for
the treatment, storage, or disposal of hazardous waste or addition of processes
if the owner or operator submits a revised Part A permit application prior to
such change (along with a justification explaining the need for the change) and
the Director approves the change because:
(i)
The change is necessary to prevent a threat to human health and the environment
because of an emergency situation, or
(ii) The change is necessary to comply with a
Federal, State, or local requirement.
(4) Changes in the ownership or operational
control of a facility if the new owner or operator submits a revised Part A
permit application no later than 90 days prior to the scheduled change. When a
transfer of operational control of a facility occurs, the old owner or operator
shall comply with the requirements of Section 265, Subsection H (Financial
Requirements), until the new owner or operator has demonstrated to the Director
that he is complying with the requirements of that Subsection. The new owner or
operator must demonstrate compliance with Subsection H requirements within six
months of the date of the change in ownership or operational control of the
facility. Upon demonstration to the Director by the new owner or operator of
compliance with Subsection H, the Director shall notify the old owner or
operator in writing that he no longer needs to comply with Subsection H as of
the date of demonstration. All other interim status duties are transferred
effective immediately upon the date of the change in ownership or operational
control of the facility.
(5)
Changes made in accordance with an interim status corrective action order
issued by EPA under section 3008(h) or other Federal authority, by the Division
under comparable State authority, or by a court in a judicial action brought by
EPA or by the Division. Changes under this paragraph are limited to the
treatment, storage, or disposal of solid waste from releases that originate
within the boundary of the facility.
(6) Addition of newly regulated units for the
treatment, storage, or disposal of hazardous waste if the owner or operator
submits a revised part A permit application on or before the date on which the
unit becomes subject to the new requirements.
(b) Except as specifically allowed under this
paragraph, changes listed under paragraph (a) of this section may not be made
if they amount to reconstruction of the hazardous waste management facility.
Reconstruction occurs when the capital investment in the changes to the
facility exceeds 50 percent of the capital cost of a comparable entirely new
hazardous waste management facility. If all other requirements are met, the
following changes may be made even if they amount to a reconstruction:
(1) Changes made solely for the purposes of
complying with the requirements of
40 CFR
265.193 for tanks and ancillary
equipment.
(2) If necessary to
comply with Federal, State, or local requirements, changes to an existing unit,
changes solely involving tanks or containers, or addition of replacement
surface impoundments that satisfy the standards of section 3004(o).
(3) Changes that are necessary to allow
owners or operators to continue handling newly listed or identified hazardous
wastes that have been treated, stored, or disposed of at the facility prior to
the effective date of the rule establishing the new listing or
identification.
(4) Changes during
closure of a facility or of a unit within a facility made in accordance with an
approved closure plan.
(5) Changes
necessary to comply with an interim status corrective action order issued by
EPA under section 3008(h) or other Federal authority, by the Division under
comparable State authority, or by a court in a judicial proceeding brought by
EPA or the Division, provided that such changes are limited to the treatment,
storage, or disposal of solid waste from releases that originate within the
boundary of the facility.
(6)
Changes to treat or store, in tanks, containers, or containment buildings,
hazardous wastes subject to land disposal restrictions imposed by Section 268,
40 CFR Part 268 or RCRA section 3004, provided that such changes are made
solely for the purpose of complying with Section 268, Part 268 or RCRA section
3004.
(7) Addition of newly
regulated units under paragraph (a)(6) of this section.
(8) Changes necessary to comply with
standards under 40 CFR part 63, Subpart EEE-National Emission Standards for
Hazardous Air Pollutants From Hazardous Waste Combustors.
§ 270.73
Termination of
interim status
Interim status terminates when:
(a) Final administrative disposition of a
permit application, except an application for a remedial action plan (RAP)
under subsection H of this Section, is made.
(b) Interim status is terminated as provided
in § 270.10(e)(5).
(c) For
owners or operators of each land disposal facility which has been granted
interim status prior to November 8, 1984, on November 8, 1985, unless:
(1) The owner or operator submits a Part B
application for a permit for such facility prior to that date; and
(2) The owner or operator certifies that such
facility is in compliance with all applicable ground-water monitoring and
financial responsibility requirements.
(d) For owners or operators of each land
disposal facility which is in existence on the effective date of statutory or
regulatory amendments under the Act that render the facility subject to the
requirement to have an HWM permit and which is granted interim status, twelve
months after the date on which the facility first becomes subject to such
permit requirement unless the owner or operator of such facility:
(1) Submits a Part B application for an HWM
permit for such facility before the date 12 months after the date on which the
facility first becomes subject to such permit requirement; and
(2) Certifies that such facility is in
compliance with all applicable ground water monitoring and financial
responsibility requirements.
(e) For owners or operators of any land
disposal unit that is granted authority to operate under § 270.72(a) (1),
(2) or (3), on the date 12 months after the effective date of such requirement,
unless the owner or operator certifies that such unit is in compliance with all
applicable ground-water monitoring and financial responsibility
requirements.
(f) For owners and
operators of each incinerator facility which has achieved interim status prior
to November 8, 1984, interim status terminates on November 8, 1989, unless the
owner or operator of the facility submits a part B application for an HWM
permit for an incinerator facility by November 8, 1986.
(g) For owners or operators of any facility
(other than a land disposal or an incinerator facility) which has achieved
interim status prior to November 8, 1984, interim status terminates on November
8, 1992, unless the owner or operator of the facility submits a part B
application for an HWM permit for the facility by November 8, 1988.
Subsection H
--
Remedial Action Plans (RAPs)
§
270.79
Why is this subpart written in a special
format?
This subpart is written in a special format to make it easier to understand the regulatory requirements. Like other Environmental Protection Agency (EPA) regulations, this establishes enforceable legal requirements. For this Subpart, "I" and "you" refer to the owner/operator.
General Information
§ 270.80
What is a RAP?
(a) A RAP is a special form of RCRA permit
that you, as an owner or operator, may obtain, instead of a permit issued under
§§ 270.3 through 270.66, to authorize you to treat, store, or dispose
of hazardous remediation waste (as defined in Sec. 260.10 of this chapter) at a
remediation waste management site. A RAP may only be issued for the area of
contamination where the remediation wastes to be managed under the RAP
originated, or areas in close proximity to the contaminated area, except as
allowed in limited circumstances under § 270.230.
(b) The requirements in §§ 270.3
through 270.66 do not apply to RAPs unless those requirements for traditional
RCRA permits are specifically required under §§ 270.80 through
270.230. The definitions in § 270.2 apply to RAPs.
(c) Notwithstanding any other provision of
this Section, Rule No. 8, or 40 CFR Part 124, any document that meets the
requirements in this section constitutes a RCRA permit under RCRA section
3005(c).
(d) A RAP may be:
(1) A stand-alone document that includes only
the information and conditions required by this subsection; or
(2) Part (or parts) of another document that
includes information and/or conditions for other activities at the remediation
waste management site, in addition to the information and conditions required
by this subsection.
(e)
If you are treating, storing, or disposing of hazardous remediation wastes as
part of a cleanup compelled by Federal or State cleanup authorities, your RAP
does not affect your obligations under those authorities in any way.
(f) If you receive a RAP at a facility
operating under interim status, the RAP does not terminate your interim
status.
§ 270.85
When do I need a RAP?
(a)
Whenever you treat, store, or dispose of hazardous remediation wastes in a
manner that requires a RCRA permit under § 270.1, you must either obtain:
(1) A RCRA permit according to §§
270.3 through 270.66; or
(2) A RAP
according to this subsection.
(b) Treatment units that use combustion of
hazardous remediation wastes at a remediation waste management site are not
eligible for RAPs under this Subsection.
(c) You may obtain a RAP for managing
hazardous remediation waste at an already permitted RCRA facility. You must
have these RAPs approved as a modification to your existing permit according to
the requirements of §270.41 or § 270.42 instead of the requirements
in this Subsection. When you submit an application for such a modification,
however, the information requirements in §§ 270.42(a)(1)(i),
(b)(1)(iv), and (c)(1)(iv) do not apply; instead, you must submit the
information required under § 270.110. When your permit is modified the RAP
becomes part of the RCRA permit. Therefore when your permit (including the RAP
portion) is modified, revoked and reissued, terminated or when it expires, it
will be modified according to the applicable requirements in §§
270.40 through 270.42, revoked and reissued according to the applicable
requirements in §§ 270.41 and 270.43, terminated according to the
applicable requirements in § 270.43, and expire according to the
applicable requirements in §§ 270.50 and 270.51.
§ 270.90
Does my RAP grant me any
rights or relieve me of any obligations?
The provisions of § 270.4 apply to RAPs. (Note: The provisions of § 270.4(a) provide you assurance that, as long as you comply with your RAP, the Division and EPA will consider you in compliance with Subtitle C of RCRA, and will not take enforcement actions against you. However, you should be aware of four exceptions to this provision that are listed in § 270.4.)
Applying for a RAP
§
270.95
How do I apply for a RAP?
To apply for a RAP, you must complete an application, sign it, and submit it to the Director according to the requirements in this subpart.
§ 270.100
Who must obtain a RAP?
When a facility or remediation waste management site is owned by one person, but the treatment, storage or disposal activities are operated by another person, it is the operator'sduty to obtain a RAP, except that the owner must also sign the RAP application.
§ 270.105
Who must sign the
application and any required reports for a RAP?
Both the owner and the operator must sign the RAP application and any required reports according to § 270.11(a), (b), and (c). In the application, both the owner and the operator must also make the certification required under § 270.11(d)(1). However, the owner may choose the alternative certification under § 270.11(d)(2) if the operator certifies under § 270.11(d)(1).
§
270.110
What must I include in my application for a
RAP?
You must include the following information in your application for a RAP:
(a) The name, address, and
EPA identification number of the remediation waste management site;
(b) The name, address, and telephone number
of the owner and operator;
(c) The
latitude and longitude of the site;
(d) The United States Geological Survey
(USGS) or county map showing the location of the remediation waste management
site;
(e) A scaled drawing of the
remediation waste management site showing:
(1)
The remediation waste management site boundaries;
(2) Any significant physical structures;
and
(3) The boundary of all areas
on-site where remediation waste is to be treated, stored or disposed;
(f) A specification of the
hazardous remediation waste to be treated, stored or disposed of at the
facility or remediation waste management site. This must include information
on:
(1) Constituent concentrations and other
properties of the hazardous remediation wastes that may affect how such
materials should be treated and/or otherwise managed;
(2) An estimate of the quantity of these
wastes; and
(3) A description of
the processes you will use to treat, store, or dispose of this waste including
technologies, handling systems, design and operating parameters you will use to
treat hazardous remediation wastes before disposing of them according to the
LDR standards of Section 268 of this rule, as applicable;
(g) Enough information to demonstrate that
operations that follow the provisions in your RAP application will ensure
compliance with applicable requirements of Sections 264, 266, and 268 of this
rule;
(h) Such information as may
be necessary to enable the Director to carry out his duties under other State
and Federal laws as is required for traditional RCRA permits under
§270.14(b)(20);
(i) Any other
information the Director decides is necessary for demonstrating compliance with
this subsection or for determining any additional RAP conditions that are
necessary to protect human health and the environment.
§ 270.115
What if I want to keep
this information confidential?
Part 2 (Public Information) of this section allows you to claim as confidential any or all of the information you submit to the Division or EPA under this subsection. You must assert any such claim at the time that you submit your RAP application or other submissions by stamping the words "confidential business information" on each page containing such information. If you do assert a claim at the time you submit the information, DEQ will treat the information according to the procedures in § 270.12 of this rule. If you do not assert a claim at the time you submit the information, the Division may make the information available to the public without further notice to you. DEQ will deny any requests for confidentiality of your name and/or address, or other information which is required to be made accessible under the Arkansas Freedom of Information Act.
§
270.120
To whom must I submit my RAP application?
You must submit your application for a RAP to the Director for approval.
§ 270.125
If I submit my RAP application as part of another document, what must I
do?
If you submit your application for a RAP as a part of another document, you must clearly identify the components of that document that constitute your RAP application.
Getting a RAP Approved
§ 270.130
What is the
process for approving or denying my application for a RAP?
(a) If the Director tentatively finds that
your RAP application includes all of the information required by § 270.110
and that your proposed remediation waste management activities meet the
regulatory standards, the Director will make a tentative decision to approve
your RAP application. The Director will then prepare a draft RAP and provide an
opportunity for public comment before making a final decision on your RAP
application, according to this subsection.
(b) If the Director tentatively finds that
your RAP application does not include all of the information required by §
270.110 or that your proposed remediation waste management activities do not
meet the regulatory standards, the Director may request additional information
from you or ask you to correct deficiencies in your application. If you fail or
refuse to provide any additional information the Director requests, or to
correct any deficiencies in your RAP application, the Director may make a
tentative decision to deny your RAP application. After making this tentative
decision, the Director will prepare a notice of intent to deny your RAP
application ("notice of intent to deny") and provide an opportunity for public
comment before making a final decision on your RAP application, according to
the requirements in this Subpart. The Director may deny the RAP application
either in its entirety or in part.
§ 270.135
What must the Director
include in a draft RAP?
If the Director prepares a draft RAP, it must include the:
(a) Information required under
§ 270.110(a) through (f);
(b)
The following terms and conditions:
(1) Terms
and conditions necessary to ensure that the operating requirements specified in
your RAP comply with applicable requirements of Sections 264, 266, and 268 of
this rule (including any recordkeeping and reporting requirements). In
satisfying this provision, the Director may incorporate, expressly or by
reference, applicable requirements of Sections 264, 266, and 268 of this rule
into the RAP or establish site-specific conditions as required or allowed by
Sections 264, 266, and 268 of this rule;
(2) Terms and conditions in §
270.30;
(3) Terms and conditions
for modifying, revoking and reissuing, and terminating your RAP, as provided in
§ 270.170; and
(4) Any
additional terms or conditions that the Director determines are necessary to
protect human health and the environment, including any terms and conditions
necessary to respond to spills and leaks during use of any units permitted
under the RAP; and
(c) If
the draft RAP is part of another document, as described in § 270.80(d)(2),
the Director must clearly identify the components of that document that
constitute the draft RAP.
§
270.140
What else must the Director prepare in addition to
the draft RAP or notice of intent to deny?
Once the Director has prepared the draft RAP or notice of intent to deny, he must then:
(a)
Prepare a statement of basis that briefly describes the derivation of the
conditions of the draft RAP and the reasons for them, or the rationale for the
notice of intent to deny;
(b)
Compile an administrative record, including:
(1) The RAP application, and any supporting
data furnished by the applicant;
(2) The draft RAP or notice of intent to
deny;
(3) The statement of basis
and all documents cited therein (material readily available at the Division
offices or published material that is generally available need not be
physically included with the rest of the record, as long as it is specifically
referred to in the statement of basis); and
(4) Any other documents that support the
decision to approve or deny the RAP; and
(c) Make information contained in the
administrative record available for review by the public upon
request.
§ 270.145
What are the procedures for public comment on the draft RAP or notice of
intent to deny?
(a) The Director must:
(1) Send notice to you of his intention to
approve or deny your RAP application, and send you a copy of the statement of
basis;
(2) Publish a notice of his
intention to approve or deny your RAP application in a major local newspaper of
general circulation;
(3) Broadcast
his intention to approve or deny your RAP application over a local radio
station; and
(4) Send a notice of
his intention to approve or deny your RAP application to each unit of local
government having jurisdiction over the area in which your site is located, and
to each State agency having any authority under State law with respect to any
construction or operations at the site.
(b) The notice required by paragraph (a) of
this section must provide an opportunity for the public to submit written
comments on the draft RAP or notice of intent to deny within at least 45
days.
(c) The notice required by
paragraph (a) of this section must include:
(1) The name and address of the office
processing the RAP application;
(2)
The name and address of the RAP applicant, and if different, the remediation
waste management site or activity the RAP will regulate;
(3) A brief description of the activity the
RAP will regulate;
(4) The name,
address and telephone number of a person from whom interested persons may
obtain further information, including copies of the draft RAP or notice of
intent to deny, statement of basis, and the RAP application; (5) A brief
description of the comment procedures in this section, and any other procedures
by which the public may participate in the RAP decision;
(6) If a hearing is scheduled, the date,
time, location and purpose of the hearing;
(7) If a hearing is not scheduled, a
statement of procedures to request a hearing;
(8) The location of the administrative
record, and times when it will be open for public inspection; and
(9) Any additional information the Director
considers necessary or proper.
(d) If, within the comment period, the
Director receives written notice of opposition to his intention to approve or
deny your RAP application and a request for a hearing, the Director must hold
an informal public hearing to discuss issues relating to the approval or denial
of your RAP application. The Director may also determine on his own initiative
that an informal hearing is appropriate. The hearing must include an
opportunity for any person to present written or oral comments. Whenever
possible, the Director must schedule this hearing at a location convenient to
the nearest population center to the remediation waste management site and give
notice according to the requirements in paragraph (a) of this section. This
notice must, at a minimum, include the information required by paragraph (c) of
this section and:
(1) Reference to the date
of any previous public notices relating to the RAP application;
(2) The date, time and place of the hearing;
and
(3) A brief description of the
nature and purpose of the hearing, including the applicable rules and
procedures.
§
270.150
How will the Director make a final decision on my
RAP application?
(a) The Director must
consider and respond to any significant comments raised during the public
comment period, or during any hearing on the draft RAP or notice of intent to
deny, and revise your draft RAP based on those comments, as
appropriate.
(b) If the Director
determines that your RAP includes the information and terms and conditions
required in § 270.135, then he will issue a final decision approving your
RAP and, in writing, notify you and all commenters on your draft RAP that your
RAP application has been approved.
(c) If the Director determines that your RAP
does not include the information required in § 270.135, then he will issue
a final decision denying your RAP and, in writing, notify you and all
commenters on your draft RAP that your RAP application has been
denied.
(d) If the Director's final
decision is that the tentative decision to deny the RAP application was
incorrect, he will withdraw the notice of intent to deny and proceed to prepare
a draft RAP, according to the requirements in this subsection.
(e) When the Director issues his final RAP
decision, he must refer to the procedures for appealing the decision under
§ 270.155.
(f) Before issuing
the final RAP decision, the Director must compile an administrative record.
Material readily available at the issuing office or published materials which
are generally available and which are included in the administrative record
need not be physically included with the rest of the record as long as it is
specifically referred to in the statement of basis or the response to comments.
The administrative record for the final RAP must include information in the
administrative record for the draft RAP (see § 270.140(b)) and:
(1) All comments received during the public
comment period;
(2) Tapes or
transcripts of any hearings;
(3)
Any written materials submitted at these hearings;
(4) The responses to comments;
(5) Any new material placed in the record
since the draft RAP was issued;
(6)
Any other documents supporting the RAP; and
(7) A copy of the final RAP.
(g) The Director must make
information contained in the administrative record available for review by the
public upon request.
§
270.155
May the decision to approve or deny my RAP
application be administratively appealed?
(a) Any commenter on the draft RAP or notice
of intent to deny, or any participant in any public hearing(s) on the draft
RAP, may appeal the Director's decision to approve or deny your RAP application
to the Arkansas Pollution Control & Ecology Commission under APC&EC
Rule No. 8 (Administrative Procedures). Any person who did not file comments,
or did not participate in any public hearing(s) on the draft RAP, may petition
for administrative review only to the extent of the changes from the draft to
the final RAP decision. Appeals of RAPs may be made to the same extent as for
final permit decisions under Rule No. 8 (or a decision under § 270.29 to
deny a permit for the active life of a RCRA hazardous waste management facility
or unit). Instead of the notice required under
40
CFR 124.19(c) and
124.10,
the Director will give public notice of any grant of review of RAPs by the
Commission through the same means used to provide notice under § 270.145.
The notice will include:
(1) The briefing
schedule for the appeal as provided by the Commission;
(2) A statement that any interested person
may file an amicus brief with the Commission; and
(3) The information specified in §
270.145(c), as appropriate.
(b) This appeal is a prerequisite to seeking
judicial review of these Division actions.
§ 270.160
When does my RAP become
effective?
Your RAP becomes effective on the date the Director serves noticef to you and all commenters that your RAP is approved unless:
(a) The Director specifies a later effective
date in his decision;
(b) You or
another person has appealed your RAP under § 270.155 (if your RAP is
appealed, and the request for review is granted under § 270.155,
conditions of your RAP are stayed according to Rule No. 8); or
(c) No commenters requested a change in the
draft RAP, in which case the RAP becomes effective immediately when it is
issued.
§ 270.165
When may I begin physical construction of new units permitted under the
RAP
You must not begin physical construction of new units permitted under the RAP for treating, storing or disposing of hazardous remediation waste before receiving a finally effective RAP.
How May my RAP be Modified, Revoked and Reissued, or Terminated?
§
270.170
After my RAP is issued, how may it be modified,
revoked and reissued, or terminated?
In your RAP, the Director must specify, either directly or by reference, procedures for future modifications, revocations and reissuance, or terminations of your RAP. These procedures must provide adequate opportunities for public review and comment on any modification, revocation and reissuance, or termination that would significantly change your management of your remediation waste, or that otherwise merits public review and comment. If your RAP has been incorporated into a traditional RCRA permit, as allowed under § 270.85(c), then the RAP will be modified according to the applicable requirements in §§ 270.40 through 270.42, revoked and reissued according to the applicable requirements in §§ 270.41 and 270.43, or terminated according to the applicable requirements of § 270.43.
§ 270.175
For what reasons may the Director choose to modify my final RAP?
(a) The Director may modify your final RAP on
his own initiative only if one or more of the following reasons listed in this
section exist(s). If one or more of these reasons do not exist, then the
Director will not modify your final RAP, except at your request. Reasons for
modification are:
(1) You made material and
substantial alterations or additions to the activity that justify applying
different conditions;
(2) The
Director finds new information that was not available at the time of RAP
issuance and would have justified applying different RAP conditions at the time
of issuance;
(3) The standards or
rules on which the RAP was based have changed because of new or amended
statutes, standards or rules, or by judicial decision after the RAP was
issued;
(4) If your RAP includes
any schedules of compliance, the Director may find reasons to modify your
compliance schedule, such as an act of God, strike, flood, or materials
shortage or other events over which you as the owner/operator have little or no
control and for which there is no reasonably available remedy;
(5) You are not in compliance with conditions
of your RAP;
(6) You failed in the
application or during the RAP issuance process to disclose fully all relevant
facts, or you misrepresented any relevant facts at the time;
(7) The Director has determined that the
activity authorized by your RAP endangers human health or the environment and
can only be remedied by modifying; or
(8) You have notified the Director (as
required in the RAP under § 270.30(l)(3)) of a proposed transfer of a
RAP.
(b) Notwithstanding
any other provision in this section, when the Director reviews a RAP for a land
disposal facility under Sec. 270.195, he may modify the permit as necessary to
assure that the facility continues to comply with the currently applicable
requirements in parts 124, 260 through 266 and 270 of this chapter.
(c) The Director will not reevaluate the
suitability of the facility location at the time of RAP modification unless new
information or standards indicate that a threat to human health or the
environment exists that was unknown when the RAP was issued.
§ 270.180
For what
reasons may the Director choose to revoke and reissue my final RAP?
(a) The Director may revoke and reissue your
final RAP on his own initiative only if one or more reasons for revocation and
reissuance exist(s). If one or more reasons do not exist, then the Director
will not modify or revoke and reissue your final RAP, except at your request.
Reasons for modification or revocation and reissuance are the same as the
reasons listed for RAP modifications in Sec. 270.175(a)(5) through (8) if the
Director determines that revocation and reissuance of your RAP is
appropriate.
(b) The Director will
not reevaluate the suitability of the facility location at the time of RAP
revocation and reissuance, unless new information or standards indicate that a
threat to human health or the environment exists that was unknown when the RAP
was issued.
§
270.185
For what reasons may the Director choose to
terminate my final RAP, or deny my renewal application?
The Director may terminate your final RAP on his own initiative, or deny your renewal application for the same reasons as those listed for RAP modifications in § 270.175(a)(5) through (7) if the Director determines that termination of your RAP or denial of your RAP renewal application is appropriate.
