[Title 40 CFR DD]
[Code of Federal Regulations (annual edition) - July 1, 1996 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION]
[Subchapter I - SOLID WASTES (Continued)]
[Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES]
[Subpart Dd - Containment Buildings]
[From the U.S. Government Publishing Office]
40
PROTECTION OF ENVIRONMENT
13
1996-07-01
1996-07-01
false
Containment Buildings
DD
Subpart DD
PROTECTION OF ENVIRONMENT
ENVIRONMENTAL PROTECTION
SOLID WASTES (Continued)
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
Subpart DD--Containment Buildings
Source: 57 FR 37268, Aug. 18, 1992, unless otherwise noted.
Sec. 265.1100 Applicability.
The requirements of this subpart apply to owners or operators who
store or treat hazardous waste in units designed and operated under
Sec. 265.1101 of this subpart. These provisions will become effective on
February 18, 1993, although the owner or operator may notify the
Regional Administrator of his intent to be bound by this subpart at an
earlier time. 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
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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
Sec. 265.1101(b)(4);
(d) Has controls as needed to permit 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.
Sec. 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. EPA 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
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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 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 trasmissivity 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 Sec. 265.193(d)(1). In addition, the containment
building must meet the requirements of Sec. 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
Regional Administrator 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 Regional Administrator 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 Regional Administrator on
these plans within 30 days; and
(iii) Fulfill the terms of the revised plans, if such plans are
approved by the Regional Administrator.
(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
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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 a qualified registered professional
engineer that the containment building design meets the requirements of
paragraphs (a) through (c) of this section. For units placed into
operation prior to February 18, 1993, this certification must be placed
in the facility's operating record (on-site files for generators who are
not formally required to have operating records) no later than 60 days
after the date of initial operation of the unit. After February 18,
1993, PE certification will be required prior to operation of the unit.
(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, 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
Regional Administrator of the condition, and within 14 working days,
provide a written notice to the Regional Administrator with a
description of the steps taken to repair the containment building, and
the schedule for accomplishing the work.
(ii) The Regional Administrator 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 Regional Administrator 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 (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 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 subpart, the
Regional Administrator 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.
[[Page 501]]
Sec. 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 Sec. 261.3(d) of this chapter applies. The
closure plan, closure activities, cost estimates for closure, and
financial responsibility for containment buildings must meet all of the
requirements specified in subparts G and H of this part.
(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
(Sec. 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 subparts G and H of this
part.
Secs. 265.1103--265.1110 [Reserved]
Appendices to Part 265
Appendix I to Part 265--Recordkeeping Instructions
The recordkeeping provisions of Sec. 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 Sec. 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 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
part 261, subpart 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 part 261, subpart D, of this chapter,
and each hazardous waste characteristic defined in part 261, subpart 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; and
Table 1
------------------------------------------------------------------------
Unit of measure Code \1\
------------------------------------------------------------------------
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
------------------------------------------------------------------------
\1\ Single 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
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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 Tricking 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)
[45 FR 33232, May 19, 1980, as amended at 59 FR 13892, Mar. 24, 1994]
[[Page 503]]
Appendix II to Part 265--[Reserved]
Appendix III to Part 265--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 to Part 265--Tests for Significance
As required in Sec. 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 to Part 265--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 Group 1-B
------------------------------------------------------------------------
Acetylene sludge Acid sludge
Akaline 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
alkalines
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.
[[Page 504]]
------------------------------------------------------------------------
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.