Current through Register Vol. 47, No. 17, September 10, 2024
(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/she must obtain a detailed chemical and
physical analysis of a representative sample of the waste. At a minimum this
analysis must contain all the information which must be known to treat, store
or dispose of the waste in accordance with the requirements of this part and
Part 268 or with the conditions of a permit issued under Part 100 of these
regulations.
(2) The analysis may
include data developed under Part 261 of these regulations, 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 analysis
performed on the waste before the effective date of these regulations, or
studies conducted on hazardous waste generated from processes similar to that
which generated the waste to be managed at the facility, may be included in the
database 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) of these
regulations. 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 waste, 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/she will carry out to comply with paragraph (a) of this section.
He/she 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 Part 261 of these regulations; or
(ii) An equivalent sampling method.
(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.l034(d), 264.1063(d), 264.1083, and 268.7 of these regulations.
(7) For surface impoundments exempted from
land disposal restrictions under § 268.4(a), the procedures and schedules
for:
(i) The sampling of impoundment
contents;
(ii) The analysis of test
data; and;
(iii) The annual removal
of residues which are not delisted under § 260.22 of these regulations or
which exhibit a characteristic of hazardous waste and either:
(A) Do not meet applicable treatment
standards of Part 268, Subpart D; or
(B) Where no treatment standards have been
established:
(1) Such residues are prohibited
from land disposal under § 268.32 or RCRA section 3004(d) [42 U.S.C. §
6924(d)] ; or
(2) Such residues are prohibited from land
disposal under § 268.33(f).
(8) For owners and operators seeking an
exemption to the air emission standards of Subpart CC in accordance with §
264.1082:
(i) If direct measurement is used
for the waste determination, the procedures and schedules for waste sampling
and analysis, and the results of the analysis of test data to verify the
exemption.
(ii) If knowledge of the
waste is used for the waste determination, any information prepared by the
facility owner or operator or by the generator of the hazardous waste, if the
waste is received from offsite, 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.