§
270.190
May the decision to approve or deny a modification,
revocation and reissuance, or termination of my RAP be administratively
appealed?
(a) Any commenter on the
modification, revocation and reissuance or termination, or any person who
participated in any hearing(s) on these actions, may appeal the Director's
decision to approve a modification, revocation and reissuance, or termination
of your RAP, according to § 270.155. Any person who did not file comments
or did not participate in any public hearing(s) on the modification, revocation
and reissuance or termination, may petition for administrative review only of
the changes from the draft to the final RAP decision.
(b) Any commenter on the modification,
revocation and reissuance or termination, or any person who participated in any
hearing(s) on these actions, may informally appeal the Director's decision to
deny a request for modification, revocation and reissuance, or termination to
the Arkansas Pollution Control and Ecology Commission. Any person who did not
file comments, or did not participate in any public hearing(s) on the
modification, revocation and reissuance or termination may petition for
administrative review only of the changes from the draft to the final RAP
decision.
(c) The process for
informal appeals of RAPs is as follows:
(1)
The person appealing the decision must send a letter to the Arkansas Pollution
Control and Ecology Commission. The letter must briefly set forth the relevant
facts.
(2) The Commission has 60
days after receiving the letter to act on it.
(3) If the Commission does not take action on
the letter within 60 days after receiving it, the appeal shall be considered
denied.
(d) This informal
appeal is a prerequisite to seeking judicial review of these Division
actions.
§ 270.195
When will my RAP expire?
RAPs must be issued for a fixed term, not to exceed 10 years, although they may be renewed upon approval by the Director in fixed increments of no more than ten years. In addition, the Director must review any RAP for hazardous waste land disposal five years after the date of issuance or reissuance and you or the Director must follow the requirements for modifying your RAP as necessary to assure that you continue to comply with currently applicable requirements in RCRA sections 3004 and 3005.
§ 270.200
How may I renew my RAP
if it is expiring?
If you wish to renew your expiring RAP, you must follow the process for application for and issuance of RAPs in this subpart.
§ 270.205
What happens
if I have applied correctly for a RAP renewal but have not received approval by
the time my old RAP expires?
If you have submitted a timely and complete application for a RAP renewal, but the Director, through no fault of yours, has not issued a new RAP with an effective date on or before the expiration date of your previous RAP, your previous RAP conditions continue in force until the effective date of your new RAP or RAP denial.
Operating Under Your RAP
§ 270.210
What records
must I maintain concerning my RAP?
You are required to keep records of:
(a) All data used to complete RAP
applications and any supplemental information that you submit for a period of
at least 3 years from the date the application is signed; and
(b) Any operating and/or other records the
Director requires you to maintain as a condition of your RAP.
§ 270.215
How are time
periods in the requirements in this subpart and my RAP computed?
(a) Any time period scheduled to begin on the
occurrence of an act or event must begin on the day after the act or event.
(For example, if your RAP specifies that you must close a staging pile within
180 days after the operating term for that staging pile expires, and the
operating term expires on June 1, then June 2 counts as day one of your 180
days, and you would have to complete closure by November 28.)
(b) Any time period scheduled to begin before
the occurrence of an act or event must be computed so that the period ends on
the day before the act or event. (For example, if you are transferring
ownership or operational control of your site, and wish to transfer your RAP,
the new owner or operator must submit a revised RAP application no later than
90 days before the scheduled change. Therefore, if you plan to change ownership
on January 1, the new owner/operator must submit the revised RAP application no
later than October 3, so that the 90th day would be December 31.)
(c) If the final day of any time period falls
on a weekend or legal holiday, the time period must be extended to the next
working day. (For example, if you wish to appeal the Director's decision to
modify your RAP, then you must petition the Arkansas Pollution Control and
Ecology Commission within 30 days after the Director has issued the final RAP
decision. If the 30th day falls on Sunday, then you may submit your appeal by
the Monday after. If the 30th day falls on July 4th, then you may submit your
appeal by July 5th.)
(d) Whenever a
party or interested person has the right to or is required to act within a
prescribed period after the service of notice or other paper upon him by mail,
3 days must be added to the prescribed term. (For example, if you wish to
appeal the Director's decision to modify your RAP, then you must petition the
Arkansas Pollution Control and Ecology Commission within 30 days after the
Director has issued the final RAP decision. However, if the Director notifies
you of his decision by mail, then you may have 33 days to petition the
Commission.)
§
270.220
How may I transfer my RAP to a new owner or
operator?
(a) If you wish to transfer
your RAP to a new owner or operator, you must follow the requirements specified
in your RAP for RAP modification to identify the new owner or operator, and
incorporate any other necessary requirements. These modifications do not
constitute "significant" modifications for purposes of § 270.170. The new
owner/operator must submit a revised RAP application no later than 90 days
before the scheduled change along with a written agreement containing a
specific date for transfer of RAP responsibility between you and the new
permittees.
(b) When a transfer of
ownership or operational control occurs, you as the old owner or operator must
comply with the applicable requirements in Section 264, subsection H (Financial
Requirements), of this chapter until the new owner or operator has demonstrated
that he is complying with the requirements in that subpart. The new owner or
operator must demonstrate compliance with Section 264, subsection H, of this
rule within six months of the date of the change in ownership or operational
control of the facility or remediation waste management site. When the new
owner/operator demonstrates compliance with Section 264, subsection H, of this
rule to the Director, the Director will notify you that you no longer need to
comply with Section 264, subsection H, of this rule as of the date of
demonstration.
§
270.225
What must the State or EPA Region report about
noncompliance with RAPs?
The State or EPA Region must report noncompliance with RAPs according to the provisions of § 270.5.
Obtaining a RAP for an Off-Site Location
§
270.230
May I perform remediation waste management
activities under a RAP at a location removed from the area where the
remediation wastes originated?
(a) You
may request a RAP for remediation waste management activities at a location
removed from the area where the remediation wastes originated if you believe
such a location would be more protective than the contaminated area or areas in
close proximity.
(b) If the
Director determines that an alternative location, removed from the area where
the remediation waste originated, is more protective than managing remediation
waste at the area of contamination or areas in close proximity, then the
Director may approve a RAP for this alternative location.
(c) You must request the RAP, and the
Director will approve or deny the RAP, according to the procedures and
requirements in this subpart.
(d) A
RAP for an alternative location must also meet the following requirements,
which the Director must include in the RAP for such locations:
(1) The RAP for the alternative location must
be issued to the person responsible for the cleanup from which the remediation
wastes originated;
(2) The RAP is
subject to the expanded public participation requirements in
40 CFR
124.31,
124.32,
and
124.33;
(3) The RAP is subject to the public notice
requirements in
40 CFR
124.10(c).
(4) The site permitted in the RAP may not be
located within 61 meters or 200 feet of a fault which has had displacement in
the Holocene time (you must demonstrate compliance with this standard through
the requirements in § 270.14(b)(11)) (See definitions of terms in §
264.18(a) of this chapter);
Note to paragraph (d)(4): Sites located in political jurisdictions other than those listed in Appendix VI of 40 CFR Part 264, are assumed to be in compliance with this requirement.
(e) These alternative locations are
remediation waste management sites, and retain the following benefits of
remediation waste management sites:
(1)
Exclusion from facility-wide corrective action under § 264.101 of this
rule; and
(2) Application of §
264.1(j) of this rule in lieu of Section 264, subsections B, C, and D, of this
rule.
Subsection
I
-- Integration with Maximum Achievable Control Technology
(MACT) Standards
§ 270.235
Options for incinerators and cement and lightweight aggregate kilns to
minimize emissions from startup, shutdown, and malfunction events
(a) Facilities with existing permits.
(1)
Revisions to permit conditions
after documenting compliance with MACT. The owner or operator of a
RCRA-permitted incinerator, cement kiln, lightweight aggregate kiln, solid fuel
boiler, liquid fuel boiler, or hydrochloric acid production furnace may request
that the Director address permit conditions that minimize emissions from
startup, shutdown, and malfunction events under any of the following options
when requesting removal of permit conditions that are no longer applicable
according to §§ 264.340(b) and 266.100(b) of this Rule:
(i) Retain relevant permit conditions. Under
this option, the Director will:
(A) Retain
permit conditions that address releases during startup, shutdown, and
malfunction events, including releases from emergency safety vents, as these
events are defined in the facility's startup, shutdown, and malfunction plan
required under
40
CFR 63.1206(c);
and
(B) Limit applicability of
those permit conditions only to when the facility is operating under its
startup, shutdown, and malfunction plan.
(ii) Revise relevant permit conditions.
(A) Under this option, the Director will:
(1) Identify a subset of relevant existing
permit requirements, or develop alternative permit requirements, that ensure
emissions of toxic compounds are minimized from startup, shutdown, and
malfunction events, including releases from emergency safety vents, based on
review of information including the source's startup, shutdown, and malfunction
plan, design, and operating history.
(2) Retain or add these permit requirements
to the permit to apply only when the facility is operating under its startup,
shutdown, and malfunction plan.
(B) Changes that may significantly increase
emissions.
(1) You must notify the Director in
writing of changes to the startup, shutdown, and malfunction plan or changes to
the design of the source that may significantly increase emissions of toxic
compounds from startup, shutdown, or malfunction events, including releases
from emergency safety vents. You must notify the Director of such changes
within five days of making such changes. You must identify in the notification
recommended revisions to permit conditions necessary as a result of the changes
to ensure that emissions of toxic compounds are minimized during these
events.
(2) The Director may revise
permit conditions as a result of these changes to ensure that emissions of
toxic compounds are minimized during startup, shutdown, or malfunction events,
including releases from emergency safety vents either:
(i) Upon permit renewal, or, if
warranted;
(ii) By modifying the
permit under §§ 270.41(a) or 270.42.
(iii) Remove permit conditions. Under this
option:
(A) The owner or operator must
document that the startup, shutdown, and malfunction plan required under
40
CFR 63.1206(c)(2) has been
approved by the Director under
40
CFR 63.1206(c)(2)(ii)(B);
and
(B) The Director will remove
permit conditions that are no longer applicable according to §§
264.340(b) and 266.100(b) of this rule.
(2)
Addressing permit condition upon permit reissuance. The owner
or operator of an incinerator, cement kiln, lightweight aggregate kiln, solid
fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace that
has conducted a comprehensive performance test and submitted to the Director a
Notification of Compliance documenting compliance with the standards of 40 CFR
Part 63, subpart EEE, may request in the application to reissue the permit for
the combustion unit that the Director control emissions from startup, under any
of the following options:
(i) RCRA option A.
(A) Under this option, the Director will:
(1) Include, in the permit, conditions that
ensure compliance with §§ 264.345(a) and 264.345(c) or §§
266.102(e)(1) and 266.102(e)(2)(iii) of this chapter to minimize emissions of
toxic compounds from startup, shutdown, and malfunction events, including
releases from emergency safety vents; and
(2) Specify that these permit requirements
apply only when the facility is operating under its startup, shutdown, and
malfunction plan.; or
(ii) RCRA option B.
(A) Under this option, the Director will:
(1) Include, in the permit conditions, that
ensure emissions of toxic compounds are minimized from startup, shutdown, and
malfunction events, including releases from emergency safety vents, based on
review of information including the source's startup, shutdown, and malfunction
plan, design, and operating history; and
(2) Specify that these permit requirements
apply only when the facility is operating under its startup, shutdown, and
malfunction plan.
(B)
Changes that may significantly increase emissions.
(1) You must notify the Director in writing
of changes to the startup, shutdown, and malfunction plan or changes to the
design of the source that may significantly increase emissions of toxic
compounds from startup, shutdown, or malfunction events, including releases
from emergency safety vents. You must notify the Director of such changes
within five days of making such changes. You must identify in the notification
recommended revisions to permit conditions necessary as a result of the changes
to ensure that emissions of toxic compounds are minimized during these
events.
(2) The Director may revise
permit conditions as a result of these changes to ensure that emissions of
toxic compounds are minimized during startup, shutdown, or malfunction events,
including releases from emergency safety vents either:
(i) Upon permit renewal, or, if
warranted;
(ii) By modifying the
permit under §§ 270.41(a) or 270.42; or
(iii) CAA option. Under
this option:
(A) The owner or operator must
document that the startup, shutdown, and malfunction plan required under
40
CFR 63.1206(c)(2) has been
approved by the Director under
40
CFR 63.1206(c)(2)(ii)(B);
and
(B) The Director will omit from
the permit conditions that are not applicable under §§ 264.340(b) and
266.100(b) of this rule.
(b) Interim status facilities.
(1)
Interim status
operations. In compliance with §§ 265.340 and 266.100(b) of
this Rule, the owner or operator of an incinerator, cement kiln, lightweight
aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid
production furnace that is operating under the interim status standards of
Section 265 or 266 of this Rule may control emissions of toxic compounds during
startup, shutdown, and malfunction events under either of the following options
after conducting a comprehensive performance test and submitting to the
Director a Notification of Compliance documenting compliance with the standards
of 40 CFR Part 63, subpart EEE.
(i) RCRA
option. Under this option, the owner or operator continues to comply with the
interim status emission standards and operating requirements of Sections 265 or
266 of this rule relevant to control of emissions from startup, shutdown, and
malfunction events. Those standards and requirements apply only during startup,
shutdown, and malfunction events; or
(ii) CAA option. Under this option, the owner
or operator is exempt from the interim status standards of Sections 265 or 266
of this rule relevant to control of emissions of toxic compounds during
startup, shutdown, and malfunction events upon submission of written
notification and documentation to the Director that the startup, shutdown, and
malfunction plan required under
40
CFR 63.1206(c)(2) have been
approved by the Director under
40
CFR
63.1206(c)(2)(ii)(B).
(2)
Operations under a subsequent
RCRA permit. When an owner or operator of an incinerator, cement kiln,
lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or
hydrochloric acid production furnace that is operating under the interim status
standards of Sections 265 or 266 of this Rule submits a RCRA permit
application, the owner or operator may request that the Director control
emissions from startup, shutdown, and malfunction events under any of the
options provided by paragraphs (a)(2)(i), (a)(2)(ii), or (a)(2)(iii) of this
subsection.
(c) New
units. Hazardous waste incinerator, cement kiln, lightweight aggregate kiln,
solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace
units that become subject to RCRA permit requirements after October 12, 2005
must control emissions of toxic compounds during startup, shutdown, and
malfunction events under either of the following options:
(1) Comply with the requirements specified in
40 CFR Part 63.1206(c)(2); or
(2)
Request to include in the RCRA permit, conditions that ensure emissions of
toxic compounds are minimized from startup, shutdown, and malfunction events,
including releases from emergency safety vents, based on review of information
including the source's startup, shutdown, and malfunction plan and design. The
director will specify that these permit conditions apply only when the facility
is operating under its startup, shutdown, and malfunction plan.
Subsection J
-- RCRA Standardized Permits for Storage and Treatment Units General
Information About Standardized Permits § 270.250 What is a RCRA
standardized permit?
A RCRA standardized permit (RCRA) is a special type of permit that authorizes you to manage hazardous waste. It is issued under 40 CFR part 124, subsection G, Rule No. 8, and Subsection J of this Section.
§ 270.255
Who is eligible for a
standardized permit?
(a) You may be
eligible for a standardized permit if:
(1) You
generate hazardous waste and then store or non-thermally treat the hazardous
waste on-site in containers, tanks, or containment buildings; or
(2) You receive hazardous waste generated
off-site by a generator under the same ownership as the receiving facility, and
then store or non-thermally treat the hazardous waste in containers, tanks, or
containment buildings.
(3) We will
inform you of your eligibility when we make a decision on your permit
application.
(b)
[Reserved]
§ 270.260
What requirements of Section 270 apply to a standardized permit?
The following subsections of this Section 270 apply to a standardized permit:
(a) Subsection
A-General Information: All sections.
(b) Subsection B-Permit Application:
§§ 270.10, 270.11, 270.12, 270.13 and 270.29.
(c) Subsection C-Permit Conditions: All
sections.
(d) Subsection D-Changes
to Permit: §§ 270.40, 270.41, and 270.43.
(e) Subsection E-Expiration and Continuation
of Permits: All sections.
(f)
Subsection F-Special Forms of Permits: § 270.67.
(g) Subsection G-Interim Status: All
sections.
(h) Subsection H-Remedial
Action Plans: Does not apply.
(i)
Subsection J-Standardized Permits: All sections.
Applying for a Standardized Permit
§ 270.270
How do I apply for a standardized permit?
You apply for a standardized permit by following the procedures in 40 CFR Part 124, subsection G, Rule No. 8, and this Subsection.
§ 270.275
What
information must I submit to the permitting agency to support my standardized
permit application?
The information in paragraphs (a) through (j) of this section will be the basis of your standardized permit application. You must submit it to the Director when you submit your Notice of Intent under 40 CFR 124.202(b) requesting coverage under a RCRA standardized permit:
(a) The Part A information described in
§ 270.13.
(b) A meeting
summary and other materials required by
40 CFR
124.31.
(c) Documentation of compliance with the
location standards of Section 267.18 and § 270.14(b)(11) of this
Rule.
(d) Information that allows
the Director to carry out our obligations under other Federal laws required in
§ 270.3.
(e) Solid waste
management unit information required by § 270.14(d).
(f) A certification meeting the requirements
of § 270.280, and an audit of the facility's compliance status with
Section 267 as required by § 270.280.
(g) A closure plan prepared in accordance
with Section 267, Subsection G.
(h)
The most recent closure cost estimate for your facility prepared under §
267.142 and a copy of the documentation required to demonstrate financial
assurance under § 267.143. For a new facility, you may gather the required
documentation 60 days before the initial receipt of hazardous wastes.
(i) If you manage wastes generated offsite,
the waste analysis plan.
(j) If you
manage waste generated from off-site, documentation showing that the waste
generator and the off-site facility are under the same ownership.
§ 270.280
What are the
certification requirements?
You must submit a signed certification based on your audit of your facility's compliance with Section 267.
(a) Your certification must read: I certify
under penalty of law that:
(1) I have
personally examined and am familiar with the report containing the results of
an audit conducted of my facility's compliance status with APC&EC Rule No.
23, Section 267, which supports this certification. Based on my inquiry of
those individuals immediately responsible for conducting the audit and
preparing the report, I believe that my (include paragraph (a)(1)(i) and (ii)
this section, whichever applies):
(i) My
existing facility complies with all applicable requirements of APC&EC Rule
No. 23, Section 267 and will continue to comply until the expiration of the
permit; or
(ii) My facility has
been designed, and will be constructed and operated to comply with all
applicable requirements of Rule No. 23, Section 267, and will continue to
comply until expiration of the permit.
(2) I will make all information that I am
required to maintain at my facility by §§ 270.290 through 277.315
readily available for review by the permitting agency and the public;
and,
(3) I will continue to make
all information required by §§ 270.290 through 277.315 available
until the permit expires. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and
imprisonment for knowing violation.
(b) You must sign this certification
following the requirements of § 270.11(a)(1) through (3).
(c) This certification must be based upon an
audit that you conduct of your facility's compliance status with Section 267 of
this Rule. A written audit report, signed and certified as accurate by the
auditor, must be submitted to the Director with the
40
CFR 124.202(b) Notice of
Intent.
Information That Must Be Kept at Your Facility
§
270.290
What general types of information must I keep at my
facility?
You must keep the following information at your facility:
(a) A general description of
the facility.
(b) Chemical and
physical analyses of the hazardous waste and hazardous debris handled at the
facility. At a minimum, these analyses must contain all the information you
must know to treat or store the wastes properly under the requirements of
Section 267 of this Rule.
(c) A
copy of the waste analysis plan required by § 267.13(b).
(d) A description of the security procedures
and equipment required by § 267.14.
(e) A copy of the general inspection schedule
required by § 267.15(b). You must include in the inspection schedule
applicable requirements of §§ 267.174, 267.193, 267.195, 264.1033,
264.1052, 264.1053, 264.1058, and 264.1088.
(f) A justification of any modification of
the preparedness and prevention requirements of Section 267, Subsection C
(§§ 267.30 to 267.35).
(g) A copy of the contingency plan required
by Section 267, subsection D.
(h) A
description of procedures, structures, or equipment used at the facility to:
(1) Prevent hazards in unloading operations
(for example, use ramps, special forklifts),
(2) Prevent runoff from hazardous waste
handling areas to other areas of the facility or environment, or to prevent
flooding (for example, with berms, dikes, trenches),
(3) Prevent contamination of water
supplies,
(4) Mitigate effects of
equipment failure and power outages,
(5) Prevent undue exposure of personnel to
hazardous waste (for example, requiring protective clothing), and
(6) Prevent releases to atmosphere,
(i) A description of precautions
to prevent accidental ignition or reaction of ignitable, reactive, or
incompatible wastes as required by § 267.17.
(j) Traffic pattern, estimated volume
(number, types of vehicles) and control (for example, show turns across traffic
lanes, and stacking lanes; describe access road surfacing and load bearing
capacity; show traffic control signals).
(k) [Reserved]
(l) An outline of both the introductory and
continuing training programs you will use to prepare employees to operate or
maintain your facility safely as required by § 267.16. A brief description
of how training will be designed to meet actual job tasks under §
267.16(a)(3) requirements.
(m) A
copy of the closure plan required by § 267.112. Include, where applicable,
as part of the plans, specific requirements in §§ 267.176, 267.201,
and 267.1108.
(n)
[Reserved]
(o) The most recent
closure cost estimate for your facility prepared under § 267.142 and a
copy of the documentation required to demonstrate financial assurance under
§ 267.143. For a new facility, you may gather the required documentation
60 days before the initial receipt of hazardous wastes.
(p) [Reserved]
(q) Where applicable, a copy of the insurance
policy or other documentation that complies with the liability requirements of
§ 267.147. For a new facility, documentation showing the amount of
insurance meeting the specification of § 267.147(a) that you plan to have
in effect before initial receipt of hazardous waste for treatment or
storage.
(r) Where appropriate,
proof of coverage by a State financial mechanism, as required by §§
267.149 or 267.150.
(s) A
topographic map showing a distance of 1,000 feet around your facility at a
scale of 2.5 centimeters (1 inch) equal to not more than 61.0 meters (200
feet). The map must show elevation contours. The contour interval must show the
pattern of surface water flow in the vicinity of and from each operational unit
of the facility. For example, contours with an interval of 1.5 meters (5 feet),
if relief is greater than 6.1 meters (20 feet), or an interval of 0.6 meters (2
feet), if relief is less than 6.1 meters (20 feet). If your facility is in a
mountainous area, you should use large contour intervals to adequately show
topographic profiles of facilities. The map must clearly show the following:
(1) Map scale and date.
(2) 100-year flood plain area.
(3) Surface waters including intermittent
streams.
(4) Surrounding land uses
(residential, commercial, agricultural, recreational).
(5) A wind rose (i.e., prevailing wind speed
and direction).
(6) Orientation of
the map (north arrow).
(7) Legal
boundaries of your facility site.
(8) Access control (fences, gates).
(9) Injection and withdrawal wells both
on-site and off-site.
(10)
Buildings; treatment, storage, or disposal operations; or other structure
(recreation areas, runoff control systems, access and internal roads, storm,
sanitary, and process sewerage systems, loading and unloading areas, fire
control facilities, etc.)
(11)
Barriers for drainage or flood control.
(12) Location of operational units within
your facility, where hazardous waste is (or will be) treated or stored.
(Include equipment cleanup areas.)
§ 270.300
What container
information must I keep at my facility?
If you store or treat hazardous waste in containers, you must keep the following information at your facility:
(a) A description of the containment system
to demonstrate compliance with the container storage area provisions of §
267.173. This description must show the following:
(1) Basic design parameters, dimensions, and
materials of construction.
(2) How
the design promotes drainage or how containers are kept from contact with
standing liquids in the containment system.
(3) Capacity of the containment system
relative to the number and volume of containers to be stored.
(4) Provisions for preventing or managing
run-on.
(5) How accumulated liquids
can be analyzed and removed to prevent overflow.
(b) For storage areas that store containers
holding wastes that do not contain free liquids, a demonstration of compliance
with § 267.173(c), including:
(1) Test
procedures and results or other documentation or information to show that the
wastes do not contain free liquids.
