Current through Register Vol. 48, No. 9, September 27, 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 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 the requirements of this regulation or
with the conditions of a permit issued under R.61-79.268, .270, Subparts A and
B, and R.61-79.124. (amended 11/90)
(2) The analysis may include data developed
under R.61-79.261, 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 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
data base required to comply with paragraph (a)(1). The owner or operator of an
offsite facility may arrange for the generator of the hazardous waste to supply
part or all of the information required by paragraph (a)(1) 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 waste or non-hazardous waste if applicable
under 264.113 (d) has changed; and
(ii) For offsite facilities, when the results
of the inspection required in paragraph (a)(4) 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 offsite
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). 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);
(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 R.61-79.261; or
(ii) An equivalent sampling method.
[Comment: See 260.21 of this chapter 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 offsite 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. (revised 12/92)
(7) For surface impoundments exempted from
land disposal restrictions under Section268.4(a)(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 Section260.22 of this chapter 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 Section268.32 or RCRA section3004(d)(d); or
(2) Such residues are prohibited from land
disposal under Section268.33(f)(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 off-site, that is used as the basis for knowledge of the
waste.
(c) For
offsite facilities, the waste analysis plan required in paragraph (b) 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 offsite 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: R.61-79.270 requires that the waste analysis plan
be submitted with Part B of the permit application.] (revised 12/92)