(2) A description of how the storage area is
designed or operated to drain and remove liquids or how containers are kept
from contact with standing liquids.
(c) Sketches, drawings, or data demonstrating
compliance with § 267.174 (location of buffer zone (15m or 50ft) and
containers holding ignitable or reactive wastes) and § 267.175(c)
(location of incompatible wastes in relation to each other), where
applicable.
(d) Where incompatible
wastes are stored or otherwise managed in containers, a description of the
procedures used to ensure compliance with §§ 267.175(a) and (b), and
267.17(b) and (c).
(e) Information
on air emission control equipment as required by § 270.315.
§ 270.305
What tank
information must I keep at my facility?
If you use tanks to store or treat hazardous waste, you must keep the following information at your facility:
(a) A written assessment that is reviewed and
certified by an independent, qualified, Arkansas-registered professional
engineer on the structural integrity and suitability for handling hazardous
waste of each tank system, as required under §§ 267.191 and
267.192.
(b) Dimensions and
capacity of each tank.
(c)
Description of feed systems, safety cutoff, bypass systems, and pressure
controls (e.g., vents).
(d) A
diagram of piping, instrumentation, and process flow for each tank
system.
(e) A description of
materials and equipment used to provide external corrosion protection, as
required under § 267.191.
(f)
For new tank systems, a detailed description of how the tank system(s) will be
installed in compliance with §§ 267.192 and 267.194.
(g) Detailed plans and description of how the
secondary containment system for each tank system is or will be designed,
constructed, and operated to meet the requirements of §§ 267.195 and
267.196.
(h) [Reserved].
(i) Description of controls and practices to
prevent spills and overflows, as required under § 267.198.
(j) For tank systems in which ignitable,
reactive, or incompatible wastes are to be stored or treated, a description of
how operating procedures and tank system and facility design will achieve
compliance with the requirements of §§ 267.202 and 267.203.
(k) Information on air emission control
equipment as required by § 270.315.
§ 270.310
What equipment
information must I keep at my facility?
If your facility has equipment to which Section 264, subsection BB of this Rule applies, you must keep the following information at your facility:
(a) For each piece of
equipment to which Section 264 subsection BB applies:
(1) Equipment identification number and
hazardous waste management unit identification.
(2) Approximate locations within the facility
(e.g., identify the hazardous waste management unit on a facility plot
plan).
(3) Type of equipment (e.g.,
a pump or a pipeline valve).
(4)
Percent by weight of total organics in the hazardous waste stream at the
equipment.
(5) Hazardous waste
state at the equipment (e.g., gas/vapor or liquid).
(6) Method of compliance with the standard
(e.g., monthly leak detection and repair, or equipped with dual mechanical
seals).
(b) For
facilities that cannot install a closed-vent system and control device to
comply with Section 264, subsection BB on the effective date that the facility
becomes subject to the subsection BB provisions, an implementation schedule as
specified in § 264.1033(a)(2) of this Rule.
(c) Documentation that demonstrates
compliance with the equipment standards in §§ 264.1052 and 264.1059.
This documentation must contain the records required under §
264.1064.
(d) Documentation to
demonstrate compliance with § 264.1060 must include the following
information:
(1) A list of all information
references and sources used in preparing the documentation.
(2) Records, including the dates, of each
compliance test required by § 264.1033(j).
(3) A design analysis, specifications,
drawings, schematics, and piping and instrumentation diagrams based on the
appropriate sections of ''Course 415: Control of Gaseous Emissions''
(incorporated by reference as specified in § 260.11) or other engineering
texts acceptable to the Director that present basic control device design
information. The design analysis must address the vent stream characteristics
and control device operation parameters as specified in §
264.1035(b)(4)(iii).
(4) A
statement you signed and dated certifying that the operating parameters used in
the design analysis reasonably represent the conditions that exist when the
hazardous waste management unit is operating at the highest load or capacity
level reasonable expected to occur.
(5) A statement you signed and dated
certifying that the control device is designed to operate at an efficiency of
95 weight percent or greater.
§ 270.315
What air emissions
control information must I keep at my facility?
If you have air emission control equipment subject to Section 264, subsection CC of this Rule, you must keep the following information at your facility:
(a) Documentation for
each floating roof cover installed on a tank subject to §§
264.1084(d)(1) or (d)(2) that includes information you prepared or the cover
manufacturer/vendor provided describing the cover design, and your
certification that the cover meets applicable design specifications listed in
§§ 264.1084(e)(1) or (f)(1).
(b) Identification of each container area
subject to the requirements of Section 264, subsection CC of this Rule, and
your certification that the requirements of this subsection are met.
(c) Documentation for each enclosure used to
control air pollutant emissions from tanks or containers under requirements of
§ 264.1084(d)(5) or 264.1086(e)(1)(ii). You must include records for the
most recent set of calculations and measurements you performed to verify that
the enclosure meets the criteria of a permanent total enclosure as specified in
''Procedure T-Criteria for and Verification of a Permanent or Temporary Total
Enclosure'' under
40
CFR 52.741, appendix B.
(d) [Reserved]
(e) Documentation for each closed vent system
and control device installed under requirements of § 264.1087 that
includes design and performance information as specified in § 270.24 (c)
and (d).
(f) An emission monitoring
plan for both Method 21 in 40 CFR Part 60, appendix A and control device
monitoring methods. This plan must include the following information:
monitoring point(s), Monitoring methods for control devices, monitoring
frequency, procedures for documenting exceedences, and procedures for
mitigating noncompliances.
Modifying a Standardized Permit
§ 270.320
How do I
modify my RCRA standardized permit?
You can modify your RCRA standardized permit by following the procedures found in 40 CFR 124.211 through 124.214.
Section 273.
- STANDARDS FOR
UNIVERSAL WASTE MANAGEMENT
Subsection
A
-- General
§
273.1
Scope
(a)
This part establishes requirements for managing the following:
(1) Batteries as described in §
273.2;
(2) Pesticides as described
in § 273.3;
(3)
Mercury-containing devices as described in § 273.4;
(4) Lamps as described in § 273.5:
and
(5)
Consumer
electronic items as described in § 273.6.
(b) This section provides an alternative set
of management standards in lieu of the rule under Sections 260 through
270.
§ 273.2
Applicability - Batteries
(a) Batteries
covered under § 273
(1) The requirements
of this section apply to persons managing batteries, as described in §
273.9 of this section, except those listed in paragraph (b) of this
section.
(2) Spent lead-acid
batteries which are not managed under § 266, Subsection G, are subject to
management under this section.
(b) Batteries not covered under § 273.
The requirements of this section do not apply to persons managing the following
batteries:
(1) Spent lead-acid batteries that
are managed under § 266, Subsection G.
(2) Batteries, as described in § 273.9
of this section, that are not yet wastes under § 261 of this Rule,
including those that do not meet the criteria for waste generation in paragraph
(c) of this section.
(3) Batteries,
as described in § 273.9 of this part, that are not hazardous waste. A
battery is a hazardous waste if it exhibits one or more of the characteristics
identified in § 261, Subsection C.
(c) Generation of waste batteries
(1) A used battery becomes a waste on the
date it is discarded (e.g., when sent for reclamation).
(2) An unused battery becomes a waste on the
date the handler decides to discard it.
§ 273.3
Applicability -
Pesticides
(a) Pesticides covered under
§ 273. The requirements of this section apply to persons managing
pesticides, as described in § 273.9 of this section, meeting the following
conditions, except those listed in paragraph (b) of this section.
(1) Recalled pesticides that are:
(i) Stocks of a suspended and canceled
pesticide that are part of a voluntary or mandatory recall under FIFRA Section
19(b), including, but not limited to those owned by the registrant responsible
for conducting the recall; or
(ii)
Stocks of a suspended or cancelled pesticide, or a pesticide that is not in
compliance with FIFRA, that are part of a voluntary recall by the
registrant.
(2) Stocks of
other unused pesticide products that are collected and managed as part of a
waste pesticide collection program.
(b) Pesticides not covered under § 273.
The requirements of this section do not apply to persons managing the following
pesticides:
(1) Recalled pesticides described
in paragraph (a)(1) of this section, and unused pesticide products described in
paragraph (a)(2) of this section, that are managed by farmers in compliance
with § 262.70. (§ 262.70 addresses pesticides disposed of on the
farmer's own farm in a manner consistent with the disposal instructions on the
pesticide label, providing the container is triple rinsed in accordance with
§ 261.7(b)(3));
(2) Pesticides
not meeting the conditions set forth in paragraph (a) of this section. These
pesticides must be managed in compliance with the hazardous waste rules in
§§ 260 through 270;
(3)
Pesticides that are not wastes under § 261 of this Rule, including those
that do not meet the criteria for waste generation in paragraph (c) of this
section or those that are not wastes as described in paragraph (d) of this
section; and
(4) Pesticides that
are not hazardous waste. A pesticide is a hazardous waste if it is listed in
§ 261, Subsection D or if it exhibits one or more of the characteristics
identified in § 261, Subsection C.
(c) When a pesticide becomes a waste
(1) A recalled pesticide described in
paragraph (a)(1) of this section becomes a waste on the first date on which
both of the following conditions apply:
(i)
The generator of the recalled pesticide agrees to participate in the recall;
and
(ii) The person conducting the
recall decides to discard (e.g., burn the pesticide for energy
recovery).
(2) An unused
pesticide product described in paragraph (a)(2) of this section becomes a waste
on the date the generator decides to discard it.
(d) Pesticides that are not wastes. The
following pesticides are not wastes:
(1)
Recalled pesticides described in paragraph (a)(1) of this section, provided
that the person conducting the recall:
(i)
has not made a decision to discard (e.g., burn for energy recovery) the
pesticide. Until such a decision is made, the pesticide does not meet the
definition of "solid waste" under § 261.2; thus the pesticide is not a
hazardous waste and is not subject to hazardous waste requirements, including
§ 273 of this Rule. This pesticide remains subject to the requirements of
FIFRA; or
(ii) has made a decision
to use a management option that, under § 261.2, does not cause the
pesticide to be a solid waste (i.e., the selected option is use (other than use
constituting disposal) or reuse (other than burning for energy recovery), or
reclamation). Such a pesticide is not a solid waste and therefore is not a
hazardous waste, and is not subject to the hazardous waste requirements
including § 273 of this Rule. This pesticide, including a recalled
pesticide that is exported to a foreign destination for use or reuse, remains
subject to the requirements of FIFRA.
(2) Unused pesticide products described in
paragraph (a)(2) of this section, if the generator of the unused pesticide
product has not decided to discard (e.g., burn for energy recovery) them. These
pesticides remain subject to the requirements of
FIFRA.
§
273.4
Applicability - Mercury-Containing Devices
(a) Mercury-containing devices covered under
§ 273. The requirements of this section apply to persons managing
mercury-containing devices, as described in § 273.9 of this Section,
except those listed in paragraph (b) of this section.
(b) Mercury-containing devices not covered
under § 273. The requirements of this section do not apply to persons
managing the following mercury-containing devices:
(1) Mercury-containing devices that are not
yet wastes under § 261 of this Rule. Paragraph (c) of this section
describes when mercury-containing devices become wastes.
(2) Mercury-containing devices that are not
hazardous waste. A mercury-containing device is a hazardous waste if it
exhibits one or more of the characteristics identified in § 261,
Subsection C, or is listed in § 261, subsection D of this rule;
and
(3) Equipment and devices from
which the mercury-containing components have been removed.
(c) Generation of waste mercury-containing
devices.
(1) A used mercury-containing device
becomes a waste on the date it is discarded.
(2) An unused mercury-containing device
becomes a waste on the date the handler decides to discard it.
§ 273.5
Applicability - Lamps
(a) Lamps covered
under this Section 273. The requirements of this section apply to persons
managing lamps as described in § 273.9, except those listed in paragraph
(b) of this section.
(b) Lamps not
covered under this Section 273. The requirements of this section do not apply
to persons managing the following lamps:
(1)
Lamps that are not yet wastes under section 261 of this rule as provided in
paragraph (c) of this section.
(2)
Lamps that are not hazardous waste. A lamp is a hazardous waste if it exhibits
one or more of the characteristics identified in section 261, subsection C of
this rule.
(3)
Broken
lamps and the debris resulting from broken lamps are considered to be a
hazardous waste and are subject to the requirements of Sections 260-266, and
268 of this rule.
(c) Generation of waste lamps.
(1) A used lamp becomes a waste on the date
it is discarded.
(2) An unused lamp
becomes a waste on the date the handler decides to discard it.
§ 273.6
Applicability - Consumer electronic items
(a)
Consumer electronic items
covered under this Section 273. The requirements of this section apply to
persons managing consumer electronic items as described in § 273.9, except
those listed in paragraph (b) of this section.
(b)
Consumer electronic items not
covered under this Section 273. The requirements of this section do not apply
to persons managing the following consumer electronic items:
(1)
Consumer electronic items that
are not yet wastes under section 261 of this rule as provided in paragraph (c)
of this section.
(2)
Consumer electronic items that are not hazardous waste. A consumer
electronic item is a hazardous waste if it exhibits one or more of the
characteristics identified in section 261, subsection C of this
rule.
(c)
Generation of consumer electronic items.
(1)
A used consumer electronic item
becomes a waste on the date it is discarded.
(2)
An unused consumer electronic
item becomes a waste on the date the handler decides to discard
it.
§
273.7
[Reserved]
§ 273.8
Applicability - household
and very small quantity generator waste
(a) Persons managing the wastes listed below
may, at their option, manage them under the requirements of this section:
(1) Household wastes that are exempt under
§ 261.4(b)(1) of this rule and are also of the same type as the universal
wastes defined at § 273.9; and/or
(2) Very small quantity generator wastes that
are exempt under § 261.5 of this rule and are also of the same type as the
universal wastes defined at § 273.9.
(b) Persons who commingle the wastes
described in paragraphs (a)(1) and (a)(2) of this section together with
universal waste regulated under this section must manage the commingled waste
under the requirements of this section.
§ 273.9
Definitions
"Ampule" means an airtight vial made of glass, plastic, metal, or any combination of these materials.
"Battery" means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.
"Cathode ray tube" or "CRT" means a vacuum tube, composed primarily of glass, which is the video display component of a television or computer monitor. An intact CRT means a CRT remaining inside the monitor whose vacuum has not been released. A broken CRT means glass removed from the monitor after the vacuum has been released.
"Consumer electronic item" means an electronic item or other electronic waste containing an intact or broken cathode ray tube, (e.g., television, computer monitor, or other cathode ray tube monitor or display device), personal computer or computer component, audio and/or stereo player, videocassette recorder/player, digital videodisk (DVD) recorder/player, video camera, telephone, facsimile or copying machine, cellular telephone, wireless paging device, or video game console.
"Destination facility" means a facility that treats, disposes of, or recycles a particular category of universal waste, except those management activities described in subparagraphs (a) and (c) of sections 273.13 and 273.33. A facility at which a particular category of universal waste is only accumulated, is not a destination facility for purposes of managing that category of universal waste.
"FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136-136y).
"Generator" means any person, by site, whose act or process produces hazardous waste identified or listed in § 261 of this Rule or whose act first causes a hazardous waste to become subject to rule.
"Lamp", also referred to as "universal waste lamp" is defined as the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.
"Large Quantity Handler of Universal Waste" means a universal waste handler (as defined in this section) who accumulates 5,000 kilograms or more total of universal waste (calculated collectively) at any time. This designation as a large quantity handler of universal waste is retained through the end of the calendar year in which 5,000 kilograms or more total of universal waste is accumulated.
"Mercury-containing device" means a device or a part of a device (including thermostats, but excluding batteries and lamps) which contains elemental mercury integral to its function.
"On-site" means the same or geographically contiguous property which may be divided by public or private right-of-way, provided that the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along the right of way. Non-contiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access, are also considered on-site property.
"Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, other than any article that:
(a) is a new animal drug
under FFDCA section 201(w), or
(b)
is an animal drug that has been determined by regulation of the Secretary of
Health and Human Services not to be a new animal drug, or
(c) is an animal feed under FFDCA section
201(x) that bears or contains any substances described by paragraph (a) or (b)
of this section.
"Small Quantity Handler of Universal Waste" means a universal waste handler (as defined in this section) who does not accumulate more than 5,000 kilograms total of universal waste (calculated collectively) at any time.
"Thermostat" means a temperature control device that contains metallic mercury in an ampule attached to a bimetal sensing element, and mercury-containing ampules that have been removed from these temperature control devices in compliance with the requirements of § 273.13(c)(2) or § 273.33(c)(2).
"Universal Waste" means any of the following hazardous wastes that are subject to the universal waste requirements of § 273:
(a) Batteries as described in §
273.2;
(b) Pesticides as described
in § 273.3;
(c)
Mercury-containing devices as described in § 273.4;
(d) Lamps as described in §
273.5;
(e)
Consumer
electronic items as described in § 273.6. "Universal Waste
Handler":
(a) Means:
(1) A generator (as defined in this section)
of universal waste; or
(2) The
owner or operator of a facility, including all contiguous property, that
receives universal waste from other universal waste handlers, accumulates
universal waste, and sends universal waste to another universal waste handler,
to a destination facility, or to a foreign destination.
(b) Does not mean:
(1) A person who treats (except under the
provisions of § 273.13(a) or (c), or § 273.33(a) or (c)), disposes
of, or recycles universal waste; or
(2) A person engaged in the off-site
transportation of universal waste by air, rail, highway, or water, including a
universal waste transfer facility.
"Universal Waste Transfer Facility" means any transportation-related facility including loading docks, parking areas, storage areas and other similar areas where shipments of universal waste are held during the normal course of transportation for ten days or less.
"Universal Waste Transporter" means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.
Subsection B
-- Standards for Small
Quantity Handlers of Universal Waste
§
273.10
Applicability
This Subsection applies to small quantity handlers of universal waste (as defined in § 273.9).
§ 273.11
Prohibitions
A small quantity handler of universal waste is:
(a) Prohibited from disposing of universal
waste; and
(b) Prohibited from
diluting or treating universal waste, except by responding to releases as
provided in § 273.17; or by managing specific wastes as provided in §
273.13.
§ 273.12
Notification
A small quantity handler of universal waste is not required to notify the Division of universal waste handling activities.
§ 273.13
Waste management
(a) Universal waste batteries: A small
quantity handler of universal waste must manage universal waste batteries in a
way that prevents releases of any universal waste or component of a universal
waste to the environment, as follows:
(1) A
small quantity handler of universal waste must contain any universal waste
battery that shows evidence of leakage, spillage, or damage that could cause
leakage under reasonably foreseeable conditions in a container. The container
must be closed, structurally sound, compatible with the contents of the
battery, and must lack evidence of leakage, spillage, or damage that could
cause leakage under reasonably foreseeable conditions.
(2) A small quantity handler of universal
waste may conduct the following activities as long as the casing of each
individual battery cell is not breached and remains intact and closed (except
that cells may be opened to remove electrolyte but must be immediately closed
after removal):
(i) sorting batteries by
type;
(ii) mixing battery types in
one container;
(iii) discharging
batteries so as to remove the electric charge;
(iv) regenerating used batteries;
(v) disassembling batteries or battery packs
into individual batteries or cells;
(vi) removing batteries from consumer
products; or
(vii) removing
electrolyte from batteries.
(3) A small quantity handler of universal
waste who removes electrolyte from batteries, or who generates other solid
waste (e.g., battery pack materials, discarded consumer products) as a result
of the activities listed above, must determine whether the electrolyte and/or
other solid waste exhibit a characteristic of hazardous waste identified in
§ 261, Subsection C.
(i) If the
electrolyte and/or other solid waste exhibit a characteristic of hazardous
waste, it is subject to all applicable requirements of Sections 260 through
270. The handler is considered the generator of the hazardous electrolyte
and/or other waste and is subject to § 262.
(ii) If the electrolyte or other solid waste
is not hazardous, the handler may manage the waste in any way that is in
compliance with applicable federal, state or local solid waste rules and
regulations.
(b) Universal waste pesticides. A small
quantity handler of universal waste must manage universal waste pesticides in a
way that prevents releases of any universal waste or component of a universal
waste to the environment. The universal waste pesticides must be contained in
one or more of the following:
(1) A container
that remains closed, structurally sound, compatible with the pesticide, and
that lacks evidence of leakage, spillage, or damage that could cause leakage
under reasonably foreseeable conditions; or
(2) A container that does not meet the
requirements of paragraph (1), provided that the unacceptable container is
overpacked in a container that does meet the requirements of paragraph (1);
or
(3) A tank that meets the
requirements of § 265 Subsection J, except for §§ 265.197(c),
265.200, and 265.201; or
(4) A
transport vehicle or vessel that is closed, structurally sound, compatible with
the pesticide, and that lacks evidence of leakage, spillage, or damage that
could cause leakage under reasonably foreseeable conditions.
(c) Universal waste
mercury-containing devices: A small quantity handler of universal waste must
manage universal waste mercury-containing devices in a way that prevents
releases of any universal waste or component of a universal waste to the
environment, as follows:
(1) A small quantity
handler of universal waste must place in a container any universal waste
mercury-containing device with non-contained elemental mercury or that shows
evidence of leakage, spillage, or damage that could cause leakage under
reasonably foreseeable conditions. The container must be closed, structurally
sound, compatible with the contents of the device, must lack evidence of
leakage, spillage, or damage that could cause leakage under reasonably
foreseeable conditions, and must be reasonably designed to prevent the escape
of mercury into the environment by volatilization or any other means.
(2) A small quantity handler of universal
waste may remove mercury-containing ampules from universal waste thermostats or
other universal waste mercury-containing devices provided the handler:
(i) Removes the ampules in a manner designed
to prevent breakage of the ampules;
(ii) Removes ampules only over or in a
containment device (e.g., tray or pan sufficient to collect and contain any
mercury released from an ampule in case of breakage);
(iii) Ensures that a mercury clean-up system
is readily available to immediately transfer any mercury resulting from spills
or leaks from broken ampules, from that containment device to a container that
meets the requirements of § 262.34;
(iv) Immediately transfers any mercury
resulting from spills or leaks from broken ampules from the containment device
to a container that meets the requirements of § 262.34;
(v) Ensures that the area in which ampules
are removed is well ventilated and monitored to ensure compliance with
applicable OSHA exposure levels for mercury;
(vi) Ensures that employees removing ampules
are thoroughly familiar with proper waste mercury handling and emergency
procedures, including transfer of mercury from containment devices to
appropriate containers;
(vii)
Stores removed ampules in closed, non-leaking containers that are in good
condition;
(viii) Packs removed
ampules in the container with packing materials adequate to prevent breakage
during storage, handling, and transportation; and
(3) A small quantity handler of universal
waste mercury-containing devices that do not contain an ampule may remove the
original housing holding the mercury from universal waste mercury-containing
devices provided the hander
(i) Immediately
seals the original housing holding the mercury with an airtight seal;
and
(ii) Follows all requirements
for removing ampules and managing removed ampules under paragraph (2) of this
subsection; and
(4)
(i) A small quantity handler of universal
waste who removes mercury-containing ampules from mercury-containing devices or
seals mercury from mercury-containing devices in its original housing must
determine whether the following exhibit a characteristic of hazardous waste
identified in § 261, Subsection C:
(A)
Mercury or clean-up residues resulting from spills or leaks; and/or
(B) Other solid waste generated as a result
of the removal of mercury-containing ampules or housings (e.g., the remaining
mercury-containing device).
(ii) If the mercury, residues, and/or other
solid waste exhibit a characteristic of hazardous waste, it must be managed in
compliance with all applicable requirements of Sections 260 through 270. The
handler is considered the generator of the mercury, residues, and/or other
waste and must manage it is subject to § 262.
(iii) If the mercury, residues, and/or other
solid waste is not hazardous, the handler may manage the waste in any way that
is in compliance with applicable federal, state or local solid waste rules and
regulations.
(d) Lamps. A small quantity handler of
universal waste must manage lamps in a way that prevents releases of any
universal waste or component of a universal waste to the environment, as
follows:
(1) A small quantity handler of
universal waste must contain any lamp in containers or packages that are
structurally sound, adequate to prevent breakage, and compatible with the
contents of the lamps. Such containers and packages must remain closed and must
lack evidence of leakage, spillage or damage that could cause leakage under
reasonably foreseeable conditions.
(2) A small quantity handler of universal
waste must immediately clean up and place in a container any lamp that is
broken and must place in a container any lamp that shows evidence of breakage,
leakage, or damage that could cause the release of mercury or other hazardous
constituents to the environment. Containers must be closed, structurally sound,
compatible with the contents of the lamps and must lack evidence of leakage,
spillage or damage that could cause leakage or releases of mercury or other
hazardous constituents to the environment under reasonably foreseeable
conditions.
(e)
Consumer electronic items. A small quantity handler of universal waste must
manage waste consumer electronic items in a way that prevents releases of any
universal waste or component of a universal waste to the environment, as
follows:
(1)
A small
quantity handler of universal waste must contain any waste consumer electronic
item in containers or packages that are structurally sound, adequate to prevent
breakage, and compatible with the contents of the items. Such containers and
packages must remain closed and must lack evidence of leakage, spillage or
damage that could cause leakage under reasonably foreseeable
conditions.
(2)
A
small quantity handler of universal waste must immediately clean up and place
in a container any CRT that is broken and must place in a container any CRT
that shows evidence of breakage, leakage, or damage that could cause the
release of lead or other hazardous constituents to the environment. Containers
must be closed, structurally sound, compatible with the contents of the items
and must lack evidence of leakage, spillage or damage that could cause leakage
or releases of lead or other hazardous constituents to the environment under
reasonably foreseeable conditions.
(3)
A small quantity handler of
universal waste may conduct the following activities as long as cathode ray
tubes are not broken, and the casing of battery cells is not breached and
remains intact and closed):
(i)
sorting consumer electronic items by type;
(ii)
mixing consumer electronic item
types in one container;
(iii)
disassembling consumer
electronic items to separate CRTs, batteries, circuit boards, or other
components to facilitate the recycling or reclamation of these
components;
(4)
A small quantity handler of universal waste who disassembles consumer
electronic items for the purpose of facilitating the recycling or reclamation
of individual components of those items must determine whether those components
and/or other solid waste resulting from the activities listed above exhibit a
characteristic of hazardous waste identified in § 261, Subsection
C.
(i)
If the separated
components of the consumer electronic items and/or other solid waste exhibit a
characteristic of hazardous waste, they may continue to be managed as a
universal waste under the provisions of this Section. Otherwise, they are
subject to all applicable requirements of Sections 260 through 270 of this
Rule. The handler is then considered the generator of this hazardous waste
and/or other waste and is subject to § 262 of this
Rule.
(ii)
If the
separated component or other solid waste is not hazardous, the handler may
manage the waste in any way that is in compliance with applicable federal,
state or local solid waste rules and regulations.
§ 273.14
Labeling/marking
A small quantity handler of universal waste must label or mark the universal waste to identify the type of universal waste as specified below:
(a) Universal waste batteries
(i.e., each battery), or a container in which the batteries are contained, must
be labeled or marked clearly with any one of the following phrases: "Universal
Waste - Battery(ies)," or "Waste Battery(ies)," or "Used
Battery(ies);"
(b) A container, (or
multiple container package unit), tank, transport vehicle or vessel in which
recalled universal waste pesticides as described in § 273.3(a)(1) are
contained must be labeled or marked clearly with:
(1) The label that was on or accompanied the
product as sold or distributed; and
(2) The words "Universal Waste -
Pesticide(s)" or "Waste - Pesticide(s);"
(c) A container, tank, or transport vehicle
or vessel in which unused pesticide products as described in § 273.3(a)(2)
are contained must be labeled or marked clearly with:
(1)
(i) The
label that was on the product when purchased, if still legible;
(ii) If using the labels described in
paragraph (1)(i) is not feasible, the appropriate label as required under the
Department of Transportation regulation 49 CFR part 172;
(iii) If using the labels described in
paragraphs (c)(1)(i) and (ii) is not feasible, another label prescribed or
designated by the waste pesticide collection program administered or recognized
by a state; and
(2) The
words "Universal Waste - Pesticide(s)" or "Waste - Pesticide(s)."
(d) Universal waste
mercury-containing devices (i.e., each device), or a container in which the
thermostats or mercury-containing devices are contained, must be labeled or
marked clearly with any one of the following phrases: "Universal Waste,"
followed by a description of the item or the items in the container - e.g.,
''Mercury-Containing Device(s),'' or ''Waste Mercury-Containing Device(s),''
''Used Mercury-Containing Device(s),'' Mercury Thermostat(s)," or "Waste
Mercury Thermostat(s)," or "Used Mercury Thermostat(s)".
(e) Each lamp or a container or package in
which universal waste lamps are contained must be labeled or marked clearly
with one of the following phrases: "Universal Waste-Lamp(s)," or "Waste
Lamp(s)," or "Used Lamp(s).''
(f)
Universal waste consumer electronic items (i.e., each item), or a
container in which the consumer electronic items are contained, must be labeled
or marked clearly with the phrases: "Universal Waste," followed by a
description of the item or the items in the container - e.g., "Consumer
Electronic Items", or "Electronic Wastes," or "Used Electronic Items;" "Spent
CRTs," etc.
§
273.15
Accumulation time limits
(a) A small quantity handler of universal
waste may accumulate universal waste for no longer than one year from the date
the universal waste is generated, or received from another handler, unless the
requirements of paragraph (b) are met.
(b) A small quantity handler of universal
waste may accumulate universal waste for longer than one year from the date the
universal waste is generated, or received from another handler, if such
activity is solely for the purpose of accumulation of such quantities of
universal waste as necessary to facilitate proper recovery, treatment, or
disposal. However, the handler bears the burden of proving that such activity
is solely for the purpose of accumulation of such quantities of universal waste
as necessary to facilitate proper recovery, treatment, or disposal.
(c) A small quantity handler of universal
waste who accumulates universal waste must be able to demonstrate the length of
time that the universal waste has been accumulated from the date it becomes a
waste or is received. The handler may make this demonstration by:
(1) Placing the universal waste in a
container and marking or labeling the container with the earliest date that any
universal waste in the container became a waste or was received;
(2) Marking or labeling each individual item
of universal waste (e.g., each battery or thermostat) with the date it became a
waste or was received;
(3)
Maintaining an inventory system on-site that identifies the date each universal
waste became a waste or was received;
(4) Maintaining an inventory system on-site
that identifies the earliest date that any universal waste in a group of
universal waste items or a group of containers of universal waste became a
waste or was received;
(5) Placing
the universal waste in a specific accumulation area and identifying the
earliest date that any universal waste in the area became a waste or was
received; or
(6) Any other method
which clearly demonstrates the length of time that the universal waste has been
accumulated from the date it becomes a waste or is received.
§ 273.16
Employee training
A small quantity handler of universal waste must inform all employees who handle or have responsibility for managing universal waste. The information must describe proper handling and emergency procedures appropriate to the type(s) of universal waste handled at the facility.
§ 273.17
Response to
releases
(a) A small quantity handler
of universal waste must immediately contain all releases of universal wastes
and other residues from universal wastes.
(b) A small quantity handler of universal
waste must determine whether any material resulting from the release is
hazardous waste, and if so, must manage the hazardous waste in compliance with
all applicable requirements of Sections 260 through 270. The handler is
considered the generator of the material resulting from the release, and must
manage it in compliance with § 262.
§ 273.18
Off-site shipments
(a) A small quantity handler of universal
waste is prohibited from sending or taking universal waste to a place other
than another universal waste handler, a destination facility, or a foreign
destination.
(b) If a small
quantity handler of universal waste self-transports universal waste off-site,
the handler becomes a universal waste transporter for those self-transportation
activities and must comply with the transporter requirements of Subsection D of
this section while transporting the universal waste.
(c) If a universal waste being offered for
off-site transportation meets the definition of hazardous materials under 49
CFR 171 -180, a small quantity handler of universal waste must package, label,
mark and placard the shipment, and prepare the proper shipping papers in
accordance with the applicable Department of Transportation regulations under
49 CFR parts 172 - 180;
(d) Prior
to sending a shipment of universal waste to another universal waste handler,
the originating handler must ensure that the receiving handler agrees to
receive the shipment.
(e) If a
small quantity handler of universal waste sends a shipment of universal waste
to another handler or to a destination facility and the shipment is rejected by
the receiving handler or destination facility, the originating handler must
either:
(1) Receive the waste back when
notified that the shipment has been rejected, or
(2) Agree with the receiving handler on a
destination facility to which the shipment will be sent.
(f) A small quantity handler of universal
waste may reject a shipment containing universal waste, or a portion of a
shipment containing universal waste that he has received from another handler.
If a handler rejects a shipment or a portion of a shipment, he must contact the
originating handler to notify him of the rejection and to discuss reshipment of
the load. The handler must:
(1) Send the
shipment back to the originating handler, or
(2) If agreed to by both the originating and
receiving handler, send the shipment to a destination facility.
(g) If a small quantity handler of
universal waste receives a shipment containing hazardous waste that is not a
universal waste, the handler must immediately notify the Division of the
illegal shipment, and provide the name, address, and phone number of the
originating shipper. DEQ will provide instructions for managing the hazardous
waste.
(h) If a small quantity
handler of universal waste receives a shipment of non-hazardous, non-universal
waste, the handler may manage the waste in any way that is in compliance with
applicable federal, state or local solid waste rules and regulations.
§ 273.19
Tracking
universal waste shipments
A small quantity handler of universal waste is not required to keep records of shipments of universal waste.
§ 273.20
Exports
A small quantity handler of universal waste who sends universal waste to a foreign destination is subject to the requirements of Section 262, subsection H.
Subsection
C
-- Standards for Large Quantity Handlers of Universal
Waste
§ 273.30
Applicability
This Subsection applies to large quantity handlers of universal waste (as defined in 273.9).
§
273.31
Prohibitions
A large quantity handler of universal waste is:
(a) Prohibited from disposing of universal
waste; and
(b) Prohibited from
diluting or treating universal waste, except by responding to releases as
provided in § 273.37; or by managing specific wastes as provided in §
273.33.
§ 273.32
Notification
(a)
(1) Except as provided in paragraphs (a)(2)
and (3) of this section, a large quantity handler of universal waste must have
sent written notification of universal waste management to the Division and
received an EPA Identification Number, before meeting or exceeding the 5,000
kilogram storage limit.
(2) A large
quantity handler of universal waste who has already notified the Division of
his hazardous waste management activities and has received an EPA
Identification Number is not required to renotify under this section.
(3) A large quantity handler of universal
waste who manages recalled universal waste pesticides as described in
273.3(a)(1) and who has sent notification to EPA as required by 40 CFR 165 is
not required to notify for those recalled universal waste pesticides under this
section.
(b) This
notification must include:
(1) The universal
waste handler's name and mailing address;
(2) The name and business telephone number of
the person at the universal waste handler's site who should be contacted
regarding universal waste management activities;
(3) The address or physical location of the
universal waste management activities;
(4) A list of all of the types of universal
waste managed by the handler (e.g, batteries, pesticides, mercury-containing
devices, lamps, and consumer electronic items);
(5) A statement indicating that the handler
is accumulating more than 5,000 kilograms of universal waste at one time and
the types of universal waste (e.g, batteries, pesticides, mercury-containing
devices, lamps, and consumer electronic items) the handler is
accumulating above this quantity.
§ 273.33
Waste management
(a) Universal waste batteries: A large
quantity handler of universal waste must manage universal waste batteries in a
way that prevents releases of any universal waste or component of a universal
waste to the environment, as follows:
(1) A
large quantity handler of universal waste must contain any universal waste
battery that shows evidence of leakage, spillage, or damage that could cause
leakage under reasonably foreseeable conditions in a container. The container
must be closed, structurally sound, compatible with the contents of the
battery, and must lack evidence of leakage, spillage, or damage that could
cause leakage under reasonably foreseeable conditions.
(2) A large quantity handler of universal
waste may conduct the following activities as long as the casing of each
individual battery cell is not breached and remains intact and closed (except
that cells may be opened to remove electrolyte but must be immediately closed
after removal):
(i) sorting batteries by
type;
(ii) mixing battery types in
one container;
(iii) discharging
batteries so as to remove the electric charge;
(iv) regenerating used batteries;
(v) disassembling batteries or battery packs
into individual batteries or cells;
(vi) removing batteries from consumer
products; or
(vii) removing
electrolyte from batteries.
(3) A large quantity handler of universal
waste who removes electrolyte from batteries, or who generates other solid
waste (e.g., battery pack materials, discarded consumer products) as a result
of the activities listed above, must determine whether the electrolyte and/or
other solid waste exhibit a characteristic of hazardous waste identified in
§ 261, Subsection C.
(i) If the
electrolyte and/or other solid waste exhibit a characteristic of hazardous
waste, it must be managed in compliance with all applicable requirements of
Sections 260 through 270. The handler is considered the generator of the
hazardous electrolyte and/or other waste and is subject to §
262.
(ii) If the electrolyte or
other solid waste is not hazardous, the handler may manage the waste in any way
that is in compliance with applicable federal, state or local solid waste rules
and regulations.
(b) Universal waste pesticides: A large
quantity handler of universal waste must manage universal waste pesticides in a
way that prevents releases of any universal waste or component of a universal
waste to the environment. The universal waste pesticides must be contained in
one or more of the following:
(1) A container
that remains closed, structurally sound, compatible with the pesticide, and
that lacks evidence of leakage, spillage, or damage that could cause leakage
under reasonably foreseeable conditions; or
(2) A container that does not meet the
requirements of paragraph (1), provided that the unacceptable container is
overpacked in a container that does meet the requirements of paragraph (1);
or
(3) A tank that meets the
requirements of 265 Subsection J, except for §§ 265.197(c), 265.200,
and 265.201; or
(4) A transport
vehicle or vessel that is closed, structurally sound, compatible with the
pesticide, and that lacks evidence of leakage, spillage, or damage that could
cause leakage under reasonably foreseeable conditions.
(c) Universal waste mercury-containing
devices: A large quantity handler of universal waste must manage universal
waste mercury-containing devices in a way that prevents releases of any
universal waste or component of a universal waste to the environment, as
follows:
(1) A large quantity handler of
universal waste must place in a container any universal waste
mercury-containing device with non-contained elemental mercury or that shows
evidence of leakage, spillage, or damage that could cause leakage under
reasonably foreseeable conditions. The container must be closed, structurally
sound, compatible with the contents of the mercury-containing device, and must
lack evidence of leakage, spillage, or damage that could cause leakage under
reasonably foreseeable conditions, and must be reasonably designed to prevent
the escape of mercury into the environment by volatilization or any other
means.
(2) A large quantity handler
of universal waste may remove mercury-containing ampules from universal waste
thermostats or other mercury-containing devices provided the handler:
(i) Removes the ampules in a manner designed
to prevent breakage of the ampules;
(ii) Removes ampules only over or in a
containment device (e.g., tray or pan sufficient to contain any mercury
released from an ampule in case of breakage);
(iii) Ensures that a mercury clean-up system
is readily available to immediately transfer any mercury resulting from spills
or leaks from broken ampules, from the containment device to a container that
meets the requirements of § 262.34;
(iv) Immediately transfers any mercury
resulting from spills or leaks from broken ampules from the containment device
to a container that meets the requirements of § 262.34;
(v) Ensures that the area in which ampules
are removed is well ventilated and monitored to ensure compliance with
applicable OSHA exposure levels for mercury;
(vi) Ensures that employees removing ampules
are thoroughly familiar with proper waste mercury handling and emergency
procedures, including transfer of mercury from containment devices to
appropriate containers;
(vii)
Stores removed ampules in closed, non-leaking containers that are in good
condition;
(viii) Packs removed
ampules in the container with packing materials adequate to prevent breakage
during storage, handling, and transportation; and
(3) A large quantity handler of universal
waste mercury-containing devices that do not contain an ampule may remove the
original housing holding the mercury from universal waste mercury-containing
devices provided the handler:
(i) immediately
seals the original housing holding the mercury with an airtight seal to prevent
the release of any mercury to the environment; and
(ii) Follows all requirements for removing
ampules and managing removed ampules under paragraph (2) of this subsection;
and
(4)
(i) A large quantity handler of universal
waste who removes mercury-containing ampules from mercury-containing devices or
seals mercury from mercury-containing devices must determine whether the
following exhibit a characteristic of hazardous waste identified in § 261,
Subsection C:
(A) Mercury or clean-up
residues resulting from spills or leaks; and/or
(B) Other solid waste generated as a result
of the removal of mercury-containing ampules or housing (e.g., the remaining
mercury-containing device).
(ii) If the mercury, residues, and/or other
solid waste exhibit a characteristic of hazardous waste, it must be managed in
compliance with all applicable requirements of Sections 260 through 270 of this
Rule. The handler is considered the generator of the mercury, residues, and/or
other waste and is subject to § 262 of this rule.
(iii) If the mercury, residues, and/or other
solid waste is not hazardous, the handler may manage the waste in any way that
is in compliance with applicable federal, state or local solid waste rules and
regulations.
(d) Lamps. A large quantity handler of
universal waste must manage lamps in a way that prevents releases of any
universal waste or component of a universal waste to the environment, as
follows:
(1) A large quantity handler of
universal waste must contain any lamp in containers or packages that are
structurally sound, adequate to prevent breakage, and compatible with the
contents of the lamps. Such containers and packages must remain closed and must
lack evidence of leakage, spillage or damage that could cause leakage under
reasonably foreseeable conditions.
(2) A large quantity handler of universal
waste must immediately clean up and place in a container any lamp that is
broken and must place in a container any lamp that shows evidence of breakage,
leakage, or damage that could cause the release of mercury or other hazardous
constituents to the environment. Containers must be closed, structurally sound,
compatible with the contents of the lamps and must lack evidence of leakage,
spillage or damage that could cause leakage or releases of mercury or other
hazardous constituents to the environment under reasonably foreseeable
conditions.
(e)
Consumer electronic items. A large quantity handler of universal waste must
manage waste consumer electronic items in a way that prevents releases of any
universal waste or component of a universal waste to the environment, as
follows:
(1)
A large
quantity handler of universal waste must contain any waste consumer electronic
item in containers or packages that are structurally sound, adequate to prevent
breakage, and compatible with the contents of the items. Such containers and
packages must remain closed and must lack evidence of leakage, spillage or
damage that could cause leakage under reasonably foreseeable
conditions.
(2)
A
large quantity handler of universal waste must immediately clean up and place
in a container any CRT that is broken and must place in a container any CRT
that shows evidence of breakage, leakage, or damage that could cause the
release of lead or other hazardous constituents to the environment. Containers
must be closed, structurally sound, compatible with the contents of the items
and must lack evidence of leakage, spillage or damage that could cause leakage
or releases of lead or other hazardous constituents to the environment under
reasonably foreseeable conditions.
(3)
A large quantity handler of
universal waste may conduct the following activities as long as cathode ray
tubes are not broken and the casing of battery cells is not breached and
remains intact and closed:
(i)
sorting consumer electronic items by type;
(ii)
mixing consumer electronic item
types in one container;
(iii)
disassembling consumer
electronic items to separate CRTs, batteries, circuit boards, or other
components to facilitate the recycling or reclamation of these
components;
(4)
A large quantity handler of universal waste who disassembles consumer
electronic items for the purpose of facilitating the recycling or reclamation
of individual components of those items must determine whether those components
and/or other solid waste resulting from the activities listed above exhibit a
characteristic of hazardous waste identified in § 261, Subsection
C.
(i)
If the separated
components of the consumer electronic items and/or other solid waste exhibit a
characteristic of hazardous waste, they may continue to be managed as a
universal waste under the provisions of this Section. Otherwise, they are
subject to all applicable requirements of Sections 260 through 270 of this
Rule. The handler is then considered the generator of this hazardous waste
and/or other waste and is subject to § 262 of this
Rule.
(ii)
If the
separated component or other solid waste is not hazardous, the handler may
manage the waste in any way that is in compliance with applicable federal,
state or local solid waste rules and regulations.
§ 273.34
Labeling/marking
A large quantity handler of universal waste must label or mark the universal waste to identify the type of universal waste as specified below:
(a) Universal waste batteries
(i.e., each battery), or a container or tank in which the batteries are
contained, must be labeled or marked clearly with any one of the following
phrases: "Universal Waste - Battery(ies)," or "Waste Battery(ies)," or "Used
Battery(ies);"
(b) A container (or
multiple container package unit), tank, transport vehicle or vessel in which
recalled universal waste pesticides as described in § 273.3(a)(1) are
contained must be labeled or marked clearly with:
(1) The label that was on or accompanied the
product as sold or distributed; and
(2) The words "Universal Waste -
Pesticide(s)" or "Waste - Pesticide(s);"
(c) A container, tank, or transport vehicle
or vessel in which unused pesticide products as described in § 273.3(a)(2)
are contained must be labeled or marked clearly with:
(1)
(i) The
label that was on the product when purchased, if still legible;
(ii) If using the labels described in
paragraph (1)(i) is not feasible, the appropriate label as required under the
Department of Transportation regulation 49 CFR part 172;
(iii) If using the labels described in
paragraphs (1)(i) and (1)(ii) is not feasible, another label prescribed or
designated by the pesticide collection program; and
(2) The words "Universal Waste -
Pesticide(s)" or "Waste - Pesticide(s)."
(d)
(1)
Mercury-containing devices (i.e., each device), or a container in which the
mercury-containing device is contained, must be labeled or marked clearly with
any of the following phrases: "Universal Waste-Mercury Containing Device(s),"
"Waste Mercury-Containing Devices," or "Used Mercury-Containing
Devices."
(2) A universal waste
mercury-containing thermostat or container containing only universal waste
mercury-containing thermostats may be labeled or marked clearly with any of the
following phrases: "Universal Waste-Mercury Thermostat(s)," "Waste Mercury
Thermostat(s)," or "Used Mercury Thermostat(s)."
(e) Each lamp or a container or package in
which universal waste lamps are contained must be labeled or marked clearly
with any one of the following phrases: "Universal Waste-Lamp(s)," or "Waste
Lamp(s)," or "Used Lamp(s)."
(f)
Universal waste consumer electronic items (i.e., each item), or a
container in which the consumer electronic items are contained, must be labeled
or marked clearly with the phrases: "Universal Waste," followed by a
description of the item or the items in the container - e.g., "Consumer
Electronic Items", or "Electronic Wastes," or "Used Electronic Items;"
etc.
§
273.35
Accumulation time limits
(a) A large quantity handler of universal
waste may accumulate universal waste for no longer than one year from the date
the universal waste is generated, or received from another handler, unless the
requirements of paragraph (b) are met.
(b) A large quantity handler of universal
waste may accumulate universal waste for longer than one year from the date the
universal waste is generated, or received from another handler, if such
activity is solely for the purpose of accumulation of such quantities of
universal waste as necessary to facilitate proper recovery, treatment, or
disposal. However, the handler bears the burden of proving that such activity
was solely for the purpose of accumulation of such quantities of universal
waste as necessary to facilitate proper recovery, treatment, or
disposal.
(c) A large quantity
handler of universal waste must be able to demonstrate the length of time that
the universal waste has been accumulated from the date it becomes a waste or is
received. The handler may make this demonstration by:
(1) Placing the universal waste in a
container and marking or labeling the container with the earliest date that any
universal waste in the container became a waste or was received;
(2) Marking or labeling the individual item
of universal waste (e.g., each battery or thermostat) with the date it became a
waste or was received;
(3)
Maintaining an inventory system on-site that identifies the date the universal
waste being accumulated became a waste or was received;
(4) Maintaining an inventory system on-site
that identifies the earliest date that any universal waste in a group of
universal waste items or a group of containers of universal waste became a
waste or was received;
(5) Placing
the universal waste in a specific accumulation area and identifying the
earliest date that any universal waste in the area became a waste or was
received; or
(6) Any other method
which clearly demonstrates the length of time that the universal waste has been
accumulated from the date it becomes a waste or is received.
§ 273.36
Employee training
A large quantity handler of universal waste must ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relative to their responsibilities during normal facility operations and emergencies.
§
273.37
Response to releases
(a) A large quantity handler of universal
waste must immediately contain all releases of universal wastes and other
residues from universal wastes.
(b)
A large quantity handler of universal waste must determine whether any material
resulting from the release is hazardous waste, and if so, must manage the
hazardous waste in compliance with all applicable requirements of Sections 260
through 270. The handler is considered the generator of the material resulting
from the release, and is subject to § 262.
§ 273.38
Off-site shipments
(a) A large quantity handler of universal
waste is prohibited from sending or taking universal waste to a place other
than another universal waste handler, a destination facility, or a foreign
destination.
(b) If a large
quantity handler of universal waste self-transports universal waste off-site,
the handler becomes a universal waste transporter for those self-transportation
activities and must comply with the transporter requirements of Subsection D of
this section while transporting the universal waste.
(c) If a universal waste being offered for
off-site transportation meets the definition of hazardous materials under 49
CFR 171 -180, a large quantity handler of universal waste must package, label,
mark and placard the shipment, and prepare the proper shipping papers in
accordance with the applicable Department of Transportation regulations under
49 CFR parts 172 - 180;
(d) Prior
to sending a shipment of universal waste to another universal waste handler,
the originating handler must ensure that the receiving handler agrees to
receive the shipment.
(e) If a
large quantity handler of universal waste sends a shipment of universal waste
to another handler or to a destination facility and the shipment is rejected by
the receiving handler or destination facility, the originating handler must
either:
(1) Receive the waste back when
notified that the shipment has been rejected, or
(2) Agree with the receiving handler on a
destination facility to which the shipment will be sent.
(f) A large quantity handler of universal
waste may reject a shipment containing universal waste, or a portion of a
shipment containing universal waste that he has received from another handler.
If a handler rejects a shipment or a portion of a shipment, he must contact the
originating handler to notify him of the rejection and to discuss reshipment of
the load. The handler must:
(1) Send the
shipment back to the originating handler, or
(2) If agreed to by both the originating and
receiving handler, send the shipment to a destination facility.
(g) If a large quantity handler of
universal waste receives a shipment containing hazardous waste that is not a
universal waste, the handler must immediately notify the Division of the
illegal shipment, and provide the name, address, and phone number of the
originating shipper. The Division will provide instructions for managing the
hazardous waste.
(h) If a large
quantity handler of universal waste receives a shipment of non-hazardous,
non-universal waste, the handler may manage the waste in any way that is in
compliance with applicable federal, state or local solid waste rules and
regulations.
§
273.39
Tracking universal waste shipments
(a) Receipt of shipments. A large quantity
handler of universal waste must keep a record of each shipment of universal
waste received at the facility. The record may take the form of a log, invoice,
manifest, bill of lading, movement document, or other shipping document. The
record for each shipment of universal waste received must include the following
information:
(1) The name and address of the
originating universal waste handler or foreign shipper from whom the universal
waste was sent;
(2) The quantity of
each type of universal waste received (e.g., batteries, pesticides,
thermostats);
(3) The date of
receipt of the shipment of universal waste.
(b) Shipments off-site. A large quantity
handler of universal waste must keep a record of each shipment of universal
waste sent from the handler to other facilities. The record may take the form
of a log, invoice, manifest, bill of lading, movement document or other
shipping document. The record for each shipment of universal waste sent must
include the following information:
(1) The
name and address of the universal waste handler, destination facility, or
foreign destination to whom the universal waste was sent;
(2) The quantity of each type of universal
waste sent (e.g., batteries, pesticides, thermostats);
(3) The date the shipment of universal waste
left the facility.
(c)
Record retention.
(1) A large quantity
handler of universal waste must retain the records described in paragraph (a)
of this section for at least three years from the date of receipt of a shipment
of universal waste.
(2) A large
quantity handler of universal waste must retain the records described in
paragraph (b) of this section for at least three years from the date a shipment
of universal waste left the facility.
§ 273.40
Exports
A large quantity handler of universal waste who sends universal waste to a foreign destination is subject to the requirements of Section 262, subsection H.
Subsection
D
-- Standards for Universal Waste Transporters
§ 273.50
Applicability
This Subsection applies to universal waste transporters (as defined in 273.9).
§
273.51
Prohibitions
A universal waste transporter is:
(a) Prohibited from disposing of universal
waste; and
(b) Prohibited from
diluting or treating universal waste, except by responding to releases as
provided in § 273.54.
§
273.52
Waste management
(a) A universal waste transporter must comply
with all applicable U.S. Department of Transportation regulations in 49 CFR
part 171 through 180 for transport of any universal waste that meets the
definition of hazardous material in
49 CFR
171.8. For purposes of the Department of
Transportation regulations, a material is considered a hazardous waste if it is
subject to the Hazardous Waste Manifest Requirements of the U.S. Environmental
Protection Agency specified in 40 CFR 262 . Because universal waste does not
require a hazardous waste manifest, it is not considered hazardous waste under
the Department of Transportation regulations.
(b) Some universal waste materials are
regulated by the Department of Transportation as hazardous materials because
they meet the criteria for one or more hazard classes specified in
49
CFR 173.2. As universal waste shipments do
not require a manifest under 262, they may not be described by the DOT proper
shipping name "hazardous waste, (l) or (s), n.o.s.", nor may the hazardous
material's proper shipping name be modified by adding the word
"waste".
§ 273.53
Storage time limits
(a) A
universal waste transporter may only store the universal waste at a universal
waste transfer facility for ten days or less.
(b) If a universal waste transporter stores
universal waste for more than ten days, the transporter becomes a universal
waste handler and must comply with the applicable requirements of Subsections B
or C of this section while storing the universal waste.
§ 273.54
Response to
releases
(a) A universal waste
transporter must immediately contain all releases of universal wastes and other
residues from universal wastes.
(b)
A universal waste transporter must determine whether any material resulting
from the release is hazardous waste, and if so, it is subject to all applicable
requirements of Sections 260 through 272. If the waste is determined to be a
hazardous waste, the transporter is subject to § 262.
§ 273.55
Off-site shipments
(a) A universal waste transporter is
prohibited from transporting the universal waste to a place other than a
universal waste handler, a destination facility, or a foreign
destination.
(b) If the universal
waste being shipped off-site meets the Department of Transportation's
definition of hazardous materials under
49 CFR
171.8, the shipment must be properly
described on a shipping paper in accordance with the applicable Department of
Transportation regulations under 49 CFR part 172.
§ 273.56
Exports
A universal waste transporter transporting a shipment of universal waste to a foreign destination is subject to the requirements of section 262, subsection H.
Subsection E
-- Standards for
Destination Facilities
§ 273.60
Applicability
(a) The owner or
operator of a destination facility (as defined in 273.9) is subject to all
applicable requirements of Sections 264, 265, 266, 268, and 270, of this Rule,
and the notification requirement under Section 3010 of RCRA:
(b) The owner or operator of a destination
facility that recycles a particular universal waste without storing that
universal waste before it is recycled must comply with §
261.6(c)(2).
§
273.61
Off-site shipments
(a) The owner or operator of a destination
facility is prohibited from sending or taking universal waste to a place other
than a universal waste handler, another destination facility or foreign
destination.
(b) The owner or
operator of a destination facility may reject a shipment containing universal
waste, or a portion of a shipment containing universal waste. If the owner or
operator of the destination facility rejects a shipment or a portion of a
shipment, he must contact the shipper to notify him of the rejection and to
discuss reshipment of the load. The owner or operator of the destination
facility must:
(1) Send the shipment back to
the original shipper, or
(2) If
agreed to by both the shipper and the owner or operator of the destination
facility, send the shipment to another destination facility.
(c) If the a owner or operator of
a destination facility receives a shipment containing hazardous waste that is
not a universal waste, the owner or operator of the destination facility must
immediately notify the Division of the illegal shipment, and provide the name,
address, and phone number of the shipper. The Division will provide
instructions for managing the hazardous waste.
(d) If the owner or operator of a destination
facility receives a shipment of non-hazardous, non-universal waste, the owner
or operator may manage the waste in any way that is in compliance with
applicable federal or state solid waste rules and regulations.
§ 273.62
Tracking
universal waste shipments
(a) The
owner or operator of a destination facility must keep a record of each shipment
of universal waste received at the facility. The record may take the form of a
log, invoice, manifest, bill of lading, movement document, or other shipping
document. The record for each shipment of universal waste received must include
the following information:
(1) The name and
address of the universal waste handler, destination facility, or foreign
shipper from whom the universal waste was sent;
(2) The quantity of each type of universal
waste received (e.g., batteries, pesticides, thermostats);
(3) The date of receipt of the shipment of
universal waste.
(b) The
owner or operator of a destination facility must retain the records described
in paragraph (a) of this section for at least three years from the date of
receipt of a shipment of universal waste.
Subsection F
-- Import
Requirements
§ 273.70
Imports
Persons managing universal waste that is imported from a foreign country into the United States are subject to the requirements of section 262 subsection H and the applicable requirements of this part, immediately after the waste enters the United States, as indicated in paragraphs (a) through (c) of this section :
(a) A universal waste transporter is subject
to the universal waste transporter requirements of Subsection D of this
Section.
(b) A universal waste
handler is subject to the small or large quantity handler of universal waste
requirements of Subsections B or C, as applicable.
(c) An owner or operator of a destination
facility is subject to the destination facility requirements of Subsection E of
this Section.
(d) Persons managing
universal waste that is imported from an OECD country as specified in §
262.58(a)(1) are subject to paragraphs (a) through (c) of this section, in
addition to the requirements of section 262, subsection H.
Subsection G
--
Petitions to Include Other Wastes under § 273
§ 273.80
General
(a) Any person seeking to add a hazardous
waste or a category of hazardous waste to this part may petition for a
regulatory amendment under this Subsection, § 260.20 and §
260.23.
(b) To be successful, the
petitioner must demonstrate to the satisfaction of the Commission that the rule
under the universal waste rules of § 273 is: appropriate for the waste or
category of waste; will improve management practices for the waste or category
of waste; and will improve implementation of the hazardous waste program. The
petition must include the information required by § 260.20(b). The
petition should also address as many of the factors listed in § 273.81 as
are appropriate for the waste or waste category addressed in the
petition.
(c) The Commission will
evaluate petitions using the factors listed in § 273.81. The Commission
will grant or deny a petition using the factors listed in § 273.81. The
decision will be based on the weight of evidence showing that the rule under
§ 273 is appropriate for the waste or category of waste, will improve
management practices for the waste or category of waste, and will improve
implementation of the hazardous waste program.
§ 273.81
Factors for Petitions to
Include Other Wastes under § 273
(a) The waste or category of waste, as
generated by a wide variety of generators, is listed in Subsection D of Section
261 of this Rule, or (if not listed) a proportion of the waste stream exhibits
one or more characteristics of hazardous waste identified in Subsection C of
§ 261 of this Rule. (When a characteristic waste is added to the universal
waste rules of § 273 by using a generic name to identify the waste
category (e.g., batteries), the definition of universal waste in § 260.10
and § 273.9 will be amended to include only the hazardous waste portion of
the waste category (e.g., hazardous waste batteries). Thus, only the portion of
the waste stream that does exhibit one or more characteristics (i.e., is
hazardous waste) is subject to the universal waste rules of §
273;
(b) The waste or category of
waste is not exclusive to a specific industry or group of industries, is
commonly generated by a wide variety of types of establishments (including, for
example, households, retail and commercial businesses, office complexes, very y
small quantity generators, small businesses, government organizations, as well
as large industrial facilities);
(c) The waste or category of waste is
generated by a large number of generators (e.g., more than 1,000 nationally)
and is frequently generated in relatively small quantities by each
generator;
(d) Systems to be used
for collecting the waste or category of waste (including packaging, marking,
and labeling practices) would ensure close stewardship of the waste;
(e) The risk posed by the waste or category
of waste during accumulation and transport is relatively low compared to other
hazardous wastes, and specific management standards proposed or referenced by
the petitioner (e.g., waste management requirements appropriate to be added to
§§ 273.13, 273.33, and 273.52; and/or applicable Department of
Transportation requirements) would be protective of human health and the
environment during accumulation and transport;
(f) Regulation of the waste or category of
waste under § 273 will increase the likelihood that the waste will be
diverted from non-hazardous waste management systems (e.g, the municipal waste
stream, non-hazardous industrial or commercial waste stream, municipal sewer or
stormwater systems) to recycling, treatment, or disposal in compliance with the
Hazardous Waste Management Act.
(g)
Regulation of the waste or category of waste under § 273 will improve
implementation of and compliance with the hazardous waste regulatory program;
and/or
(h) Such other factors as
may be appropriate.
Section 279.
- STANDARDS FOR THE
MANAGEMENT OF USED OIL
Subsection A
-- Definitions
§ 279.1
Definitions
Terms that are defined in §§ 260.10 and 261.1 of this rule and 40 CFR Part 280 have the same meanings when used in this part.
"Aboveground tank" means a tank used to store or process used oil that is not an underground storage tank as defined in 40 CFR 280.12.
"Container" means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.
"Do-it-yourselfer used oil collection center" means any site or facility that accepts and/or aggregates and stores used oil collected only from household do-it-yourselfers.
"Existing tank" means a tank that is used for the storage or processing of used oil and that is in operation or for which installation has commenced on or prior to the effective date of the rules in this Section. Installation will be considered to have commenced if the owner or operator has obtained all federal, state, and local approvals or permits necessary to begin installation of the tank and if either (1) a continuous on-site installation program has begun, or (2) the owner or operator has entered into contractual obligations - which cannot be modified or cancelled without substantial loss - for installation of the tank to be completed within a reasonable time.
"Household do-it-yourselfer used oil" means oil that is generated from households, such as used oil generated by individuals who generate used oil through the maintenance of their personal vehicles.
"Household do-it-yourselfer used oil generator" means an individual who generates household do-it-yourselfer used oil.
"New tank" means a tank that will be used to store or process used oil and for which installation has commenced after the effective date of the rules in this Section.
"Petroleum refining facility" means an establishment primarily engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, and lubricants, through fractionation, straight distillation of crude oil, redistillation of unfinished petroleum derivatives, cracking or other processes (i.e., facilities classified as SIC 2911).
"Processing" means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other used-oil derived products. Processing includes, but is not limited to, blending used oil with virgin petroleum products, blending used oils to meet the fuel specification, filtration, simple distillation, chemical or physical separation, and re-refining.
"Re-refining distillation bottoms" means the heavy fraction produced by vacuum distillation of filtered and dehydrated used oil. The composition of still bottoms varies with column operation and feedstock.
"Tank" means any stationary device, designed to contain an accumulation of used oil which is constructed primarily of non-earthen materials, (e.g., wood, concrete, steel, plastic) which provides structural support.
"Used oil" means any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of that use is contaminated by physical or chemical impurities.
"Used oil aggregation point" means any site or facility that accepts, aggregates, and/or stores used oil collected only from other used oil generation sites owned or operated by the owner or operator of the aggregation point, from which used oil is transported to the aggregation point in shipments of no more than 55 gallons. Used oil aggregation points may also accept used oil from household do-it-yourselfers.
"Used oil burner" means a facility where used oil not meeting the specification requirements in § 279.11 is burned for energy recovery in devices identified in § 279.61(a).
"Used oil collection center" means any site or facility that is registered, licensed, permitted, or recognized by a state, county, or municipal government to manage used oil and accepts or aggregates and stores used oil collected from used oil generators regulated under Subsection C of this Section who bring used oil to the collection center in shipment of no more than 55 gallons under the provisions of Section 279.24. Used oil collection centers may also accept used oil from household do-it-yourselfers.
"Used oil fuel marketer" means any person who conducts either of the following activities:
(1) Directs a shipment of off-specification
used oil from their facility to a used oil burner; or
(2) First claims that used oil that is to be
burned for energy meets the used oil specifications set forth in § 279.11
of this Section.
"Used oil generator" means any person, by site, whose act or process produces used oil or whose act first causes used oil to become subject to regulation.
"Used oil processor" or "used oil re-refiner" means a facility that processes used oil.
"Used oil transfer facility" means any transportation related facility including loading docks, parking areas, storage areas and other areas where shipments of used oil are held for more than 24 hours and not longer than 35 days during the normal course of transportation or prior to an activity performed pursuant to § 279.20(b)(2). Transfer facilities that store used oil for more than 35 days are subject to regulation under subsection F of this Section.
"Used oil transporter" means any person who transports used oil, any person who collects used oil from more than one generator and transports the collected oil, and owners and operators of used oil transfer facilities. Used oil transporters may consolidate or aggregate loads of used oil for purposes of transportation but, with the following exception, may not process used oil. Transporters may conduct incidental processing operations that occur in the normal course of used oil transportation (e.g., settling and water separation) but that are not designed to produce (or make more amenable for production of) used oil derived products or used oil fuel.
Subsection B
-- Applicability
§ 279.10
Applicability
This section identifies those materials which are subject to regulation as used oil under this
Section. This section also identifies some materials that are not subject to regulation as used oil under this Section, and indicates whether these materials may be subject to regulation as hazardous wastes under Sections 260 through 270 of this rule.
(a) Used
oil. The Division presumes that used oil is to be recycled unless a used oil
handler disposes of used oil, or sends used oil for disposal. Except as
provided in § 279.11, the rules of this Section apply to used oil, and to
materials identified in this Section as being subject to regulation as used
oil, whether or not the used oil or material exhibits any characteristic of
hazardous waste identified in Subsection C of Section 261 of this
rule.
(b) Mixtures of used oil and
hazardous waste
(1) Listed hazardous wastes.
(i) Mixtures of used oil and any hazardous
waste that is listed in Subsection D of Section 261 of this rule are subject to
as hazardous waste under Sections 260 through 270 of this rule, rather than as
used oil under this Section.
(ii)
Rebuttable presumption for used oil. Used oil containing more than 1000 ppm
total halogens is presumed to be a hazardous waste because it has been mixed
with a halogenated hazardous waste listed in Subsection D, Section 261 of this
rule. Persons may rebut this presumption by demonstrating that the used oil
does not contain hazardous waste, for example by showing that the used oil does
not contain significant concentrations of halogenated hazardous constituents
listed in Appendix VIII of Section 261 of this rule).
(A) The rebuttable presumption does not apply
to metalworking oils or fluids containing chlorinated paraffins, if they are
processed, through a tolling arrangement as described in § 279.24(c), to
reclaim metalworking oils/fluids. The presumption does apply
to metalworking oils and fluids if such oils and fluids are recycled in any
other manner or disposed.
(B) The
rebuttable presumption does not apply to used oils contaminated with
chloroflourocarbons (CFCs) removed from refrigeration units where the CFCs are
destined for reclamation. The rebuttable presumption does
apply to used oils contaminated with CFCs that have been mixed with
used oil from sources other than refrigeration units.
(2) Characteristic hazardous
waste. Mixtures of used oil and hazardous waste that solely exhibit one or more
of the hazardous waste characteristics identified in Subsection C of Section
261 of this rule and mixtures of used oil and hazardous waste that is listed in
Subsection D of Section 261 solely because it exhibits one or more of the
characteristics of hazardous waste identified in Subsection C are subject to :
(i) Except as provided in paragraph
(b)(2)(iii) of this section, regulation as hazardous waste under Sections 260
through 270 of this rule rather than as used oil under this section, if the
resultant mixture exhibits any characteristics of hazardous waste identified in
Subsection C of Section 261 of this rule.
(ii) Except as specified in §
279.10(b)(2)(iii), regulation as used oil under this Section, if the resultant
mixture does not exhibit any characteristics of hazardous waste identified in
Subsection C of Section 261 of this rule.
(iii) Regulation as used oil under this
Section, if the mixture is of used oil and a waste which is hazardous solely
because it exhibits the characteristic of ignitability (e.g., ignitable-only
mineral spirits), provided that the resultant mixture does not exhibit the
characteristic of ignitability under § 261.21 of this rule. (3) Very small
quantity generator hazardous waste. Mixtures of used oil and very small
quantity generator hazardous waste are subject to regulation as used oil under
this Section.
(c) Materials containing or otherwise
contaminated with used oil.
(1) Except as
provided in paragraph (c)(2) of this Subsection, materials containing or
otherwise contaminated with used oil from which the used oil has been properly
drained or removed to the extent possible such that no signs of free-flowing
used oil remain in or on the material:
(i) Are
not used oil and thus not subject to this Section; and
(ii) If applicable are subject to the
hazardous waste rules of Sections 261 through 266, 268, and 270 of this
Rule.
(2) Materials
containing or otherwise contaminated with used oil that are burned for energy
recovery are subject to regulation as used oil under this Section.
(3) Used oil drained or removed from
materials containing or otherwise contaminated with used oil is subject to
regulation as used oil under this Section.
(d) Mixtures of used oil with products.
(1) Except as provided in paragraph (d)(2) of
this section, mixtures of used oil and fuels or other fuel products are subject
to regulation as used oil under this Section.
(2) Mixtures of used oil and diesel fuel
mixed on-site by the generator of the used oil for use in the generator's own
vehicles are not subject to this Section once the used oil and diesel fuel have
been mixed. Prior to the mixing, the used oil is subject to the requirements of
Subsection C of this Section.
(e) Materials derived from used oil.
(1) Materials that are reclaimed from used
oil that are used beneficially and are not burned for energy recovery or used
in a manner constituting disposal (e.g., re-refined lubricants) are:
(i) Not used oil, and therefore not subject
to this part, and
(ii) Not solid
wastes, and are thus not subject to the hazardous waste rules of Sections
260-270 of this rule as provided for by § 261.3(c)(2)(i) of this
rule.
(2) Materials
produced from used oil that are burned for energy recovery (e.g., used oil
fuels) are subject to regulation as used oil under this Section.
(3) Except as provided for in paragraph
(e)(4) below, materials derived from used oil that are used in a manner
constituting disposal are:
(i) Not used oil,
and therefore not subject to this Section, and
(ii) Are solid wastes, and thus are subject
to the hazardous waste rules of Sections 260-270 of this rule if the materials
are listed or identified as hazardous waste.
(4) Used oil re-refining distillation bottoms
that are used as feedstock to manufacture asphalt products are not subject to
this Section.
(f)
Wastewater. Wastewater, the discharge of which is subject to regulation under
either Section 402 or 307(b) of the Federal Clean Water Act and the Water and
Air Pollution Control Act (including wastewaters at facilities which have
eliminated the discharge of wastewater), contaminated with de minimis
quantities of used oil are not subject to the requirements of this
part. For the purpose of this Section, "de minimis" quantities
of used oil are defined as small spills, leaks, or drippings from pumps,
machinery, pipes, and other similar equipment during normal operations or small
amounts of oil lost to the wastewater treatment system during washing or
draining operations. This exception will not apply if the used oil is discarded
as a result of abnormal manufacturing operations resulting in substantial
leaks, spills, or other releases, or to used oil recovered from
wastewaters.
(g) Used oil
introduced into crude oil pipelines or a petroleum refining facility.
(1) Used oil mixed with crude oil or natural
gas liquids (e.g., in a production separator or crude oil stock tank) for
insertion into a crude oil pipeline is exempt from the requirements of this
Section. The used oil is subject to the requirements of this Section prior to
the mixing of used oil with crude oil or natural gas liquids.
(2) Mixtures of used oil and crude oil or
natural gas liquids containing less than 1% used oil that are being stored or
transported to a crude oil pipeline or petroleum refining facility for
insertion into the refining process at a point prior to crude distillation or
catalytic cracking are exempt from the requirements of this Section.
(3) Used oil that is inserted into the
petroleum refining facility process before crude distillation or catalytic
cracking without prior mixing with crude oil is exempt from the requirements of
this Section provided that the used oil constitutes less than 1% of the crude
oil feed to any petroleum refining facility process unit at any given time.
Prior to insertion into the petroleum refining facility process, the used oil
is subject to the requirements of this Section.
(4) Except as provided in paragraph (g)(5) of
this section, used oil that is introduced into a petroleum refining facility
process after crude distillation or catalytic cracking is exempt from the
requirements of this Section only if the used oil meets the specification of
§ 279.11. Prior to insertion into the petroleum refining facility process,
the used oil is subject to the requirements of this Section.
(5) Used oil that is incidentally captured by
a hydrocarbon recovery system or wastewater treatment system as part of routine
process operations at a petroleum refining facility and inserted into the
petroleum refining facility process is exempt from the requirements of this
Section. This exemption does not extend to used oil which is intentionally
introduced into a hydrocarbon recovery system (e.g., by pouring collected used
oil into the waste water treatment system).
(6) Tank bottoms from stock tanks containing
exempt mixtures of used oil and crude oil or natural gas liquids are exempt
from the requirements of this Section.
(h) Used oil on vessels. Used oil produced on
vessels from normal shipboard operations is not subject to this Section until
it is transported ashore.
(i) Used
oil containing PCBs. Used oil containing PCBs (as defined at
40
CFR 761.3) at any concentration less than 50
ppm is subject to the requirements of this Section unless, because of dilution,
it is regulated under 40 CFR Part 761 as a used oil containing PCBs at 50 ppm
or greater. PCB-containing used oil subject to the requirements of this Section
may also be subject to the prohibitions and requirements found at 40 CFR Part
761, including § 761.20(d) and (e). Used oil containing PCBs at
concentrations of 50 ppm or greater is not subject to the requirements of this
Section, but is subject to regulation under 40 CFR Part 761. No person may
avoid these provisions by diluting used oil containing PCBs, unless otherwise
specifically provided for in this Rule or 40 CFR Part 761.
§ 279.11
Used oil
specifications
Used oil burned for energy recovery, and any fuel produced from used oil by processing, blending, or other treatment is subject to regulation under this Section unless it is shown not to exceed any of the allowable levels of the constituents and properties shown in Table 1. Once used oil that is to be burned for energy recovery has been shown not to exceed any allowable level and the person making that showing complies with §§ 279.72, 279.73, and 279.74(b), the used oil is no longer subject to this Section.
TABLE 1.
USED OIL NOT EXCEEDING ANY ALLOWABLE LEVEL SHOWN BELOW IS NOT SUBJECT TO THIS SECTION WHEN BURNED FOR ENERGY RECOVERY1
|
Constituent/Property |
Allowable Level |
|
Arsenic |
5 ppm maximum |
|
Cadmium |
2 ppm maximum |
|
Chromium |
10 ppm maximum |
|
Lead |
100 ppm maximum |
|
Flash Point |
100 °F minimum |
|
Total Halogens |
4,000 ppm maximum2 |
(1) The allowable
levels do not apply to mixtures of used oil and hazardous waste that continue
to be regulated as hazardous waste (See § 279.10(b)).
(2) Used oil containing more than 1,000 ppm
total halogens is presumed to be a hazardous waste under the rebuttable
presumption provided under §279.10(b)(1). Such used oil is subject to
Subsection H of Section 266 of this rule rather than this Section when burned
for energy recovery unless the presumption of mixing can be successfully
rebutted.
(3) Applicable standards
for the burning of used oil containing PCBs are imposed by
40 CFR
761.20(e).
§ 279.12
Prohibitions
(a) Surface impoundment
prohibition. Used oil shall not be managed in surface impoundments or waste
piles unless the units are subject to regulation under Sections 264 or 265 of
this rule.
(b) Use as a dust
suppressant. Except as provide at § 279.82, the use of used oil as a dust
suppressant is prohibited.
(c)
Burning in particular units. Off-specification used oil fuel may be burned for
energy recovery only in the following devices:
(1) Industrial furnaces identified in §
260.10 of this rule.
(2) Boilers,
as defined in § 260.10 of this rule, that are identified as follows:
(i) Industrial boilers located on the site of
a facility engaged in a manufacturing process where substances are transformed
into new products, including the component parts of products, by mechanical or
chemical means;
(ii) Utility
boilers used to produce electric power, steam, heated or cooled air, or other
gases or fluids for sale; or
(iii)
Used oil-fired space heaters provided the burner meets the requirements of
§ 279.23.
(3)
Hazardous waste incinerators subject to regulation under Subsection O of
Sections 264 or 265 of this Rule.
Subsection C
-- Standards for Used Oil
Generators
§ 279.20
Applicability
(a) General. Except as
provided in paragraphs (a)(1) through (a)(4) below, this Subsection applies to
all used oil generators. A used oil generator is any person, by site, whose act
or process produces used oil or whose act causes used oil to become subject to
these rules.
(1) Household "do-it-yourselfer"
used oil generators. Household "do-it-yourselfer" used oil generators are not
subject to regulation under this part.
(2) Vessels. Vessels at sea or at port are
not subject to this Section. For purpose of this Section, used oil produced on
vessels from normal shipboard operations is considered to be generated at the
time it is transported ashore. The owner or operator of the vessel are
co-generators of the used oil and are both responsible for managing the waste
in compliance with this Section once the used oil is transported ashore. The
co-generators may decide among themselves which party will fulfill the
requirements of this Section.
(3)
Diesel fuel. Mixtures of used oil and diesel fuel mixed by the generator of the
used oil for use in the generator's own vehicle are not subject to this Section
once the diesel fuel and the used oil have been mixed. Prior to mixing, the
used oil is subject to the requirements of this Section.
(4) Farmers. Farmers who generate an average
of 25 gallons per month or less of used oil from vehicles or machinery used on
the farm in a calendar year are not subject to the requirements of this
part.
(b) Other
applicable provisions. Used oil generators who conduct the following activities
are subject to the requirements of other applicable provisions of this part as
indicated in paragraphs (b)(1) through (5) of this Section.:
(1) Generators who transport used oil, except
under the self-transport provisions of § 279.24(a) and (b), must also
comply with Subsection E of this Section.
(2)
(i)
Except as provided in paragraph (b)(2)(ii) of this section, generators who
process or re-refine used oil must also comply with subsection F of this
Section.
(ii) Generators who
perform the following activities are not processors provided that the used oil
is generated on-site and is not being sent off-site to a burner of on- or
off-specification used oil fuel.
(A)
Filtering, cleaning, or otherwise reconditioning used oil before returning it
for reuse by the generator;
(B)
Separating used oil from wastewater generated on-site to make the wastewater
acceptable for discharge or reuse pursuant to section 402 or section 307(b) of
the Clean Water Act or other applicable Federal or state rules and regulations
governing the management or discharge of wastewaters;
(C) Using oil mist collectors to remove small
droplets of used oil from in-plant air to make plant air suitable for continued
recirculation;
(D) Draining or
otherwise removing used oil from materials containing or otherwise contaminated
with used oil in order to remove excessive oil to the extent possible pursuant
to § 279.10(c); or
(E)
Filtering, separating or otherwise reconditioning used oil before burning it in
a space heater pursuant to § 279.23.
(3) Generators who burn off-specification
used oil for energy recovery, except under the on-site space heater provisions
of § 279.23, must also comply with Subsection G of this Section.
(4) Generators who direct shipments of
off-specification used oil from their facility to a used oil burner or first
claim that used oil that is to be burned for energy recovery meets the used oil
fuel specifications set forth in § 279.11 must also comply with Subsection
H of this Section.
(5) Generators
who dispose of used oil, including the use of used oil as a dust suppressant,
must also comply with Subsection I of this Section.
§ 279.21
Hazardous
waste mixing
(a) Mixtures of used oil
and hazardous waste must be managed in accordance with §
279.10(b).
(b) The rebuttable
presumption for used oil of § 279.10(b)(1)(ii) applies to used oil managed
by generators. Under the rebuttable assumption for used oil, used oil
containing more than 1,000 ppm total halogens is presumed to be a hazardous
waste and thus must be managed as hazardous waste and not as used oil unless
the presumption is successfully rebutted. However, the rebuttable presumption
does not apply to certain metalworking oils and fluids and certain used oils
removed from refrigeration units.
§ 279.22
Used oil storage
Used oil generators are subject to all applicable federal Spill Prevention, Control, and Countermeasures (40 CFR Part 112) in addition to the requirements of this Subsection. Used oil generators are also subject to the Underground Storage Tank (40 CFR Part 280; APC&EC Rule No. 12) standards for used oil stored in underground tanks whether or not the used oil exhibits any characteristics of hazardous waste, in addition to the requirements of this Subsection.
(a) Storage units. Used
oil generators shall not store used oil in units other than tanks, containers,
or units subject to regulation under Sections 264 and 265 of this
rule.
(b) Condition of units.
Containers and aboveground tanks used to store used oil at generator facilities
must be:
(1) In good condition (no severe
rusting, apparent structural defects, or deterioration); and
(2) Not leaking (no visible leaks).
(c) Labels.
(1) Containers and aboveground tanks used to
store used oil at generator facilities must be labeled or marked clearly with
the words "Used Oil."
(2) Fill
pipes used to transfer used oil into underground storage tanks at generator
facilities must be clearly marked with the words "Used Oil."
(d) Response to releases. Upon
detection of a release of used oil to the environment that is not subject to
the requirements of APC&EC Rule No. 12 or 40 CFR Part 280, subpart F and
which has occurred after the effective date of the recycled used oil management
program in effect in the State in which the release is located, a generator
must perform the following cleanup steps:
(1)
Stop the release;
(2) Contain the
released used oil;
(3) Clean up and
manage properly the released used oil and other materials; and
(4) If necessary, repair or replace any
leaking used oil storage containers or tanks prior to returning them to
service.
§
279.23
On-site burning in space heaters
Generators may burn used oil in used oil-fired space heaters provided that:
(a) The heater burns
only used oil that the owner or operator generates, or used oil received from
household do-it-yourself used oil generators;
(b) The heater is designed to have a maximum
capacity of not more than 0.5 million BTU per hour; and
(c) The combustion gases from the heater are
vented to the ambient air.
§
279.24
Off-site shipments
Except as provided in paragraphs (a) through (c) of this section, generators must insure that their used oil is transported only by transporters who have obtained EPA Identification numbers.
(a) Self-transportation of small amounts to
approved collection centers. Generators may transport, without an EPA
identification number, used oil that is generated at the generator's site and
used oil collected from household do-it-yourselfers to a used oil collection
point provided that:
(1) The generator
transports the used oil in a vehicle owned by the generator or owned by an
employee of the generator;
(2) The
generator transports no more than 55 gallons of used oil at any one time;
and
(3) The generator transports
the used oil to a used oil collection center that is registered, licensed,
permitted, or recognized by a state, county, or local government to manage used
oil.
(b)
Self-transportation of small amounts to aggregation points owned by the
generator. Generators may transport, without an EPA identification number, used
oil that is generated at the generator's site to an aggregation point provided
that:
(1) The generator transports the used
oil in a vehicle owned by the generator or owned by an employee of the
generator;
(2) The generator
transports no more than 55 gallons of used oil at any one time; and
(3) The generator transports the used oil to
an aggregation point that is owned and/or operated by the same
generator.
(c) Tolling
arrangements. Used oil generators may arrange for used oil to be transported by
a transporter without an EPA identification number if the used oil is reclaimed
under a contractual agreement pursuant to which reclaimed oil is returned by
the processor/re-refiner to the generator for use as a lubricant, cutting oil,
or coolant. The contract (known as a "tolling agreement") must indicate:
(1) The type of used oil and the frequency of
shipments;
(2) That the vehicle
used to transport the used oil to the processing/re-refining facility and to
deliver recycled used oil back to the generator is owned and operated by the
used oil processor/re-refiner; and
(3) That reclaimed oil will be returned to
the generator.
Subsection D
-- Standards for Used Oil
Collection Centers and Aggregation Points
§
279.30
Do-it-yourselfer used oil collection centers
(a) Applicability. This section applies to
owners or operators of all do-it-yourselfer (DIY) used oil collection centers.
A DIY used oil collection center is any site or facility that accepts or
aggregates and stores used oil collected from household
do-it-yourselfers.
(b) DIY used oil
collection center requirements. Owners or operators of all DIY used oil
collection centers must comply with the generator standards in Subsection C of
this Section.
§
279.31
Used oil collection centers
(a) Applicability. This section applies to
owners and operators of used oil collection centers. A used oil collection
center is any site or any facility that accepts or aggregates and stores used
oil collected from used oil generators regulated under Subsection C of this
Section who bring used oil to the collection center in shipment of no more than
55 gallons under the provisions of § 279.24(a). Used oil collection
centers may also accept used oil from household do-it-yourselfers.
(b) Used oil collection center requirements.
Owners or operators of all used oil collection centers must:
(1) Comply with the generator standards in
Subsection C of this Section; and
(2) Be registered, licensed, permitted, or
recognized by a state, county or municipal government to manage used
oil1.
§ 279.32
Used oil aggregation
points owned by the generator
(a)
Applicability. This section applies to owners or operators of all used oil
aggregation points. A used oil aggregation point is any site that accepts,
aggregates, and/or stores used oil collected only from other used oil
generation sites owned or operated by the owner or operator of the aggregation
point, from which used oil is transported to the aggregation point in shipments
of no more than 55 gallons under the provisions of § 279.24(b). Used oil
aggregation points may also accept used oil from household do-it-yourselfers.
1.
For the purpose of complying with
this section, a used oil collection center is considered to be "registered,
licensed, permitted, or recognized" if (1) the center has an EPA identification
number issued by the Division, and (2) the center has registered itself or made
any necessary coordination with its local regional solid waste management
district.
(b)
Used oil aggregation point requirements. Owners or operators of all used oil
aggregation points must comply with the generator standards in Subsection C of
this Section.
Subsection
E
-- Standards for Used Oil Transporter and Transfer
Facilities
§ 279.40
Applicability
(a) General. Except as
provided in paragraphs (a)(1) through (a)(4) below, this Subsection applies to
all used oil transporters. Used oil transporters are persons who transport used
oil, persons who collect used oil from more than one generator and transport
the collected oil, and owners and operators of used oil transfer facilities.
(1) This Subsection does not apply to on-site
transportation.
(2) This Subsection
does not apply to generators who transport shipments of used oil totaling 55
gallons or less from the generator to a used oil collection center as specified
in § 279.24(a).
(3) This
Subsection does not apply to generators who transport shipments of used oil
totaling 55 gallons or less from the generator to a used oil aggregation point
owned or operated by the same generator as specified in §
279.24(b).
(4) This Subsection does
not apply to transportation of used oil from household do-it-yourselfers to a
regulated used oil generator, collection center, aggregation point,
processor/re-refiner, or burner subject to the requirements of this Section.
Except as provided in paragraphs (a)(1) through (a)(3) above, this Subsection,
however, does apply to transportation of collected household
do-it-yourselfer used oil from regulated used oil generators, collection
centers, aggregation points, or other facilities where household
do-it-yourselfer used oil is collected.
(b) Imports and Exports. Transporters who
import used oil from abroad or export used oil outside of the United States are
subject to the requirements of this Subsection from the time the used oil
enters and until the time it exits the United States.
(c) Trucks used to transport hazardous waste.
Unless trucks and/or tankers previously used to transport hazardous waste are
emptied as described in § 261.7 of this rule ("RCRA empty") prior to
transporting used oil, the used oil is considered to have been mixed with the
hazardous waste and must be managed as hazardous waste unless, under the
provisions of § 279.10(b), the hazardous waste/used oil mixture is
determined not to be hazardous waste.
(d) Other applicable provisions. Used oil
transporters who conduct the following activities are also subject to other
applicable provisions of this Section as indicated in paragraphs (d)(1) through
(d)(5) of this section:
(1) Transporters who
generate used oil must also comply with Subsection C of this Section;
(2) Transporters who process or re-refine
used oil, except as provided in § 279.41, must also comply with Subsection
F of this Section;
(3) Transporters
who burn off-specification used oil for energy recovery must also comply with
Subsection G of this Section;
(4)
Transporters who direct shipments of off-specification used oil from their
facility to a used oil burner or first claim that used oil that is to be burned
for energy recovery meets the used oil fuel specification set forth at §
279.11 must also comply with Subsection H of this Section;
(5) Transporters who dispose of used oil,
including the uses of used oil as a dust suppressant, must also comply with
Subsection I of this Section.
§ 279.41
Restrictions on
transporters who are not also processors or re-refiners
(a) Used oil transporters may consolidate or
aggregate loads of used oil for purpose of transportation. However, except as
provided in paragraph (b) of this section, used oil transporters may not
process used oil unless they also comply with the requirements for processors
and re-refiners in Subsection F of this Section.
(b) Transporters may conduct incidental
processing operations that occur in the normal course of used oil
transportation (e.g., settling and water separation), but that are not designed
to produce (or make more amenable for production of) used oil derived products
unless they also comply with the requirements for processors and re-refiners in
Subsection F of this Section.
(c)
Transporters of used oil that is removed from oil bearing electrical
transformers and turbines and filtered by the transporter or at a transfer
facility prior to being returned to its original use are not subject to the
processor/re-refiner requirements in subsection F of this Section.
§ 279.42
Notification
(a) Identification
numbers. Used oil transporters who have not previously complied with the
notification requirements of RCRA section 3010 must comply with these
requirements and obtain an EPA identification number. Used oil
transporters that have previously notified the Division of hazardous waste and
other used oil management activities and obtained a U.S. EPA Identification
Number must renotify to identify their used oil transporter
activities.
(b) Mechanics
of notification. A used oil transporter who has not received an EPA
identification number may obtain one by notifying the Director of their used
oil activity by submitting a completed EPA Form 8700-12(AR-11-91R) (to obtain
EPA Form 8700-12(AR-11-91R) call (501) 570-2872 or 570-2876).
§ 279.43
Used oil
transportation
(a) Deliveries. A used
oil transporter must deliver all used oil received to:
(1) Another used oil transporter, provided
that the transporter has obtained an EPA identification number;
(2) A used oil processing or re-refining
facility which has obtained an EPA identification number;
(3) An off-specification used oil burner
facility which has obtained an EPA identification number;
(4) An on-specification used oil burner
facility.
(b) DOT
Requirements. Used oil transporters must comply with all applicable packaging,
labeling, and placarding requirements of the U.S. Department of Transportation
(DOT) under 49 CFR Parts 171-180. Persons transporting used oil that meets the
definition of a hazardous material in
49 CFR
171.8 must comply with all applicable
regulations in 49 CFR Parts 171-180.
(c) Used oil discharges.
(1) In the event of a discharge of used oil
during transportation, the transporter must take appropriate immediate action
to protect human health and the environment (e.g., notify local authorities,
dike the discharge area).
(2) If a
discharge of used oil occurs during transportation and an official (State or
local government, or a Federal agency) acting within the scope of official
responsibilities determines that immediate removal of the used oil is necessary
to protect human health and the environment, that official may authorize the
removal of the used oil by transporters who do not have EPA identification
numbers.
(3) An air, rail, highway,
or water transporter who has discharged used oil must:
(i) Give immediate notice to the Arkansas
State Police and to the principal office or designated contact for the
transporter.
(ii) Give notice, if
required by
49 CFR
171.15, to the National Response Center
(800-424-8802 or 202-426-2675);
(iii) Report in writing as required by
49 CFR
171.16 to the Director, Office of Hazardous
Materials Regulations, Materials Transportation Bureau, Department of
Transportation, Washington, DC 20590; and
(iv) Submit a copy of the written report
required by
49 CFR
171.16 and 263.30(c)(2) to APC&EC
simultaneously with its submission to the federal Department of
Transportation.
(4) A
water transporter who has discharged used oil must give the same notice as
required by
33 CFR
153.203 for oil and hazardous
substances.
(5) A transporter must
clean up any used oil spill or discharge that occurs during transportation or
take such action as may be required or approved by Federal, State, or local
officials so that the used oil discharge no longer presents a hazard to human
health or the environment.
§ 279.44
Rebuttable presumption
for used oil
(a) To insure that used
oil is not a hazardous waste under the rebuttable presumption of §
279.10(b)(1)(ii), the used oil transporter must determine whether the total
halogen content of used oil being transported or stored at a transfer facility
is above or below 1,000 ppm.
(b)
The transporter must make this determination by:
(1) Testing the used oil; or
(2) Applying knowledge of the halogen content
of the used oil in light of the materials or processes used.
(c) If the used oil contains
greater than or equal to 1,000 ppm total halogens, it is presumed to be a
hazardous waste because it has been mixed with halogenated hazardous waste
listed in Subsection D of Section 261 of this rule. The owner or operator may
rebut this presumption by demonstrating that the used oil does not contain
hazardous waste (for example by showing that the used oil does not contain
significant concentrations of halogenated hazardous constituents listed in
Appendix VIII of Section 261 of this rule).
(1) The rebuttable presumption does not apply
to metalworking oils or fluids containing chlorinated paraffins, if they are
processed, through a tolling arrangement as described in § 279.24(c), to
reclaim metalworking oils/fluids. The presumption does apply
to metalworking oils and fluids if such oils and fluids are recycled in any
other manner or disposed.
(2) The
rebuttable presumption does not apply to used oils contaminated with
chloroflourocarbons (CFCs) removed from refrigeration units where the CFCs are
destined for reclamation. The rebuttable presumption does
apply to used oils contaminated with CFCs that have been mixed with
used oil from sources other than refrigeration units.
(d) Record retention. Records of analyses
conducted or information used to comply with paragraphs (a), (b), and (c) above
must be maintained by the transporter for at least three years.
§ 279.45
Used oil
storage at transfer facilities
Used oil transporters are subject to all applicable federal Spill Prevention, Control, and Countermeasures ( 40 CFR Part 112 ) in addition to the requirements of this Subsection. Used oil transporters and transfer facilities are also subject to the Underground Storage Tank ( 40 CFR Part 280 ; APC&EC Rule No. 12) standards for used oil stored in underground tanks whether or not the used oil exhibits any characteristics of hazardous waste, in addition to the requirements of this Subsection.
(a) Applicability. This section applies to
used oil transfer facilities. Used oil transfer facilities are transportation
related facilities including loading docks, parking areas, storage areas, and
other areas where shipment of used oil are held for more than 24 hours during
the normal course of transportation and not longer than 35 days. Transfer
facilities that store used oil for more than 35 days are subject to regulation
under Subsection F of this Section.
(b) Storage units. Owners or operators of
used oil transfer facilities may not store used oil in units other than tanks,
containers, or units subject to regulation under Sections 264 and 265 of this
rule.
(c) Condition of units.
Containers and aboveground tanks used to store used oil at generator facilities
must be:
(1) In good condition (no severe
rusting, apparent structural defects, or deterioration); and
(2) Not leaking (no visible leaks).
(d) Secondary containment for
containers. Containers used to store used oil at transfer facilities must be
equipped with a secondary containment system.
(1) The secondary containment system must
consist of, as a minimum:
(i) Dikes, berms, or
retaining walls; and
(ii) A floor.
The floor must cover the entire area within the dikes, berm, or retaining
walls; or
(iii) An equivalent
secondary containment system.
(2) The entire containment system, including
walls and floors, must be sufficiently impervious to used oil to prevent any
used oil released into the containment system from migrating out of the system
to the soil, groundwater, or surface water.
(e) Secondary containment for existing
aboveground tanks. Existing aboveground tanks used to store used oil at
transfer facilities must be equipped with a secondary containment system.
(1) The secondary containment system must
consist of, as a minimum:
(i) Dikes, berms,
or retaining walls; and
(ii) A
floor. The floor must cover the entire area within the dikes, berm, or
retaining walls except areas where existing portions of the tank meet the
ground; or (iii) An equivalent secondary containment
system.
(2) The entire
containment system, including walls and floors, must be sufficiently impervious
to used oil to prevent any used oil released into the containment system from
migrating out of the system to the soil, groundwater, or surface
water.
(f) Secondary
containment for new aboveground tanks. New aboveground tanks used to store used
oil at transfer facilities must be equipped with a secondary containment
system.
(1) The secondary containment system
must consist of, as a minimum:
(i) Dikes,
berms, or retaining walls; and
(ii)
A floor. The floor must cover the entire area within the dikes, berm, or
retaining walls; or
(iii) An
equivalent secondary containment system.
(2) The entire containment system, including
walls and floors, must be sufficiently impervious to used oil to prevent any
used oil released into the containment system from migrating out of the system
to the soil, groundwater, or surface water.
(g) Labels.
(1) Containers and aboveground tanks used to
store used oil at transfer facilities must be labeled or marked clearly with
the words "Used Oil."
(2) Fill
pipes used to transfer used oil into underground storage tanks at transfer
facilities must be clearly marked with the words "Used Oil."
(h) Response to releases. Upon
detection of a release of used oil to the environment that is not subject to
the requirements of APC&EC Rule No. 12 or 40 CFR Part 280, subpart F and
which has occurred after the effective date of the recycled used oil management
program in effect in the State in which the release is located, the
owner/operator of a transfer facility must perform the following cleanup steps:
(1) Stop the release;
(2) Contain the released used oil;
(3) Clean up and manage properly the released
used oil and other materials; and
(4) If necessary, repair or replace any
leaking used oil storage containers or tanks prior to returning them to
service.
§
279.46
Tracking
(a)
Acceptance. Used oil transporters must keep a record of each used oil shipment
accepted for transport. Records for each shipment must include:
(1) The name and address of the generator,
transporter, or processor/re-refiner who provided the used oil for
transport;
(2) The EPA
identification number (if applicable) of the generator, transporter, or
processor/re-refiner who provided the used oil for transport;
(3) The quantity of used oil
accepted;
(4) The date of
acceptance; and
(5)
(i) Except as provided in paragraph
(a)(5)(ii) of this section, the signature, dated upon receipt of the used oil,
of a representative of the generator, transporter, or processor/re-refiner who
provided the used oil for transport.
(ii) Intermediate rail transporters are not
required to sign the record of acceptance.
(b) Deliveries. Used oil transporters must
keep a record of each shipment of used oil that is delivered to another used
oil transporter, or to a used oil burner, processor/re-refiner, or disposal
facility. Records of each delivery must include:
(1) The name and address of the receiving
facility or transporter;
(2) The
EPA identification number of the receiving facility or transporter;
(3) The quantity of used oil
delivered;
(4) The date of
delivery; and
(5)
(i) Except as provided in paragraph
(b)(5)(ii) of this section, the signature, dated upon receipt of the used oil,
of a representative of the receiving facility or transporter.
(ii) Intermediate rail transporters are not
required to sign the record of delivery.
(c) Exports of used oil. Used oil
transporters must maintain the records described in paragraphs (b)(1) through
(b)(4) above for each shipment of used oil exported to any foreign
country.
(d) Records retention. The
records described in paragraphs (a) through (c) above must be maintained for at
least three years.
§
279.47
Management of residues
Transporters who generate residues from the storage or transport of used oil must manage the residues as specified in § 279.10(e).
Subsection
F
-- Standards for Used Oil Processors and
Re-refiners
§ 279.50
Applicability
(a) The
requirements of this Subsection apply to owners and operators of facilities
that process used oil. Processing means chemical or physical operations
designed to produce from used oil, or to make used oil more amenable for
production of fuel oils, lubricants, or other used-oil derived products.
Processing includes, but is not limited to, blending used oil with virgin
petroleum products, blending used oils to meet the fuel specification,
filtration, simple distillation, chemical or physical separation, and
re-refining. The requirements of this Subsection do not apply to
(1) Transporters that conduct incidental
processing operations during the normal course of transportation as provided in
§ 279.41;
(2) Burners that
conduct incidental processing operations that occur during the normal course of
used oil management prior to burning as provided in § 279.61(b).
(b) Other applicable provisions.
Used oil processors/re-refiners who conduct the following activities are also
subject to the requirements of other applicable provisions of this part as
indicated in paragraphs (b)(1) through (b)(5) below:
(1) Processors/re-refiners who generate used
oil must also comply with Subsection C of this Section.
(2) Processors/re-refiners who transport used
oil must also comply with Subsection E of this part.
(3) Except as provided in paragraphs
(b)(3)(i) and (b)(3)(ii) below, processors/re-refiners who burn
off-specification used oil for energy recovery must also comply with Subsection
G of this Section. Processors/re-refiners burning used oil for recovery under
the following conditions are not subject to Subsection G of this part:
(i) The used oil is burned in an on-site
space heater that meets the requirements of § 279.23; or
(ii) The used oil is burned for purposes of
processing used oil, which is considered burning incidentally to used oil
processing.
(4)
Processors/re-refiners who direct shipments of off-specification used oil from
their facility to a used oil burner or first claim that used oil that is to be
burned for energy recovery meets the used oil fuel specifications set forth in
§ 279.11 must also comply with Subsection H of this Section; and
(5) Processors/re-refiners who dispose of
used oil, including the use of used oil as a dust suppressant, must also comply
with Subsection I of this part.
§ 279.51
Notification
(a) Identification numbers. Used oil
processors and re-refiners who have not previously complied with the
notification requirements of RCRA section 3010 must comply with these
requirements and obtain an EPA identification number. Used oil
processors/re-refiners that have previously notified the Division of hazardous
waste and other used oil management activities and obtained a U.S. EPA
Identification Number must renotify to identify their used oil
processor/re-refiner activities.
(b) Mechanics of notification. A used oil
processor or re-refiner who has not received an EPA identification number may
obtain one by notifying the Director of their used oil activity by submitting a
completed EPA Form 8700-12(AR-11-91R) (to obtain EPA Form 8700-12(AR-11-91R)
call (501) 570-2872 or 570-2876).
§ 279.52
General facility
standards
(a) Preparedness and
prevention. Owners and operators of used oil processing and re-refining
facilities must comply with the following requirements:
(1) Maintenance and operation of facility.
Facilities must be maintained and operated to minimize the possibility of a
fire, explosion, or any unplanned sudden or non-sudden release of used oil to
air, soil, or surface water which could threaten human health or the
environment.
(2) Required
equipment. All facilities must be equipped with the following, unless none of
the hazards posed by used oil at the facility could require a particular kind
of equipment specified in paragraphs (a)(2)(i) through (iv) below:
(i) An internal communications or alarm
system capable of providing immediate emergency instruction (voice or signal)
to emergency personnel;
(ii) A
device, such as a telephone (immediately available at the scene of operations)
or a hand-held two-way radio, capable of summoning emergency assistance from
local police departments, fire departments, or State or local emergency
response teams;
(iii) Portable fire
extinguishers, fire control equipment (including special extinguishing
equipment such as that using foam, inert gas, or dry chemicals), spill control
equipment, and decontamination equipment; and
(iv) Water at adequate volume and pressure to
supply hose streams, or foam-producing equipment, or automatic sprinklers, or
water spray systems.
(3)
Testing and maintenance of equipment. All facility communications or alarm
systems, fire protection equipment, spill control equipment, and
decontamination equipment, where required, must be tested and maintained as
necessary to assure its proper operation in time of emergency.
(4) Access to communications or alarm system.
(i) Whenever used oil is being poured, mixed,
spread, or otherwise handled, all personnel involved in the operation must have
immediate access to an internal alarm or emergency communications device,
either directly or through visual or voice contact with another employee,
unless such a device is not required in paragraph (a)(2) of this
section.
(ii) If there is ever just
one employee on the premise while the facility is operating, that employee must
have immediate access to a device, such as a telephone (immediately available
at the scene of operation) or a hand-held two-way radio, capable of summoning
external emergency assistance, unless such a device is not required in
paragraph (a)(2) of this section.
(5) Required aisle space. The owner or
operator must maintain aisle space to allow the unobstructed movement of
personnel, fire protection equipment, spill control equipment, and
decontamination equipment to any area of facility operation in an emergency,
unless aisle space is not needed for any of these purposes.
(6) Arrangements with local authorities.
(i) The owner or operator must attempt to
make the following arrangements, as appropriate for the type of used oil
handled at his facility and the potential need for the services of these
organizations:
(A) Arrangements to
familiarize police, fire departments, and emergency response teams with the
layout of the facility, properties of used oil handled at the facility and
associated hazards, places where facility personnel would normally be working,
entrances to and roads inside the facility, and possible evacuation
routes;
(B) Where more than one
police and fire department might respond to an emergency, agreements
designating primary emergency authority to a specific police and a specific
fire department, and agreements with any others to provide support to the
primary emergency authority;
(C)
Agreements with State emergency response teams, emergency response contractors,
and equipment suppliers; and
(D)
Arrangements to familiarize local hospitals with the properties of used oil
handled at the facility and the types of injuries or illnesses which could
result from fires, explosions, or releases at the facility.
(ii) Where State or local authorities decline
to enter into such arrangements, the owner or operator must document the
refusal in the operating record.
(b) Contingency plan and emergency
procedures. Owners and operators of used oil processing and re-refining
facilities must comply with the following requirements:
(1) Purpose and implementation of contingency
plan.
(i) Each owner or operator must have a
contingency plan for his facility. The contingency plan must be designed to
minimize hazards to human health or the environment from fires, explosions, or
any unplanned sudden or non-sudden release of used oil to air, soil, or surface
water.
(ii) The provisions of the
plan must be carried out immediately whenever there is a fire, explosion, or
release of used oil which could threaten human health or the
environment.
(2) Content
of contingency plan.
(i) The contingency plan
must describe the actions facility personnel must take to comply with
paragraphs (b)(1) and (6) of this section in response to fires, explosions, or
any unplanned sudden or non-sudden release of used oil to air, soil, or surface
water at the facility.
(ii) If the
owner or operator has already prepared a Spill Prevention, Control, and
Countermeasures (SPCC) Plan in accordance with 40 CFR Part 112, or 40 CFR Part
1510, or some other emergency or contingency plan, he need only amend that plan
to incorporate used oil management provisions that are sufficient to comply
with the requirements of this section.
(iii) The plan must describe arrangements
agreed to by local police departments, fire departments, hospitals,
contractors, and State and local emergency response teams to coordinate
emergency services, pursuant to paragraph (a)(6) above.
(iv) The plan must list names, addresses, and
phone numbers (office and home) of all persons qualified to act as emergency
coordinator, and this list must be kept up to date. Where more than one person
is listed, one must be named as primary emergency coordinator and others must
be listed in the order in which they will assume responsibility as
alternates.
(v) The plan must
include a list of all emergency equipment at the facility (such as fire
extinguishing systems, spill control equipment, communications and alarm
systems (internal and external), and decontamination equipment), where this
equipment is required. This list must be kept up to date. In addition, the plan
must include the location and a physical description of each item on the list,
and a brief outline of its capabilities.
(vi) The plan must include an evacuation plan
for facility personnel where there is a possibility that evacuation could be
necessary. This plan must describe signal(s) to be used to begin evacuation,
evacuation routes, and alternate evacuation routes (in cases where the primary
routes could be blocked by releases of used oil or fires).
(3) Copies of contingency plan. A copy of the
contingency plan and all revisions to the plan must be:
(i) Maintained at the facility; and
(ii) Submitted to all local police
departments, fire departments, hospitals, and State and local emergency
response teams that may be called upon to provide emergency services.
(4) Amendment of contingency plan.
The contingency plan must be reviewed, and immediately amended, if necessary,
whenever:
(i) Applicable regulations and rules
are revised;
(ii) The plan fails in
an emergency;
(iii) The facility
changes - in its design, construction, operation, maintenance, or other
circumstances - in a way that materially increases the potential for fires,
explosions, or releases of used oil, or changes the response necessary in an
emergency;
(iv) The list of
emergency coordinators changes; or
(v) The list of emergency equipment
changes.
(5) Emergency
coordinator. At all times, there must be at least one employee either on the
facility premises or on call (i.e., available to respond to an emergency by
reaching the facility within a short period of time) with the responsibility
for coordinating all emergency response measures. This emergency coordinator
must be thoroughly familiar with all aspects of the facility's contingency
plan, all operations and activities at the facility, the location and
characteristics of waste handled, the location of all records within the
facility, and the facility layout. In addition, this person must have the
authority to commit the resources needed to carry out the contingency plan.
[Guidance: The emergency coordinator's responsibilities are more fully spelled out in paragraph (b)(6) below. Applicable responsibilities for the emergency coordinator vary, depending on factors such as type and variety of used oil handled by the facility, and type and complexity of the facility.]
(6) Emergency
procedures.
(i) Whenever there is an imminent
or actual emergency situation, the emergency coordinator (or his designee when
the emergency coordinator is on call) must immediately:
(A) Activate internal facility alarms or
communication systems, where applicable, to notify all facility personnel;
and
(B) Notify appropriate State or
local agencies with designated response roles if their help is
needed.
(ii) Whenever
there is a release, fire, or explosion, the emergency coordinator must
immediately identify the character, exact source, amount, and areal extent of
any released materials. He may do this by observation or review of facility
records or manifests, and, if necessary, by chemical analyses.
(iii) Concurrently, the emergency coordinator
must assess possible hazards to human health or the environment that may result
from the release, fire, or explosion. This assessment must consider both direct
and indirect effects of the release, fire, or explosion (e.g., the effects of
any toxic, irritating, or asphyxiating gases that are generated, or the effects
of any hazardous surface water run-off from water or chemical agents used to
control fire and heat-induced explosions).
(iv) If the emergency coordinator determines
that the facility has had a release, fire, or explosion which could threaten
human health, or the environment, outside the facility, he must report his
findings as follows:
(A) If his assessment
indicates that evacuation of local areas may be advisable, he must immediately
notify appropriate local authorities. He must be available to help appropriate
officials decide whether local areas should be evacuated; and
(B) He must immediately notify either the
government official designated as the on-scene coordinator for that
geographical area, (in the applicable regional contingency plan under part 1510
of this title) or the National Response Center (using their 24-hour toll free
number 800/424-8802). The report must include:
(1) Name and telephone number of
reporter;
(2) Name and address of
facility;
(3) Time and type of
incident (e.g., release, fire);
(4)
Name and quantity of material(s) involved, to the extent known;
(5) The extent of injuries, if any;
and
(6) The possible hazards to
human health, or the environment, outside the facility.
(v) During an emergency, the
emergency coordinator must take all reasonable measures necessary to ensure
that fires, explosions, and releases do not occur, recur, or spread to other
used oil at the facility. These measures must include, where applicable,
stopping processes and operations, collecting and containing released used oil,
and removing or isolating containers.
(vi) If the facility stops operations in
response to a fire, explosion, or release, the emergency coordinator must
monitor for leaks, pressure buildup, gas generation, or ruptures in valves,
pipes, or other equipment, wherever this is appropriate.
(vii) Immediately after an emergency, the
emergency coordinator must provide for treating, storing, or disposing of
recovered used oil, contaminated soil or surface water, or any other material
that results from a release, fire, or explosion at the facility.
(viii) The emergency coordinator must ensure
that, in the affected area(s) of the facility:
(A) No waste or used oil that may be
incompatible with the released material is treated, stored, or disposed of
until cleanup procedures are completed; and
(B) All emergency equipment listed in the
contingency plan is cleaned and fit for its intended use before operations are
resumed.
(C) The owner or operator
must notify the Director, and appropriate State and local authorities, that the
facility is in compliance with paragraphs (b)(6)(viii) A and B of this section
before operations are resumed in the affected area(s) of the
facility.
(ix) The owner
or operator must note in the operating record the time, date, and details of
any incident that requires implementing the contingency plan. Within 15 days
after the incident, he must submit a written report on the incident to the
Director. The report must include:
(A) Name,
address, and telephone number of the owner or operator;
(B) Name, address, and telephone number of
the facility;
(C) Date, time, and
type of incident (e.g., fire, explosion);
(D) Name and quantity of material(s)
involved;
(E) The extent of
injuries, if any;
(F) An assessment
of actual or potential hazards to human health or the environment, where this
is applicable; and
(G) Estimated
quantity and disposition of recovered material that resulted from the
incident.
§ 279.53
Rebuttable presumption
for used oil
(a) To insure that used
oil is not a hazardous waste under the rebuttable presumption of §
279.10(b)(1)(ii), the owner or operator of a used oil processing or re-refining
facility must determine whether the total halogen content of used oil managed
at the facility is above or below 1,000 ppm.
(b) The owner or operator must make this
determination by:
(1) Testing the used oil;
or
(2) Applying knowledge of the
halogen content of the used oil in light of the materials or processes
used.
(c) If the used oil
contains greater than or equal to 1,000 ppm total halogens, it is presumed to
be a hazardous waste because it has been mixed with halogenated hazardous waste
listed in Subsection D of Section 261 of this rule. The owner or operator may
rebut this presumption by demonstrating that the used oil does not contain
hazardous waste (for example, by showing that the used oil does not contain
significant concentrations of halogenated hazardous constituents listed in
Appendix VIII of Section 261 of this rule).
(1) The rebuttable presumption does not apply
to metalworking oils or fluids containing chlorinated paraffins, if they are
processed, through a tolling arrangement as described in § 279.24(c), to
reclaim metalworking oils/fluids. The presumption does apply
to metalworking oils and fluids if such oils and fluids are recycled in any
other manner or disposed.
(2) The
rebuttable presumption does not apply to used oils contaminated with
chloroflourocarbons (CFCs) removed from refrigeration units where the CFCs are
destined for reclamation. The rebuttable presumption does
apply to used oils contaminated with CFCs that have been mixed with
used oil from sources other than refrigeration units.
§ 279.54
Used oil
management
Used oil processors/re-refiners are subject to all applicable federal Spill Prevention, Control, and Countermeasures (40 CFR Part 112) in addition to the requirements of this Subsection. Used oil processors/re-refiners are also subject to the Underground Storage Tank ( 40 CFR Part 280 ; APC&EC Rule No. 12) standards for used oil stored in underground tanks whether or not the used oil exhibits any characteristics of hazardous waste, in addition to the requirements of this Subsection.
(a) Management units. Used oil
processors/re-refiners may not store used oil in units other than tanks,
containers, or units subject to regulation under Sections 264 and 265 of this
rule.
(b) Condition of units.
Containers and aboveground tanks used to store or process used oil at
processing and re-refining facilities must be:
(1) In good condition (no severe rusting,
apparent structural defects, or deterioration); and
(2) Not leaking (no visible leaks).
(c) Secondary containment for
containers. Containers used to store or process used oil at processing and
re-refining facilities must be equipped with a secondary containment system.
(1) The secondary containment system must
consist of, as a minimum:
(i) Dikes, berms,
or retaining walls; and
(ii) A
floor. The floor must cover the entire area within the dikes, berm, or
retaining walls; or
(iii) An
equivalent secondary containment system.
(2) The entire containment system, including
walls and floors, must be sufficiently impervious to used oil to prevent any
used oil released into the containment system from migrating out of the system
to the soil, groundwater, or surface water.
(d) Secondary containment for existing
aboveground tanks. Existing aboveground tanks used to store or process used oil
at processing and re-refining facilities must be equipped with a secondary
containment system.
(1) The secondary
containment system must consist of, as a minimum:
(i) Dikes, berms, or retaining walls;
and
(ii) A floor. The floor must
cover the entire area within the dikes, berm, or retaining walls except areas
where existing portions of the tank meet the ground; or (iii) An equivalent
secondary containment system.
(2) The entire containment system, including
walls and floors, must be sufficiently impervious to used oil to prevent any
used oil released into the containment system from migrating out of the system
to the soil, groundwater, or surface water.
(e) Secondary containment for new aboveground
tanks. New aboveground tanks used to store or process used oil at processing
and re-refining facilities must be equipped with a secondary containment
system.
(1) The secondary containment system
must consist of, as a minimum:
(i) Dikes,
berms, or retaining walls; and
(ii)
A floor. The floor must cover the entire area within the dikes, berm, or
retaining walls; or
(iii) An
equivalent secondary containment system.
(2) The entire containment system, including
walls and floors, must be sufficiently impervious to used oil to prevent any
used oil released into the containment system from migrating out of the system
to the soil, groundwater, or surface water.
(f) Labels.
(1) Containers and aboveground tanks used to
store or process used oil at processing and re-refining facilities must be
labeled or marked clearly with the words "Used Oil."
(2) Fill pipes used to transfer used oil into
underground storage tanks at processing and re-refining facilities must be
clearly marked with the words "Used Oil."
(g) Response to releases. Upon detection of a
release of used oil to the environment that is not subject to the requirements
of APC&EC Rule No. 12 or 40 CFR Part 280, subpart F and which has occurred
after the effective date of the recycled used oil management program in effect
in the State in which the release is located, an owner/operator must perform
the following cleanup steps:
(1) Stop the
release;
(2) Contain the released
used oil;
(3) Clean up and manage
properly the released used oil and other materials; and
(4) If necessary, repair or replace any
leaking used oil storage containers or tanks prior to returning them to
service.
(h) Closure.
(1) Aboveground tanks. Owners and operators
who store or process used oil in aboveground tanks must comply with the
following requirements:
(i) At closure of a
tank system, the owner or operator must remove or decontaminate used oil
residues in tanks, contaminated containment system components, contaminated
soils, and structures and equipment contaminated with used oil, and manage them
as a hazardous waste, unless the materials are not hazardous waste under this
Section.
(ii) If the owner or
operator demonstrates that not all contaminated soils can be practicably
removed or decontaminated as required in paragraph (i) above, then the owner or
operator must close the tank system and perform post-closure care in accordance
with the closure and post-closure care requirements that apply to hazardous
waste landfills (§ 265.310 of this rule).
(2) Containers. Owners and operators who
store or process used oil in containers must comply with the following
requirements:
(i) At closure, containers
holding used oils or residues of used oil must be removed from the
site;
(ii) The owner or operator
must remove or decontaminate used oil residues, contaminated containment system
components, contaminated soils, and structures and equipment contaminated with
used oil, and manage them as hazardous waste, unless the materials are not
hazardous wastes under Section 261 of this rule.
§ 279.55
Analysis plan
Owners and operators of used oil processing and re-refining facilities must develop and follow a written analysis plan that will be used to comply with the analysis requirements of § 279.53 and, if applicable, § 279.72. The owner or operator must keep the plan at the facility.
(a) Rebuttable presumption for used oil in
§ 279.53. At a minimum, the plan must specify the following:
(1) Whether sample analyses or knowledge of
the halogen content of the used oil will be used to make this
determination.
(2) If sample
analyses are used to make this determination:
(i) The sampling method used to obtain
representative samples to be analyzed. A representative sample may be obtained
using either:
(A) One of the sampling methods
listed in Appendix I to Section 261 of this rule; or
(B) A method shown to be equivalent under
§§ 260.20 and 260.21 of this rule.
(ii) The frequency of sampling to be
performed, and whether the analysis will be performed on-site or off-site;
and
(iii) The methods used to
analyze used oil for the parameters specified in § 279.53; and
(3) The type of information that
will be used to determine the halogen content of the used oil.
(b) On-specification used oil fuel
in § 279.72. At a minimum, the plan must specify the following if §
279.72 is applicable:
(1) Whether sample
analyses or other information will be used to make this
determination.
(2) If sample
analyses are used to make this determination:
(i) The sampling method used to obtain
representative samples to be analyzed. A representative sample may be obtained
using either:
(A) One of the sampling methods
listed in Appendix I to Section 261 of this rule; or
(B) A method shown to be equivalent under
§§ 260.20 and 260.21 of this rule.
(ii) Whether used oil will be sampled and
analyzed prior to or after any processing or re-refining;
(iii) The frequency of sampling to be
performed, and whether the analysis will be performed on-site or off-site;
and
(iv) The methods used to
analyze used oil for the parameters specified in § 279.72;
and
(3) The type of
information that will be used to make the on-specification used oil fuel
determination.
§
279.56
Tracking
(a)
Acceptance. Used oil processors/re-refiners must keep a record of each used oil
shipment accepted for processing or re-refining. These records may take the
form of a log, invoice, manifest, bill of lading, or other shipping documents.
Records for each shipment must include the following information:
(1) The name and address of the transporter,
or processor/re-refiner who delivered the used oil to the
processor/re-refiner;
(2) The name
and address of the generator or processor/re-refiner from whom the used oil was
shipped for processing/re-refining;
(3) The EPA identification number of the
transporter who delivered the used oil to the processor/re-refiner;
(4) The EPA identification number (if
applicable) of the generator or processor/re-refiner from whom the used oil was
shipped for processing/re-refining;
(5) The quantity of used oil
accepted;
(6) The date of
acceptance.
(b) Delivery.
Used oil processors/re-refiners must keep a record of each shipment of used oil
that is shipped to a used oil burner, processor/re-refiner, or disposal
facility. These records may take the form of a log, invoice, manifest, bill of
lading, or other shipping documents. Records for each shipment must include the
following information:
(1) The name and
address of the transporter who delivers the used oil to the burner,
processor/re-refiner or disposal facility;
(2) The name and address of the burner,
processor/re-refiner or disposal facility which will receive the used
oil;
(3) The EPA identification
number of the transporter who delivers the used oil to the burner,
processor/re-refiner or disposal facility;
(4) The EPA identification number of the
burner, processor/re-refiner or disposal facility which will receive the used
oil;
(5) The quantity of used oil
shipped; and
(6) The date of
shipment.
(c) Records
retention. The records described in paragraphs (a) through (c) above must be
maintained for at least three years.
§ 279.57
Operating record and
reporting
(a) Operating record.
(1) The owner or operator must keep a written
operating record at the facility.
(2) The following information must be
recorded, as it becomes available, and maintained in the operating record until
closure of the facility:
(i) Records and
results of used oil analyses performed as described in the analysis plan under
§ 279.55; and
(ii) Summary
reports and details of all incidents that require implementation of the
contingency plan as specified in § 279.52(b).
(b) Reporting. A used oil
processor/re-refiner must report to the Director, in the form of a letter, on
an annual basis (by March 1 of each calendar year), the following information
concerning used oil activities during the previous calendar year:
(1) The EPA identification number, name, and
address of the processor/re-refiner;
(2) The calendar year covered by the report;
and
(3) The quantities of used oil
accepted for processing or re-refining and the manner in which the used oil is
processed or re-refined, including the specific processes employed.
§ 279.58
Off-site shipments of used oil
Used oil processors and re-refiners who initiate shipments of used oil off-site must ship the used oil using a used oil transporter who has obtained an EPA identification number.
§ 279.59
Management of
residues
Owners and operators who generate residues from the storage, processing, or re-refining of used oil must manage the residues as specified in § 279.10(e).
Subsection
G
-- Standards for Used Oil Burners Who Burn
Off-specification Used Oil for Energy Recovery
§ 279.60
Applicability
(a) General. The requirements of this
Subsection apply to used oil burners except as specified in paragraphs (a)(1)
and (a)(2) below. A used oil burner is a facility where used oil not meeting
the specification requirements at § 279.11 is burned for energy recovery
in devices identified in § 279.61(a). Facilities burning used oil for
energy recovery under the following conditions are not subject to this
Subsection:
(1) The used oil is burned by the
generator in an on-site space heater under the provisions of § 279.23;
or
(2) The used oil is burned by a
processor/re-refiner for purposes of processing used oil, which is considered
burning incidentally to used oil processing.
(b) Other applicable provisions. Used oil
burners who conduct the following activities are also subject to the
requirements of other applicable provisions of this part as indicated in
paragraphs (b)(1) through (b)(5) below:
(1)
Burners who generate used oil must also comply with Subsection C of this
Section.
(2) Burners who transport
used oil must also comply with Subsection E of this Section.
(3) Except as provided in § 279.61(b),
burners who process or re-refine used oil must also comply with Subsection F of
this Section;
(4) Burners direct
shipments of off-specification used oil from their facility to a used oil
burner or first claim that used oil that is to be burned for energy recovery
meets the used oil fuel specifications set forth in § 279.11 must also
comply with Subsection H of this Section; and
(5) Burners who dispose of used oil,
including the use of used oil as a dust suppressant, must also comply with
Subsection I of this Section.
(c) Specification fuel. This Subsection does
not apply to persons burning used oil that meets the used oil fuel
specification of § 279.11, provided that the burner complies with the
requirements of Subsection H of this Section.
§ 279.61
Restrictions on
burning
(a) Off-specification used oil
fuel may be burned for energy recovery in only the following devices:
(1) Industrial furnaces identified in §
260.10 of this rule;
(2) Boilers,
as defined in § 260.10 of this rule, that are identified as follows:
(i) Industrial boilers located on the site of
a facility engaged in a manufacturing process where substances are transformed
into new products, including the component parts of products, by mechanical or
chemical processes;
(ii) Utility
boilers used to produce electric power, steam, heated or cooled air, or other
gases or fluids for sale; or
(iii)
Used oil-fired space heaters provide the burner meets the provisions of §
279.23; or
(3) Hazardous
waste incinerators subject to regulation under Subsection O of Sections 264 or
265 of this rule.
(b)
(1) With the following exception, used oil
burners may not process used oil unless they also comply with the requirements
of Subsection F of this Section.
(2)
Used oil burners may aggregate off-specification used oil with virgin oil or
on-specification used oil for purposes of burning, but may not aggregate for
purposes of producing on-specification used oil.
§ 279.62
Notification
(a) Identification numbers. Used oil burners
that have not previously notified the Division of their used oil burning
activities must notify the Division to identify these activities. Even
if a used oil burner has previously notified the Division or EPA of hazardous
waste management activities under section 3010 of RCRA and obtained an
identification number, the used oil fuel burner must re-notify to identify used
oil burning activities.
(b) Mechanics of notification. A used oil
burner who has not received an EPA identification number may obtain one by
notifying the Director of their used oil activity by submitting a completed EPA
Form 8700-12.
§
279.63
Rebuttable presumption for used oil
(a) To insure that used oil managed at a used
oil burner facility is not a hazardous waste under the rebuttable presumption
of § 279.10(b)(1)(ii), a used oil burner must determine whether the total
halogen content of used oil managed at the facility is above or below 1,000
ppm.
(b) The used oil burner must
make this determination by:
(1) Testing the
used oil; or
(2) Applying knowledge
of the halogen content of the used oil in light of the materials or processes
used.
(3) If the used oil has been
received from a processor/refiner subject to regulation under subsection F of
this Section, using information provided by the processor/re-refiner.
(c) If the used oil contains
greater than or equal to 1,000 ppm total halogens, it is presumed to be a
hazardous waste because it has been mixed with halogenated hazardous waste
listed in Subsection D of Section 261 of this rule. The owner or operator may
rebut this presumption by demonstrating that the used oil does not contain
hazardous waste (for example, by showing that the used oil does not contain
significant concentrations of halogenated hazardous constituents listed in
Appendix VIII of Section 261 of this rule).
(1) The rebuttable presumption does not apply
to metalworking oils or fluids containing chlorinated paraffins, if they are
processed, through a tolling arrangement as described in § 279.24(c), to
reclaim metalworking oils/fluids. The presumption does apply
to metalworking oils and fluids if such oils and fluids are recycled in any
other manner or disposed.
(2) The
rebuttable presumption does not apply to used oils contaminated with
chloroflourocarbons (CFCs) removed from refrigeration units where the CFCs are
destined for reclamation. The rebuttable presumption does apply to used oils
contaminated with CFCs that have been mixed with used oil from sources other
than refrigeration units.
(d) Records retention. Records of analyses
conducted or information used to comply with paragraphs (a), (b), and (c) of
this subsection must be maintained by the burner for at least three
years.
§ 279.64
Used oil storage
Used oil burners are subject to all applicable federal Spill Prevention, Control, and
Countermeasures (40 CFR Part 112) in addition to the requirements of this Subsection. Used oil burners are also subject to the Underground Storage Tank (40 CFR Part 280; APC&EC Rule No. 12) standards for used oil stored in underground tanks whether or not the used oil exhibits any characteristics of hazardous waste, in addition to the requirements of this Subsection.
(a) Storage units. Used
oil burners may not store used oil in units other than tanks, containers, or
units subject to regulation under Sections 264 and 265 of this rule.
(b) Condition of units. Containers and
aboveground tanks used to store used oil at burner facilities must be:
(1) In good condition (no severe rusting,
apparent structural defects, or deterioration); and
(2) Not leaking (no visible leaks).
(c) Secondary containment for
containers. Containers used to store used oil at burner facilities must be
equipped with a secondary containment system.
(1) The secondary containment system must
consist of, as a minimum:
(i) Dikes, berms, or
retaining walls; and
(ii) A floor.
The floor must cover the entire area within the dikes, berm, or retaining
walls.
(2) The entire
containment system, including walls and floors, must be sufficiently impervious
to used oil to prevent any used oil released into the containment system from
migrating out of the system to the soil, groundwater, or surface
water.
(d) Secondary
containment for existing above ground tanks. Existing aboveground tanks used to
store used oil at burner facilities must be equipped with a secondary
containment system.
(1) The secondary
containment system must consist of, as a minimum:
(i) Dikes, berms, or retaining walls;
and
(ii) A floor. The floor must
cover the entire area within the dikes, berm, or retaining walls except areas
where existing portions of the tank meet the ground; or (iii) An equivalent
secondary containment system.
(2) The entire containment system, including
walls and floors, must be sufficiently impervious to used oil to prevent any
used oil released into the containment system from migrating out of the system
to the soil, groundwater, or surface water.
(e) Secondary containment for new above
ground tanks. New aboveground tanks used to store used oil at burner facilities
must be equipped with a secondary containment system.
(1) The secondary containment system must
consist of, as a minimum:
(i) Dikes, berms, or
retaining walls; and
(ii) A floor.
The floor must cover the entire area within the dikes, berm, or retaining
walls; or
(iii) An equivalent
secondary containment system.
(2) The entire containment system, including
walls and floors, must be sufficiently impervious to used oil to prevent any
used oil released into the containment system from migrating out of the system
to the soil, groundwater, or surface water.
(f) Labels.
(1) Containers and aboveground tanks used to
store used oil at burner facilities must be labeled or marked clearly with the
words "Used Oil."
(2) Fill pipes
used to transfer used oil into underground storage tanks at burner facilities
must be clearly marked with the words "Used Oil."
(g) Response to releases. Upon detection of a
release of used oil to the environment not subject to the requirements of
APC&EC Rule No. 12 or 40 CFR Part 280, subpart F which has occurred after
the effective date of this Section, a burner must perform the following cleanup
steps:
(1) Stop the release;
(2) Contain the released used oil;
(3) Clean up and properly manage the released
used oil and other materials; and
(4) If necessary to prevent future releases,
repair or replace any leaking used oil storage containers or tanks prior to
returning them to service.
§ 279.65
Tracking
(a) Acceptance. Used oil burners must keep a
record of each used oil shipment accepted for burning. These records may take
the form of a log, invoice, manifest, bill of lading, or other shipping
documents. Records for each shipment must include the following information:
(1) The name and address of the transporter,
or processor/re-refiner who delivered the used oil to the burner;
(2) The name and address of the generator or
processor/re-refiner from whom the used oil was shipped for burning;
(3) The EPA identification number of the
transporter who delivered the used oil to the burner;
(4) The EPA identification number (if
applicable) of the generator or processor/re-refiner from whom the used oil was
shipped for burning;
(5) The
quantity of used oil accepted;
(6)
The date of acceptance.
(b) Records retention. The records described
in paragraphs (a) through (c) above must be maintained for at least three
years.
§ 279.66
Notices
(a) Certification. Before
a burner accepts the first shipment of off-specification used oil fuel from a
generator, transporter, or processor/re-refiner, the burner must provide to the
generator, transporter, or processor/re-refiner a one-time written and signed
notice certifying that:
(1) The burner has
notified the Division stating the location and general description of his used
oil management activities; and
(2)
The burner will burn the off-specification used oil only in an industrial
furnace or boiler identified in § 279.61(a).
(b) Certificate retention. The certification
required in paragraph (a) above must be maintained for three years from the
date the burner last receives shipment of off-specification used oil fuel from
a generator, transporter, or processor/re-refiner.
§ 279.67
Management of
residues
Burners who generate residues from the storage or burning of used oil must manage the residues as specified in § 279.10(e).
Subsection
H
-- Standards for Used Oil Fuel Marketers
§ 279.70
Applicability
(a) Any person who conducts either of the
following activities is subject to the requirements of this Subsection:
(1) Directs a shipment of off-specification
used oil from their facility to a used oil burner, or
(2) First claims that used oil that is to be
burned for energy recovery meets the used oil fuel specifications set forth in
§ 279.11.
(b) The
following persons are not marketers subject to this Subsection:
(1) Used oil generators, and transporters who
transport used oil received only from generators, unless the generator or
transporter directs a shipment of off-specification used oil from their
facility to a used oil burner. However, processors or re-refiners who burn some
used oil fuel for the purpose of processing are considered to be burning
incidentally to processing. Thus, generators and transporters who direct
shipments of off-specification used oil to processors or re-refiners who
incidentally burn that used oil are not marketers subject to this
Subsection.
(2) Persons who direct
shipments of on-specification used oil and who are not the first person to
first claim the used oil meets the used oil fuel specifications of §
279.11.
(c) Any person
subject to the requirements of this Subsection must also comply with one of the
following:
(1) Subsection C of this Section -
Standards for Used Oil Generators;
(2) Subsection E of this Section - Standards
for Used Oil Transporters and Transfer Facilities;
(3) Subsection F of this Section - Standards
for Used Oil Processors and Re -refiners;
(4) Subsection G of this Section - Standards
for Used Oil Burners who Burn Off-specification Used Oil for Energy
Recovery.
§
279.71
Prohibitions
A used oil fuel marketer may initiate a shipment of off-specification used oil fuel only to a used oil burner who:
(a) Has an EPA identification number;
and
(b) Burns the used oil in an
industrial furnace or boiler identified in § 279.61(a).
§ 279.72
On-specification used oil fuel
(a)
Analysis of used oil fuel. A generator, trans-porter, processor, re-refiner, or
burner may determine that used oil that is to be burned for energy recovery
meets the fuel specifications of § 279.11 by performing analyses or
obtaining copies of other information documenting that the used oil meets the
specifications.
(b) Records
retention. A generator, transporter, processor, re-refiner, or burner who first
claims that used oil that is to be burned for energy recovery meets the used
oil fuel specifications of § 279.11 must keep copies of analyses of the
used oil (or other information used to make the determination) for three
years.
§ 279.73
Notification
(a) A used oil fuel
marketer subject to the requirements of this subsection who has not previously
notified the Division of their used oil fuel marketing activities must notify
EPA of their used oil fuel must notify the Division to identify these used oil
fuel marketing activities. Even if a used oil fuel marketer has
previously notified the Division or EPA of hazardous waste management
activities under section 3010 of RCRA and obtained an identification number,
the used oil fuel marketer must renotify the Division to identify used oil fuel
marketing activities.
(b)
A used oil marketer who has not received an EPA identification number may
obtain one by notifying the Director of their used oil activity by submitting a
completed EPA Form 8700-12(AR-11-91R) (to obtain EPA Form 8700-12(AR-11-91R)
call (501) 570-2872 or 570-2876).
§ 279.74
Tracking
(a) Any used oil fuel marketer who directs a
shipment of off-specification used oil to a burner must keep a record of each
shipment of used oil to a used oil burner. These records may take the form of a
log, invoice, manifest, bill of lading, or other shipping documents. Records
for each shipment must include the following information:
(1) The name and address of the transporter
who delivers the used oil to the burner;
(2) The name and address of the burner who
will receive the used oil;
(3) The
EPA identification number of the transporter who delivers the used oil to the
burner;
(4) The EPA identification
number of the burner;
(5) The
quantity of used oil shipped;
(6)
The date of shipment.
(b)
On-specification used oil delivery. A generator, transporter, processor,
re-refiner, or burner who first claims that used oil that is to be burned for
energy recovery meets the used oil fuel specifications of § 279.11 must
keep a record of each shipment of used oil to an on-specification used oil
burner. These records may take the form of a log, invoice, manifest, bill of
lading, or other shipping documents. Records for each shipment must include the
following information:
(1) The name and
address of the facility receiving the shipment;
(2) The quantity of used oil fuel
delivered;
(3) The date of shipment
or delivery; and
(4) A
cross-reference to the record of used oil analysis or other information used to
make the determination that the oil meets the specification as required under
§ 279.11.
(c)
Records retention. The records described in paragraphs (a) and (b) above must
be maintained for at least three years.
§ 279.75
Notices
(a) Certification. Before a used oil
generator, transporter, processor, or re-refiner directs the first shipment of
off-specification used oil fuel to a burner, he must obtain a one-time written
and signed notice from the burner certifying that:
(1) The burner has notified the Division
stating the location and general description of his used oil management
activities; and
(2) The burner will
burn the off-specification used oil only in an industrial furnace or boiler
identified in § 279.61(a).
(b) Certificate retention. The certification
required in paragraph (a) above must be maintained for three years from the
date the last shipment of off-specification used oil is shipped to the
burner.
Subsection
I
-- Standards for Use as a Dust Suppressant and Disposal of
Used Oil
§ 279.80
Applicability
The requirements of this Subsection apply to all used oils that are not or cannot be recycled and are therefore being disposed.
§ 279.81
Disposal
(a) Disposal of hazardous
used oils. Used oils that are identified as a hazardous waste and/or cannot be
recycled in accordance with this Section must be managed in accordance with the
hazardous waste management requirements of Sections 260 through 270 of this
rule.
(b) Disposal of nonhazardous
used oils. Used oils that are not hazardous wastes and cannot be recycled under
this Section must be disposed in accordance with the requirements of APC&EC
Rule No. 22 (Solid Waste Management) and 40 CFR Parts 257 and
258.
§ 279.82
Use as a dust suppressant
(a)
Except as provided below, the use of used oil as a dust suppressant is
prohibited.
(b)
Persons
desiring to use used oil for dust suppression must first petition the EPA
Administrator to allow the use of the used oil (that is not mixed with any
hazardous waste and does not exhibit any characteristic of a hazardous waste)
as a dust suppressant. A copy of this petition must be provided to the
Director.
(c)
Upon approval of the dust suppressant petition by the EPA Administrator, the
petitioner must apply, using a Special Waste Disposal Request, to the Director
for approval of use of specified lots of used oil as a dust suppressant. The
petitioner must demonstrate:
(1)
The specific lots of used oil proposed for use as a dust suppressant
are not mixed with any hazardous waste and do not exhibit any characteristic of
a hazardous waste as defined at Section 261, Subsection C of this rule;
and
(2)
The used
oil will be applied as a dust suppressant only in areas and in a manner which
will preclude the used oil or runoff containing components of the used oil from
entering any waters of the State (as defined at A.C.A. §
8-4-102(8)).
Section 18.
[Reserved]
Section 19
- EFFECT OF
FEDERAL REGULATIONS
(a) Any rules
adopted by the Commission shall not be less stringent than the regulations
promulgated or revised by the United States Environmental Protection Agency
pursuant to the Federal Resource Conservation and Recovery Act of 1976, as
amended.
(b) Where the Division
issues variances pursuant to A.C.A. §
8-7-211, such variances shall not
provide terms less stringent than those set by federal regulations adopted or
incorporated by reference in this Rule nor less stringent than those for which
analogous provisions have been adopted herein.
(c) Nothing in this Section shall prohibit
the Commission from imposing any rule or regulation, nor the Division from
imposing any standard, procedure or permit condition which is more stringent
than federal regulations, when such rule, standard, procedure or permit
condition is required as a part of this Rule or the Act or when the Division
finds such stringency is necessary to protect the public health or the
environment.
CHAPTER 3 RULES PROMULGATED UNDER ACT 1098 OF 1979
Section 20
- AUTHORITY
The rules under this Chapter are promulgated pursuant to the Arkansas Resource Reclamation Act of 1979 (Act 1098 of 1979; A.C.A. 8-7-301 et seq.)
Section
21
- DEFINITIONS
In addition to the definition set forth in § 260.10, all of which apply to this Chapter, the following terms when used in this Chapter shall mean:
(a) "I nterstate
Agreement or Compacts" means any agreement or agreements between the
State of Arkansas and another state or states or the federal government, which
is entered into with the approval of the Governor in order to carry out the
purposes of the Arkansas Resource Reclamation Act (Act 1098 of 1979, as
amended).
(b) "Memorandum of
Agreement" means the agreement between the U.S. Environmental Protection
Agency, as the authorized agent of the federal government, and the Division of
Environmental Quality, as the authorized agent of the Governor, for DEQ to
operate a state hazardous waste program pursuant to the federal Resource
Conservation and Recovery Act in Arkansas in lieu of the federal government and
in accordance with state laws and rules which are equivalent to the federal
program.
Section 22
- STATE/EPA MEMORANDUM OF AGREEMENT
(a) The Memorandum of Agreement (MOA)
effectuates the purposes set forth in Act 1098 of 1979, as amended for
interstate agreements or compacts.
(b) Upon execution of the MOA all purposes of
Act 1098 of 1979, as amended will be fulfilled with respect to the
transportation and disposal of hazardous waste and no other agreements or
compacts with respect thereto shall be entered into during the life of the MOA.
CHAPTER 4 [Reserved]
Sections 24-27.-
[Reserved]
CHAPTER 5 OTHER PROVI SI ONS
Section
28
- Penalty Policy and Administrative Procedures
The provisions of Arkansas Pollution Control and Ecology Commission Rule No. 7, "Civil Penalties", and Rule No. 8, "Administrative Procedures" apply to this Rule.
Section
29
- Severability
I f any provision of this Rule or the application thereof is held invalid, such invalidity shall not effect other provisions of this Rule which can be given effect without the invalid provision or application and to this end the provisions of this Rule are declared to be severable.
Section 30
- Effective
Dates
These rules and any amendments or revision thereof are effective 10 days after filing the rules or any amendment or revision thereof with the Secretary of State, except as specifically provided below:
(a) The effective date for the listing of
spent potliner from Primary Aluminum Reduction (EPA Waste Code K088) shall be
July 1, 1990.
(b) The effective
date for the Used Oil Management Standards at Section 279 shall be July 1,
1994.
(c) The effective date for
the Organic Air Emissions Standards for Tanks, Surface I mpoundments, and
Containers at §§ 264 and 265, Subsections CC shall be December 6,
1996.
(1) The regulatory requirements pertain
only to the list of substances; the right hand columns (Methods and PQL) are
given for informational purposes only. See also footnotes 5 and 6.
(2) Common names are those widely used in
government regulations, scientific publications, and commerce; synonyms exist
for many chemicals.
(3) Chemical
Abstracts Service registry number. Where "Total" is entered, all species in the
ground water that contain this element are included.
(4) CAS index names are those used in the 9th
Cumulative Index.
(5) Suggested
methods refer to analytical procedure numbers used in the EPA publication,
SW-846, "Test Methods for Evaluating Solid Waste", Third Edition. Analytical
details can be found in SW-846 and in documentation on file at the Agency. The
packed column gas chromatography methods 8010, 8020, 8030, 8040, 8060, 8080,
8090, 8110, 8120, 8140, 8150, 8240, and 8250 were promulgated methods through
Update II B of SW-846 and, as of Update III, the Agency has replaced
these methods with "capillary column GC methods", as the suggested
methods.
(6) Practical
Quantitation Limits (PQLs) are the lowest concentrations of analytes in ground
waters that can be reliably determined within specified limits of precision and
accuracy by the indicated methods under routine laboratory operating
conditions. The PQLs listed are generally stated to one significant figure.
CAUTI ON: The PQL values in many cases are based only on a general estimate for
the method and not on a determination for individual compounds; PQLs are not a
part of the regulation.
(7)
Polychlorinated biphenyls (CAS RN 1336-36-3); this category contains congener
chemicals, including constituents of Aroclor-1016 (CAS RN 12674-11-2),
Aroclor-1221 (CAS RN 11104-28-2), Aroclor-1232 (CAS RN 11141-16-5),
Aroclor-1242 (CAS RN 53469-21-9), Aroclor-1248 (CAS RN 12672-29-6),
Aroclor-1254 (CAS RN 11097-69-1), and Aroclor-1260 (CAS RN 11096-82-5). The PQL
shown is an average value for PCB congeners.
(8) This category contains congener
chemicals, including tetrachlorodibenzo-p-dioxins (see also 2,3,7,8-TCDD),
pentachlorodibenzo-p-dioxins, and hexachlorodibenzo-p-dioxins. The PQL shown is
an average value for PCDD congeners.
(9) This category contains congener
chemicals, including tetrachlorodibenzofurans, pentachlorodibenzofurans, and
hexachlorodibenzofurans. The PQL shown is an average value for PCDF
congeners.
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